Living and Working with HIV Infection

Jan 16, 2002 4:24 PM

When I dare to be powerful...                                 
To use my strength in the service of my vision...
Then it becomes less and less important...          
Whether I am afraid.                                                
                             — Audre Lorde

What You Should Do

• If you are considering leaving the school system, you should make an appointment for a retirement (regardless of your age or the length of time you've worked for the New York City Board of Education) and ask lots of questions. Find out what your options are for retirement, disability retirement and pension loans and consider them carefully.

• Call your local Social Security office and request a form that you can to get a free statement with a record of your earnings and an estimate of your benefits. Verify that your earning have been properly recorded so that any potential benefits will not be delayed by wage correction efforts. Also, request pamphlet #05-10026, "A Guide to Social Security and SSI Disability Benefits for People with HIV Infection."

• Check your files and records and review your disability or life insurance polices. Know your assets.

• Update your beneficiaries. When was the last time you updated your Welfare Fund beneficiary card or your Teachers' Retirement System beneficiary? You have a right to designate a domestic partner or long-time companion as your beneficiary, and you also should reinforce this decision in your will. Consult an attorney familiar with methods of ensuring family rights not specifically protected by law.

Any Questions?

The UFT's resources specialists can answer your questions and offer advice on a wide range of services available to you. They can be reached at (212)598-9275, Monday through Friday from 4 to 6 p.m. All inquires are confidential.

The Right to Reasonable Accommodations

Under the Americans with Disabilities Act, people with AIDS are entitled to reasonable accommodations to help them with their work; in addition medical hardship cases receive priority in transfer situations. Having a class moved to the first floor, removing a difficult building assignment or having all of your subject classes in the same classroom are just a few examples of such a accommodations.

Sabbatical Leaves

Regardless of whether you are on the elementary, intermediate or high school level, if you are eligible for a regular sabbatical leave you also may apply for a sabbatical leave for restoration of health at any time during the year. You should have at least seven years of regularly appointed service, although exceptions are sometimes made.

Normally, these sabbaticals either begin on August 1 and end on January 31 of the follow9ing year, or they begin on February 1 and end on July 31 of the same year. However, if you become unable to work after the term has started, you may apply for a special sabbatical that would last for the remainder of that term. To qualify for a special sabbatical, you must have exhausted the days in your cumulative absence reserve. While on special sabbatical you receive 60 percent of your regular salary, all of your health and welfare benefits and your medical coverage.

Information, Advice and Assistance

The UFT is staffed with professionals trained to counsel teachers and other school-related personnel who are coping with HIV infection. We provide confidential, accurate information about your options for work and leaves of absence. And we can explain the range of benefits available to you and suggest steps you can take to ensure and protect your rights. Those rights include:

The Right to Work

You have the right to work as long as you are able. If it is necessary for you to take a leave of absence due to illness, you have the right to return to work when you are feeling better.

The Right to Privacy and
the Right to Disclose

It is your decision whether to share your HIV positive status with anyone at your school. If you prefer privacy, you do not have to tell your principal, immediate supervisor or payroll secretary that you have HIV infection. All information at the UFT and the Medical Division of the Board of Education is kept confidential.

On the other hand, you might prefer to tell staff and students that you are HIV positive. Some educators have said that doing so gives them a greater sense of purpose and better enables them to educate their students about HIV infection and AIDS.

If you are living with HIV infection, the UFT can help. We can provide confidential and accurate information to assist you and we can also answer job-related questions you might have. For example:

Will you be allowed to continue working in the New York City school system?

Are you required to notify anyone about your condition?

What will your health benefits cover and how long will they last?

Can you list a domestic partner as your Teacher's Retirement System beneficiary?

These are just a few of the crucial matters that someone with HIV infection must consider. Getting the right answers and advice is important. That's where the UFT comes in.