What you should know about absences
2007-2008 School Calendar, click here
Special Circular #8, Time Clock Procedures, click here
Special Circular #16, Bereavement Policy, click here
Special Circular #65, CAR and Borrowed Days, click here
Appeal to Executive Director (Sick days before a holiday), click here
Arbitration on Use of Borrowed Days, click here
Hardship Transfer Application, click here
Absence Categories and Usages Sick Leave – Accruals/Usage
Annual employees earn one (1) sick leave day for every month in which they are in service at least sixteen (16) calendar days. The maximum number of sick leave days one can earn in a school year is ten (10) — from September to June. Employees who work in the summer earn two (2) additional sick leave days. Employees may use sick leave earned and paid if they meet the following rules:
Self-Treated Absences
School-based pedagogues or supervisors may not use more than ten (10) self treated days in a ten (10) month period. Any days in excess of ten (10) will result in an Absence With Out Pay (AWOP), that is a deduction in pay at 1/300th of your annual salary.
Personal Business Days
Annual employees are entitled to use three (3) sick leave days for personal business during the school year. Please note however, that the three days will be incorporated and categorized as self-treated. That is, if three (3) personal business days are used, then the employee can only use seven (7) self treated days during the school year.
Medically Certified Absences
Medically certified absences are without limit as long as the Cumulative Absence Reserve (CAR) balance permits. Absences exceeding the CAR balance result in a deduction in pay.
Borrowing CAR
If you are an appointed pedagogue or supervisor you may borrow up to twenty (20) days in excess of your CAR. This does not apply to Educational Administrators, Education Officers and Education Analysts, each of whom can borrow upon approval up to twelve (12) days from his/her CAR. After the ten (10) self-treated days are used, all absences have to be medically certified. All requests to borrow days should be in writing with the understanding that those days must be re-paid. The OP198 form is used to borrow days from your Cumulative Absence Reserve (CAR). Regular substitutes may not borrow days. A deduction of pay will result for all regular substitutes if he/she exceeds the days in his/her Cumulative Absence Reserve (CAR) bank.
Religious Observance Days
An employee may use his/her three (3) personal business days or take a daily deduction in his/her salary for each day he/she does not report to work for a religious observance. The deducted amount will equal the amount it cost the Department of Education to hire a per-diem substitute for the day.
Grace Periods
If you are a regularly appointed pedagogue or supervisor, you are entitled to one calendar month (with medical certification) grace period once you have exhausted the days in your CAR. The grace period allows you to remain on payroll while maintaining your health insurance. You will get paid for a portion of the holidays and weekends that fall within the grace period. All workdays are deducted at a rate of 1/300th of your annual salary. The employee is eligible for one grace period per school year. The day after the grace period, the employee must either return to active full-time duty or take a leave of absence without pay for restoration of health. Grace periods are granted only for health restoration and maternity childcare leave. Regular substitute pedagogues are not eligible for grace periods.
Absence due to Children’s Disease
A teacher who contracts a children’s disease (e.g. measles, mumps, and chicken pox (See Teacher's Contract, Article 16A14) from work in the line of duty receives unlimited days off until the end of the illness. This absence does not affect the teacher’s CAR balance. A form OP407 is required regardless of the number of days of absence. German measles or pink eye are NOT covered by this provision.
Non-Attendance Days
A non-attendance day does not affect a teacher’s CAR balance. In most cases, nonattendance can be approved by the principal. However, in some instances (detailed on the back of the application) approval by the superintendent is required. Absence as nonattendance is recorded on the School Record of Teacher Absence, but it is not considered absence for the purposes of rating. Click here for OP 201.
There are a number of categories that fall under the general heading of non-attendance days.
- Attendance at a Convention or Conference: The teacher is approved to attend a conference, convention, meeting or training session. An Application to Attend School Meeting or Convention Outside New York City (OP221) must be completed by the teacher and submitted to the principal for approval or disapproval and signature.
