Dozens of local residents, teachers and friends gathered in the board room at the Levittown Memorial Education Center last Wednesday for the regular meeting of the Levittown School Board. Some heated topics were discussed, including a mother's right to be with her newly adopted child.
Levittown United Teachers President Martha Martin addressed the board, stating that discrimination was taking place in Levittown, and not for the first time. She noted two incidences where she felt a teacher in the district had been discriminated against, and said that it is happening again to a Division Avenue High School educator who recently adopted a little girl from Ethiopia.
Martin, together with other teachers and residents who spoke out at the meeting, said that Irene Ippolito, who adopted an orphaned 4-year-old, requested paid leave from the district, which she was denied.
Martin argued that since she has been in the Levittown School District, 17 years, she doesn't know of one mother who has adopted a child that has not been permitted to use accumulated sick time to become acclimated to her new child.
"Past practice has always been [that] any mother that has adopted a child has always been allowed to use, if they have enough sick time saved, 30 sick days to be with their child," Martin said. "I can cite many examples in years past where the district granted six weeks paid leave to teachers who adopted a child. In fact, I know of no adoptive mother who was denied sick time use. This is as it should be."
Martin continued, stating that "this year, however, the district maintains this teacher is not entitled to a paid leave because she did not give birth to the child."
According to Superintendent of Schools Dr. Herman Sirois, this is simply not true.
"We'd like to give her the leave for the purposes of adoption. The contract does not allow us to do that - it does not make that provision," he explained.
For about a year, the school district and union worked out contract negotiations, particularly in the area of sick leave, as some teachers were accused of abusing the sick leave policy. Dr. Sirois noted that in the past, teachers were permitted to use accumulated sick leave for the purposes of adoption. However, he added, because the district has done it in the past doesn't necessarily mean it can be considered "past practice."
"In fact we have done it in the past," Dr. Sirois said. "Whether or not having done it in the past constitutes past practice is something the PERB (Public Employment Relations Board) board will have to determine."
Martin explained that the union is bringing the problem to PERB, which resolves labor disputes between public employers and employees. The board provides mediation, fact-finding and arbitration in contract disputes. At press time, a date for the district and union to come before the board had not yet been set.
It seems, however, that this whole issue could be resolved by changing or adding a few words to the existing contract, which the district says it would be happy to do, but the union feels is not necessary.
Martin argues that the teacher should be granted the leave based on the current wording of the contract. According to Dr. Sirois, the district's attorney says that the mention of adoption in the existing contract refers to unpaid leave. He said he doesn't understand why the union won't just let them make a simple change.
"We would like to include a change in the contract that would allow the district to do this and Mrs. Martin refused to discuss this with us ... The problem is that paid maternity leave is for the purposes of the mother who is sick as a result of maternity. Adoption is mentioned in the clause, and our lawyer is telling us that [it] refers to the unpaid leave that we offer," Dr. Sirois said.
"We'd love to [grant this teacher] leave. We're frustrated because [we're being bullied] into an interpretation of the contract which we can't make. It is in grievance and we're happy to live with the grievance," he added. "If a higher authority than us tells us that that's the interpretation of the contract then we'll go with it, we'll be happy for it because we want to do this for this teacher."
Martin maintains that the current contract should allow this teacher to take time off to be with her new daughter. She also noted that it's unfortunate that this has become a union issue.
"This has become a union issue ... but this is a personnel issue. This is how you treat your employees," Martin said. "They're just making it miserable for this girl. She's an excellent teacher, she's never abused her sick time, she's a wonderful woman. Just think of what she's doing as a single mom."
In this case, the district and union seem to agree.
"This teacher deserves a paid leave. We've done it in the past, we've never had this problem with the union before," Dr. Sirois said. "We're happy to do it and if PERB tells us we have to do it, no one will be happier than me, probably second only to the teacher."