Reply to How can we force our school to reopen?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]So you want to sue to:

-remove federally regulated FMLA
-remove federally regulated ADA accommodations
-repeal DC paid family leave
-force DCPS to hire new teachers to replace the ones they either fire when your first three lawsuits are successful or put on eligible leave status when your lawsuit is unsuccessful 
-force people to take teaching jobs?
-or force people to become teachers?
(The last two have question marks bc I’m not sure what you’d be suing to ask for in terms of having staffing available to teach.)

Not a lawyer, but I’d say you definitely have a case here. When you are successful, it would definitely mean I go back to teaching in person![/quote]

No, you definitely are not a lawyer.  Opening schools would not require repealing any of the laws you mentioned.  That's not to say that I think a lawsuit would be successful, but not for the reasons you cite.[/quote]

Ok, so maybe we disagree on “open the schools.” My building is open and people work there daily. So they are already open and no lawsuit is needed. OR, you want students back without teachers? If you want students back in class you need teachers to teach them. This is the only impediment and the only reason we can’t reopen. So yes, you would need to sue to force teachers back. [/quote]

By your rationale, ALL workers could just stay home and claim FMLA/Family leave indefinitely. That's not how the law works.  [/quote]

It’s not indefinite but many teachers on this board are saying they have enough leave to not come back to classrooms this year. And the. They’ll quit.

I agree that Bowser and the Chancellor have flubbed this big time but if they’re in part trying not to lose what may be a large part of their workforce, it might be with good reason. [/quote]

But they can't just take that leave unless they have FMLA, right? I guess they could get paid out for their annual leave when they quit, but then they have no jobs?[/quote]

In DC you can qualify for 16 weeks of medical FMLA and 16 weeks of family FMLA, to run consecutively for a total of 32 weeks. There are limitations to each, so this is only available to those who qualify for them, not just anyone who wants 32 weeks off. Without a qualified reason it’s leave without job protection so you could be fired I believe at any time. Oddly enough, doctors get the same legally entitled leave options. [/quote]

Oops, I guess I was incorrect, I guess it's 4 months.

I mean that's great for those of you who think you can 'force people to do anything. Guess we'll see around March how many teachers quit after using all their FMLA. Or how many schools have to scramble to hire randoms because staff are being forced to use FMLA instead of teaching DL.[/quote]

And that’s exactly the problem for reopening. Not enough bodies for the room—whether current teachers or hired randoms. Anyone else arguing otherwise is missing the point.

Side note, I mentioned on the SWW principal thread that everyone was calling for teachers to go back or be fired (but then got upset when DCPS appeared to do just that) and was told it’s very few parents advocating for that. On this thread it seems to be many. [/quote]

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