Legal Questions

Legal Questions

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Your Evaluation … “Developing?“ “Ineffective?” Now What?

You’re a tenured teacher with an Advanced Professional Certificate and you’ve just been evaluated as less than effective — which means a designation of either developing or ineffective. It’s time to make some choices. What to Do? You Can: 1. Participate in the development of a Performance Improvement Plan to identify resources and support in the areas identified […]
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An FMLA Tutorial

The Family Medical Leave Act (FMLA) is a federal law that provides job-protected, unpaid leave under certain circumstances. Who is eligible for FMLA? Government and private sector employees qualify for FMLA if their employer has at least 50 employees and they have worked for 12 months and 1,250 hours. Ten-month certificated educators in the public […]
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Who Decides What’s on the Bargaining Table?

Educators know they have some basic rights thanks to the contract negotiated by their local association bargaining team. Salary and wages, health and life insurance, sick leave and sick leave banks, retiree health care provisions, and more are, in fact, mandatory subjects of bargaining. Your local association brings those and other issues — ones imposed by the […]
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Your Rights as an Educator-Activist

  iStock Photo Educator activism — locally and across the country — is building for safer schools, increased funding, better pay and support for educators, and improved professional respect. MSEA encourages activism, but we also want members to protect themselves, their jobs, and their local associations by understanding the differences between types of actions and their effects. Let’s look […]
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Teachers — Your On-the-Job Rights and Benefits

This is part three of a series about collective bargaining for Maryland educators. Read “Collective Bargaining — It Makes Your Contract Legally Binding” and “Bargaining Your Contract — Your Right and Duty.” The right to negotiate your work contract through your local education association is protected by law and only possible because the majority of your colleagues said “yes” […]
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A Word from the Legal Team on BYOD School Policy

Many public school systems have permitted students to bring their own devices and cell phones to school for use in the classroom. It’s a great way to maximize resources especially in cash-strapped districts. But the headaches for educators may outweigh the benefit when there is no policy or one isn’t enforced. Every educator has experienced […]
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Bargaining Your Contract — Your Right and Duty

In Maryland, education employees work under their negotiated contracts, which are written jointly by their union and board of education. At the bargaining table, teams from each side discuss and debate employee and employer issues and concerns that affect both sides. The outcome of the negotiations become the conditions that make up your daily work […]
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Overtime and Bargaining Units

The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage and overtime pay for certain eligible employees. Under FLSA, employees who do not fall within the executive, administrative, and professional category are non-exempt employees who must be paid minimum wage and overtime pay for hours over 40 in a work week. […]
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Collective Bargaining — It Makes Your Contract Legally Binding

You probably know that every several years your local education association negotiates the employment contracts for educators through the collective bargaining process. It’s serious business and a very big deal. Collective bargaining is so important that it’s part of the Education Article of the Annotated Code of Maryland, which gives certified and non-certified public education […]
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