- Court Subpoena: An employee is subpoenaed to appear in court.
- Death in Family: A teacher is allowed up to four work days absence for a death in the immediate (grandparent, parent, sibling, spouse, domestic partner, child, grandchild, or parent of a spouse or any relative residing in the employee’s household) family. The fifth and all subsequent days will be deducted from the employee’s CAR. In extenuating circumstances, up to an additional nine days may be permitted. This time off must be approved by the teacher’s district office/organization center. Travel time allows up to five days beyond the four days absence permitted for a death in the immediate family to travel to and from the funeral. Additional travel days must be approved by the district office. Click here for Special Circular #16 Bereavement Policy.
- Funeral: A teacher is allowed one day for the death of someone not in the employee’s immediate family (brother or sister-in-law, son or daughter-in-law, niece, nephew, aunt, uncle, or spouse’s aunt or uncle or grandparent who is not a member of the immediate family as defined above. Time is also granted up to one day for the funeral of a coworker.
- Graduation: One day is granted for the graduation of a member of the immediate family. Extenuating circumstances may provide an extra travel day for a single graduation if approved by the district office/organization center.
- Jury or Grand Jury Duty, or Jury Duty Qualification: Time is unlimited for the length of the jury duty or jury duty qualification.
- Legislative Hearing: Time is granted for the period required for the hearing on official Department of Education business.
- Line of Duty Injury: A line of duty injury does not affect the individual’s CAR unless it is disapproved. A doctor’s note must be submitted for a line of duty injury and the Medical Department requires documentation and forms. If disapproved, each day of absence will be deducted from the CAR or pay.
- Military Duty: When an employee is called for military service, the first 30 days of service are paid with no deduction from the CAR. (See Extended Rights and Benefits for Military Leave below.)
- Quarantine: If an employee is quarantined, the time needed for the quarantine is granted.
- Requirement of School System: Time is granted upon approval for the period required when an employee is called to central headquarters on official business such as a medical exam or interview.
- School Visits and Meetings in New York City: Up to three school days per school year may be used for observing school activities in other schools or for attending a professional conference.
- Student Suspension: Time is granted for the duration of the meeting to attend a student suspension hearing/meeting.
- Summer Training: Time is granted, usually the last two weeks in June, for two weeks for training. (A summer training memorandum is issued by the Division of Human Resources each year.)
- Transit Delay: This is an approved partial absence due to a failure in some mode of public transportation.
Your rights about sick days
Many UFT members are confused or have mistaken ideas about the regulations governing sick days. Some have found themselves disciplined — in a few publicized instances, quite severely — when they misused their sick days.
To help members avoid such problems, here is a Q&A that tells you everything you should know about sick days and how you may use them in accordance with the contract:
Q. How many days may I take each year for self-treated illness?
A. Article 16a of the teachers’ agreement (and corresponding articles) states that regular appointed teachers are granted up to 10 days in any school year for absences for illness without a doctor’s note.
Q. How do pedagogues earn sick leave?
A. One day of sick leave is earned for every month in which they serve at least 16 calendar days. This is up to a maximum of 10 days per school year.
Q. I have not taken any days this year. If I go to the doctor for my first illness do I need a note?
A. You do not need a doctor’s note for the first 10 days you take off for self-treated illness in any school year. However, it is always wise to submit a note if you did see a doctor.
Q. Why?
A. If you do present a doctor’s note then you won’t use up any of your 10 self-treated sick days that don’t require a note.
Q. May I use any of the 10 self-treated illness days for other business?
A. Three of the 10 sick days may be used for personal business. Reasonable notice must be given to the principal for this type of absence.
Q. What does “reasonable notice” mean?
A. There is no specific number of days that define “reasonable notice.” It would depend on the nature of the business. The need to care for an ill child would probably allow for very little advance notice. On the other hand, if you will be closing on your new house then that probably would be known well in advance so you can give considerably more notice.
