Know Your Rights

Feb 6, 2007 10:44 AM

Material in File, see Letter in File.

Maternity Leave

It was not so long ago that women had to leave the classroom as soon as they “showed.” Today you can start your unpaid maternity leave at any time during your pregnancy, but it must end six weeks after the birth of your baby. If your recuperation requires more time and you have medical documentation, you can use your CAR (sick bank) or borrow up to 20 sick days if necessary. You also are entitled to a grace period, which pays you for all weekends and holidays for the calendar month following the exhaustion of the days in your sick bank. Your payroll secretary can tell you how many days remain in your sick bank and can give you the necessary forms to apply for your leave of absence. Call your borough office if you have questions.

If you are disabled as the result of pregnancy, and you have medical documentation, the UFT Welfare Fund will pay for up to eight additional months of medical benefits identical to what you had while working.

Either parent can apply for a child-care leave, which begins six weeks after the birth of your baby and can last for a period of up to four years from the following September. Again, your school secretary can give you the necessary forms to fill out.

For further information, see “Not for Women Only” at www.uft.org — click on Member Services and then Publications. If you have questions, call your UFT borough office for assistance.

Also see Leaves of Absence.

Medical Arbitration

Medical arbitration may be appropriate for you in one of several instances: 1. If you are regularly appointed and have been denied injury-in-the-line-of-duty status for more than 20 consecutive days. 2. If you have been denied either a sabbatical leave for restoration of health or an unpaid leave of absence for restoration of health. 3. If you believe you are fit for duty and the DOE says you are not. The medical arbitrator is an independent doctor, jointly selected by the union and the DOE, who will review your medical documentation to determine if the medical bureau’s decision was correct. The medical arbitrator’s decision is final and binding. You should speak to your UFT borough office if you want to pursue this course of action.

Also see Injury in the Line of Duty, Leaves of Absence, Sabbaticals.

Mentors

If you are a first-year teacher who has not had prior teaching experience, you are entitled to one-to-one mentoring throughout your first year. The mentor assigned to you is an experienced colleague who has been trained extensively in ways to best support you (including doing demonstration lessons, co-teaching with you, offering suggestions about classroom management and helping you plan your lessons). Your discussions are confidential and your mentor does not report back to your principal.

Micromanagement

Exercising your personal judgment in determining how best to teach your students is a basic professional right that the UFT has always had to fight for. The school system may set standards and guidelines for content and even recommend teaching techniques, but the day-to-day methods you use to individualize your instruction should be largely left to you. Still, some principals — particularly in the aftermath of NCLB — have attempted to micromanage the smallest details of your pedagogy. While they may make suggestions for improvement, the contract expressly forbids supervisors to discipline you for the appearance and format of your bulletin boards, the arrangement of your room, or the length of segments of your lesson. If your evaluation is rated “U” for any of those reasons, see your chapter leader about filing a grievance or pursuing professional conciliation.

Also see Professional Conciliation.

Observations, see Classroom Observations.

Official School File

Every UFT member has an official file at school that contains the administration’s observation reports, annual evaluation sheets, licensing and salary documents and other materials. There is only one official file maintained in your school; if a supervisor keeps private notes or reports about you in his or her possession they may not be used as official records against you. If you transfer to a new school, your file (but not any private notes) will follow you there.

No derogatory material can be placed in your file unless you have seen it and signed the original copy; your signature does not mean that you agree or disagree with its contents, only that you have seen them. You can, at any time, write a response to any derogatory material in your file and have it attached to the original copy. You always can examine and make a copy of your official file; we recommend that you ask your chapter leader or a colleague to go with you when you review the file.

If negative material has not been used in any disciplinary action against you (such as in a “U” rating, discontinuance of service or 3020-a termination procedure), it must be removed from your file three years from the date of the letter. See your chapter leader about how to do this. If you file a grievance, the grievance decision cannot be placed in your file.