Reverse Course

NSEA Helps ESU Member Recoup $4,000 in Contract Sick Days Dispute

When Amanda McConnell slipped and fell at her brother’s wedding in August, she didn’t think it would end up costing her $4,000 of unpaid leave. In fact, at first, she didn't really think much of it at all.   

“I kind of ignored the pain at first, but by Sunday I knew I needed to see a doctor,” said McConnell.  “We did an X-ray. I ended up having an ankle sprain and my knee was infected.”

McConnell reported the injury to her principal and listened to her doctor who told her to stay off it for a week. She submitted a doctor’s note and started coming up with a plan to work with her classroom co-teacher to cover the students in her classroom.

“I have to be 100% as a teacher because working with my students can be very physical,” she explained. “Sometimes I have to run after kids. I have a physical job.”

McConnell is a member of the Educational Service Unit 3 Education Association and in her 13th year as a special educator. She works at Brook Valley North working with students with Autism.

“When I followed up with my orthopedic doctor who said I could come back with seated-only work and 50% restriction,” she said. “My principal was very supportive. I was already working out a plan to come back at 50% when I learned that they weren't going to let me come back until I was at 100%.”  

McConnell, her principal and ESU3 business services leaders met on a Zoom call to discuss the next steps.

No Days, No Solutions
Years earlier, while working as an Autism Specialist at Kearney Public School, McConnell had broken her leg. She worked closely with district leaders on solutions for coverage while allowing herself to heal. When McConnell sat with leaders at ESU 3 she was surprised at what they were telling her.

“Not only were they saying I couldn’t come back. They were also saying I didn't have any leave because my days weren't going to start until Sept.1 and because I wasn’t medically at 100%, I was also going to be out about $4,000.”

McConnell had already been in the classroom since Aug. 1, but her leave days weren't set to start until Sept. 1.  Only in her second year with ESU3, McConnell had already used the 10 sick days after contracting COVID twice the previous school year.

“I work with a lot of medically fragile kids. Their immune systems are very weak. We have to protect them.”

McConnell, the daughter of two teachers, continued to question ESU 3 leaders about possible solutions.  

“I asked them, ‘Can I get days donated from other colleagues?’ They told me, ‘Unfortunately, no, we can't do that.' I asked if I could have an advance on my sick days. They said, ‘no.’ I asked them if I could have my payments spread out so that even if I was out $4,000 I could still have a paycheck, they told me they couldn’t do that.”

McConnell felt like she was backed into a corner.

 “I had tears in my eyes because I had prepared myself for 50% of my paycheck, but this was more than I was expecting. I've been teaching for 13 years, and this just doesn't feel right. I don't know most people that could get a week's notice and get this much money taken out of their check.”

McConnell knew before she ended the Zoom call with ESU3 business services leaders that her next call would be to NSEA.

“I told them before the meeting was over that I would be contacting NSEA,” McConnell said.

A Call to NSEA
NSEA Organizational Specialist Andy Isaacson answered McConnell's call for help.   

Andy Isaacson is just one of NSEA's 16 organizational specialists that have the advocacy skills, knowledge of Nebraska’s school laws, and the ability to address issues and resolve disagreements with administrators.

“After listening to Amanda's situation, I wanted to make sure that we had another meeting with ESU3 leaders and that this time, NSEA would be there on Amanda's behalf,” Isaacson said.

Together, McConnell and Isaacson drafted an email and discussed next steps. Within a week, McConnell and Isaacson had their meeting with business leaders with ESU3 over Zoom.

McConnell explains that she let Isaacson take the lead.

“My anxiety was really horrible during this time because I was trying to take care of myself, trying to get back to work but it felt like I was being punished,” she said. “In the meeting, Andy was asking a lot of specific questions about the Family and Medical Leave Act (FMLA). It felt good to have someone who knew what they were talking about. It was good to have someone on my side.”

A Check
McConnell said after the meeting with Isaacson and ESU3 leaders things moved quickly.

“All of a sudden they had a check written for me for $4,000,” she said. “I had multiple people apologize and let me know this is the first time they've run into anything like this.”

McConnell said it was clear they wanted to make things right, and while the situation was stressful, she appreciated the swift resolution.

She feels reassured that steps were being taken to prevent similar issues for others in the future.

Back to 100%
In early September, McConnell's doctor cleared her to return to the classroom at 100%. She said she felt confident heading back into the classroom.

“Everyone at ESU3 was friendly when I came back. I didn’t feel like there was any animosity. My principal even sent out an e-mail welcoming me back,” she said.  “It's been a really easy transition back to the classroom.”

McConnell says she's thankful for Isaacson's expertise and she's especially grateful to be part of an organization that truly stands by its members.

“If I didn't get NSEA involved. None of this would have been resolved,” McConnell said. “I'm already telling everyone that they should be a member of NSEA. When you need them, they're there for you.”