Q. What does personal business cover?
A. Personal business is defined in the agreement as any business that cannot be conducted on other than a school day and during other than school hours.
Q. May I use any of the self-treated days to care for my ill child?
A. Two of the three personal business days may be used for care of a sick family member.
Q. Do I have to tell my principal the nature of my personal business?
A. Yes, since he or she would need to know whether this is business that can only be conducted during school time. That’s one reason to give advance notice. Since the principal must approve of the business, advance notice gives you more time to show that it can only be performed during school time.
Q. May I work for an outside business on either a personal business day or a self-treated illness day?
A. No. A teacher may not earn income while on a personal business day.
Q. May I work per session on a personal business day?
A. You may not work per session on a day you did not work during school hours.
Q. May I take a personal sick day for reasons other than illness or personal business?
A. No. Your 10 days per school year may only be taken for illness, disability or approved personal business.
Q. If I don’t use my 10 self-treated days during a school year, do I lose those days?
A. No. Any unused days are placed in your CAR. This is commonly known as your sick bank. You may accumulate up to 200 days in your CAR.
Q. What are my options if I am sick for more than 10 days in a school year?
A. If you have unused sick days accumulated in your CAR you may use those days for illness. However, for all absences after 10 self-treated sick days, medical certification must be presented.
Q. What happens if I don’t have any days in my CAR?
A. You may borrow up to 20 days of additional sick leave.
Q. What happens if I take more than 10 self-treated days in a school year?
A. A payroll deduction is made at the rate of 1/300 of your annual salary for any day after the 10th day without a doctor’s note.
Q. Are there any diseases that do not require a charge to my CAR?
A. Measles, mumps and chicken pox are childhood diseases that are not charged to your CAR.
Q. Do I have to prove that I contracted measles from a child in my class or school?
A. No. You must submit an OP198 form, which is available from your school secretary.
Q. A child in my class has rubella (German measles). I also came down with it. Are my absences for this illness charged to my CAR?
A. Yes. Rubella is not a children’s disease that is listed in the agreement as exempt from CAR deductions.
Q. I came down with shingles, which is a form of chicken pox. Is my CAR deducted for days I took for this illness?
A. Yes. Although shingles is a form of the same virus that causes chicken pox, it is not covered in the agreement.
Q. My principal warned me about excessive absences. How many days may I take off each year without the threat of an unsatisfactory rating?
A. There is no specific number of absences that would trigger a U rating. Chancellors Regulation C-601 states that "absences which are so numerous as to limit the effectiveness of service may lead to disciplinary action"[ Section 1(c)].
Q. I am a regularly appointed pedagogue. My illness or injury requires several months of absence. I only have 12 days in my car. What are my options?
A. First, you must use the days in your CAR. You are then permitted to borrow up to 20 days. This is usually done because it allows you to be paid your regular salary. Then you are entitled to a one-month grace period. This allows you to remain on payroll while maintaining your health insurance. During this grace period you will get paid for weekends and holidays that fall within that time.
Q. What are my options after the grace period is over?
A. You must either return to service or take a leave without pay for restoration of health.
Q. Are there any options other than taking a leave for health reasons?
A. You may be entitled to a family medical leave (FMLA) for personal illness, to care for an ill family member, for maternity or child care. For further information see your chapter leader. In addition, pedagogues are permitted to take sabbaticals for restoration of health as long as they meet the requirement for a six-month sabbatical and have exhausted their CAR. For further information, contact your borough office.
Q. I have been absent eight times in the past 10 months. My principal has called me in to a disciplinary meeting because he believes that there is a pattern to my absences. Can he do this?
A. If the principal sees a pattern to your absences, such as Mondays or Fridays, or before or after a holiday, the principal has an obligation to investigate. This is one reason why doctors’ notes are important. Notes would nullify any appearance of a pattern of absence.