Need objective opinion - work/maternity leave scenario

[azazela]

I am hoping you guys can help me with a situation. This is going to be long, I am sorry.

Some background: I am currently on maternity leave until September. I work as a school psychologist in a public high school. There is a maternity leave replacement in place for me (also a certified school psychologist) and there are other school psychologists in district.

Here is the situation: there is a court case under way between the school district and a student's family. The district is taking the parents to court because the parents are requesting independent evaluations and the district does not feel they are necessary. Under code, we can't just deny the request, we must take them to court (due process). I evaluated the student a few years ago. My director just called and left me a message. From speaking with my coworker I know that I will be asked to appear in court in late April to be a witness in the case, so that my evaluation/report and its' validity, etc. can be discussed. I have not called my director back yet.

My concern: I am on maternity leave, unpaid. My son will be under two months at the time of the court date. I have not left him with anyone yet. And honestly if I do, I'd much prefer it to be for something fun. We are EBF and we just tried a bottle for the first time (successfully) this week. I have no childcare and will need to ask either my mom or my husband to take a vacation day to watch him if I go. Depending on how long this will take and how far it is from my house I may need to bring a pump with me and find somewhere to pump. I do not want to go and do not think I should have to. I may be subpoenaed. Does that change things?

I am having difficulty being objective here for a number of reasons besides having an EBF newborn. We are currently working without a contract (union) and the district is cutting tons of postions for next year due to our new governor's budget cuts. Not exactly the climate where I want to go above and beyond. Additionally, while my director is a nice lady, I have little respect for her professionally. I'd like her as a neighbor but she sucks as a boss/professional, if you know what I mean.

If you got this far, thank you. Help please!

[Andi98989]

It may be possible to give your testimony via a deposition instead of having to appear in court. If you are able to do that, they could schedule it for a time and location that works for you - especially since you are out on leave right now. That would open up your options in terms of location and timing; you may be able to even to do it at home or bring LO and a sitter along with you so that there's someone to entertain LO but you aren't completely leaving LO with someone. It shouldn't be a problem to take breaks during a deposition to check on LO, do a feeding, etc...

That atmosphere is somewhat more casual than an actual court appearance and would give you a lot more flexibility.

We just took an expert witnesses' deposition at his house, so it can be done.

[bubbaray]

If you are subpoenaed, you have to go, regardless of pretty much anything.

I would guess that your testimony is wanted by the opposing party, so they can cross examine you on your qualifications and opinion. Just a guess.

You could ask the school's lawyer if you could give your evidence either by way of deposition or affidavit or some other means (do they do interrogatories there?), but my guess is they want you in court for cross examination.

[azazela]

Thank you both for your thoughts. My hunch was to request to speak to the district's lawyer directly so that I can get from her exactly what they need me for and whether there is a way to avoid it or do it in a different way.

[vludmilla]

I'm a school psychologist too and I've been thinking about your situation. I think it would be best to offer to do the deposition for the district even though you are on maternity leave. I would expect that they will give you credit for the day and extend your leave by one additional day or however many days you need to give for testimony. Someone else cannot really adequately testify about your report and in this case the report is the essence of the suit. It stinks but I think it would be good practice and puts you in good stead with them in case you need something from the district in terms of flexibility at some later time.

[Melbel]

I personally would cooperate either by giving a deposition (if possible), or otherwise appearing in court. I do not think that you could simply submit an affidavit or answers to interrogatories because it would deprive the opposing party of the right to cross examine you. As another option, you could check to see if it is possible to postpone the trial based upon your unavailability. A postponement until September is unlikely, but perhaps you could buy some time. There truly is not another worker who can cover for you with respect to your testimony. IMO, in the current climate where layoffs are probable, it is all the more important to show that you are a team player. ETA: If you could be subpoenaed anyway, in which case you would be legally required to attend, you would not be gaining anything at all by not cooperating and you would likely alienate your supervisors.

FWIW, I did not hesitate to participate when my boss requested for me to attend conference calls, etc. during maternity leave. He only asked for my help during leave when I had the personal knowledge that was necessary to resolve an issue.

[kijip]

I am having difficulty being objective here for a number of reasons besides having an EBF newborn. We are currently working without a contract (union) and the district is cutting tons of postions for next year due to our new governor's budget cuts. Not exactly the climate where I want to go above and beyond.

Honestly, it seems like it would be the reverse for me- I would want to go above and beyond to distinguish myself as an employee to keep. Unless the cuts are ONLY seniority based and it does not matter what you do, I would be looking to do stuff to keep my job. If you aren't sure you plan to go back, that's another story.

I get the logistics of leaving a newborn and I would totally look to give the testimony by deposition etc, but I would not just say no way in this situation.

[Leeannpk]

I'm a school psychologist too and I've been thinking about your situation. I think it would be best to offer to do the deposition for the district even though you are on maternity leave. I would expect that they will give you credit for the day and extend your leave by one additional day or however many days you need to give for testimony. Someone else cannot really adequately testify about your report and in this case the report is the essence of the suit. It stinks but I think it would be good practice and puts you in good stead with them in case you need something from the district in terms of flexibility at some later time.

Yes to this.

This isn't really about going above and beyond: if you are subpoenaed by the court, you need to appear. There's not much you can do in terms of negotiating your way out of it with your employer. If the opposing party wants you there and the court orders it, it's pretty much out of your boss's hands. I think that in terms of flexibility a deposition is your best bet, if they'll allow it.

[[email protected]]

Yes to this.

This isn't really about going above and beyond: if you are subpoenaed by the court, you need to appear. There's not much you can do in terms of negotiating your way out of it with your employer. If the opposing party wants you there and the court orders it, it's pretty much out of your boss's hands. I think that in terms of flexibility a deposition is your best bet, if they'll allow it.

I agree. Your sub didn't do the evaluation, you did. So she really can't testify about the specifics. Even if you no longer worked for the district, either side could still require you to testify. Although the timing stinks, I'd comply voluntarily rather than under a summons.

Besides, the whole suit is about whether you did a good enough job in your evaluation. If I wanted to stay a school psychologist, I'd want to defend myself. Any fighting against an appearance might seem like you think you messed up. It gives the district a motive to blame you if they lose.

Any pretrial prep should be done under your own terms.

Christine W

[jenfromnj]

Honestly, it seems like it would be the reverse for me- I would want to go above and beyond to distinguish myself as an employee to keep. Unless the cuts are ONLY seniority based and it does not matter what you do, I would be looking to do stuff to keep my job. If you aren't sure you plan to go back, that's another story.

I get the logistics of leaving a newborn and I would totally look to give the testimony by deposition etc, but I would not just say no way in this situation.

I agree with Katie--while I understand that the situation is inconvenient, given the climate re: job cuts, I would not want to provide my district with any reason to look unfavorably upon me.