ARTICLE NINETEEN

LEAVES

A.  Sick Leave

1. Employees will be granted one day's sick leave with pay for each month of work during the regular school year.  Unused sick leave shall be cumulative from month to month during the school year and from year to year up to a maximum of 145 days.  Members of the Teachers Retirement System accrue sick leave up to a maximum of 200 days.
   
   Paraprofessionals will be allowed to use up to three sick days per year for personal business, provided that reasonable advance notice is given to the head of the school.  Effective September, 2002, paraprofessionals may use two of the three days allowed for personal business in any school year for the care of ill family members.  For the purpose of this provision, family member shall be defined as: spouse; natural, foster or step parent; child; brother or sister; father-in-law; mother-in-law; any relative residing in the household; and domestic partner, provided such domestic partner is registered pursuant to the terms set forth in the New York City Administrative Code Section 3-240 et seq.  Days off for personal business are intended to be used for personal business which cannot be conducted on other than a school day and during other than school hours.

2. Employees whose sick leave allowance is exhausted shall have the right to apply to the Division of Human Resources to borrow against future sick leave in accordance with applicable administrative regulations.

3. Information on accumulated sick leave will be given to each employee, in writing, once a year.

4. Paraprofessionals serving in schools shall not suffer loss of sick leave days for absence due to illness from the following children's diseases: rubeola (measles), epidemic parotitis (mumps) and varicella (chicken pox).  It is understood that this paragraph does not apply to rubella (German measles).

5. The Board will approve absences without loss of sick bank days for paraprofessionals who contract Hepatitis B as a result of working with children who have been evaluated as presenting a substantial risk of exhibiting acting out behavior.

6. Employees who are absent due to allergic or positive reaction from a skin test shall not suffer loss of sick leave days.

7. Employees may apply for a leave for reasons of personal illness, including pregnancy-related disabilities, and such leave shall be granted, subject to approval of the Medical Bureau. They shall be entitled to return within one year on the basis of seniority and shall regain the seniority and other rights they had before leaving.  Any leave granted under this Section may, subject to approval of the Medical Bureau, be extended for a period of one additional year.

8. Employees who work during the summer will be granted one day of sick leave with pay for July or two days during August, in accordance with the Standard Operating Procedures Manual.  Unused sick leave is not cumulative from year to year in the summer activity but it will be added to sick leave acquired under paragraph 1 above for use during the regular school year.

9. Employees with two or more years of service who leave for reasons of illness in the immediate family shall be entitled to return within one year on the basis of seniority and shall regain the seniority and other rights they had before leaving.  The term "immediate family'' includes a parent, child, brother, sister, grandparent, grandchild, husband, wife or parent of a husband or wife, or any relative residing in the employee's household; and domestic partner, provided such domestic partner is registered pursuant to the terms set forth in the New York City Administrative Code Section 3-240 et seq.

10. Unused sick leave accumulated as a paraprofessional shall be transferred to the employee's sick "bank'' if he/she is employed in a different Board position.

11. All applications for leaves of absence within the provisions of this Article shall be forwarded to the Division of Human Resources with proper medical documentation attached for approval.

12. Paraprofessionals who are members of the TRS and who resign or retire, shall upon application, receive termination pay on a basis of one half of up to 200 days of the unused sick leave accumulated.  If the resignation or retirement becomes effective at any time other than the end of a school year, sick leave for the period of service during that school year shall be paid at the rate of one day for each two full months of service.  Any paraprofessional who takes termination pay pursuant to this paragraph shall be paid such amounts in three equal cash installments payable two months, fourteen months and twenty six months following his/her termination date.

The estate of such a paraprofessional who dies during the term of this contract shall receive termination pay calculated on the same basis.  This paragraph shall not apply to those paraprofessionals who are presumed to have retired on the day immediately preceding their death pursuant to Section 13-545 of the Administrative Code of the City of New York , as amended and recodified.

Absence immediately prior to resignation shall be paid on the same basis as termination pay.

B.  Leaves Without Pay

1. An employee with two or more years of service who leaves for reasons of maternity and/or child care and returns to employment within four years shall regain the seniority he/she had at the time he/she left, and shall be credited with the accumulated sick leave to which he/she was entitled at the time he/she left less the sick days used while on maternity leave.

2. An employee with three or more years of service who leaves for approved study or to teach within the New York City school system and returns to employment within one year shall regain the seniority he/she had at the time he/she left and shall be credited with the accumulated sick leave to which he/she was entitled at the time he/she left.

3. Upon application a leave of absence without pay will be granted to an employee to serve as a school secretary assistant or bilingual school secretary assistant.  Such leave shall be for up to 18 months, but shall terminate upon cessation of employment as a school secretary assistant or bilingual school secretary assistant.  Upon termination of the leave the employee who returns to employment as a paraprofessional shall regain the seniority he/she had at the time he/she left and shall be credited with his/her accumulated sick leave at the time of return.

4. Paraprofessionals who are officers of the Union or who are appointed to its staff shall, upon proper application, be given a leave of absence without pay for each school year during the term of this Agreement for the purpose of performing legitimate duties for the Union, on the same basis with respect to service credit for retirement purposes and contributions to the retirement system as is applicable to teachers pursuant to Article Nineteen C (Leaves of Absence for Union Officers) of the Teacher Agreement.

5. Through at least July 31, 1995 , the Board will implement a liberal policy concerning the granting of leaves of absence without pay to UFT bargaining unit members who meet the stated criteria for such leaves.  Bargaining unit members who are denied such a leave at the school or district level may appeal to the Chief Executive of the Division of Human Resources for review and final determination.