Know your rights

Attendance

Jan 31, 2008 2:56 PM

Teachers and other pedagogues are credited with one day of “sick leave” on the 16th of each month of the school year, or 10 days for a full school year of work. These days accumulate in your Cumulative Absence Reserve, commonly known as your “sick bank.”

If you are absent from school because of illness, you will be paid for up to 10 days in any school year without needing to submit a doctor’s note. These are known as “self-treated days.” If you take more than 10 days in any school year, you will not be paid for those additional absences unless you submit a doctor’s note, even if you have days accumulated in your CAR. Wherever possible, you should submit medical certification for each day you are absent to preserve as many of your self-treated days as possible.

You can use three of those 10 days for personal business, provided that you give reasonable notice to your principal. Personal business is officially defined as something that cannot be done at any time other than a school day, during school hours. Two of these three personal business days may be used to care for family members who are ill.

If you are ill after having exhausted all the days in your CAR and you are regularly appointed, you may borrow up to 20 additional sick days. You should request these days in writing from your principal. Regardless of the nature of your absences, it is most important that you call your school each day and notify the principal that you will be absent. If you fail to pay back these borrowed days by the time you retire or resign, the DOE can deduct a sum of money from your termination pay to cover that cost. Ask your payroll secretary about the various ways you can pay back this time.

Absences due to childhood illnesses that are listed in our contract (measles, mumps and chicken pox), for the death of a member of your immediate family or to appear in court as a juror or witness are considered “non-attendance” days and are not deducted from your CAR. Your chapter leader can advise you about the forms you must file for these days.

The federal Family Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave for the birth and care of a newborn child, new adoption, start of foster care, care for an immediate family member with a serious health condition or when you yourself have a serious health condition. You are eligible if you have worked for a total of at least 12 months as of the date the leave commences (the 12 months need not be consecutive). The leave can be intermittent or involve reducing your work schedule. Your health benefits will continue during an FMLA leave.

If you are regularly appointed, you can accumulate up to 200 days of sick leave in your CAR during your career.

When you leave service with the DOE, you will be reimbursed for up to one-half of your unused days at the rate of 1/200th of your then-current yearly salary per reimbursed day. You will be paid in three equal installments, payable at two months, 14 months and 26 months following the date of resignation, retirement or termination. Speak to your payroll secretary about the forms you must file to receive this money.

If your absences are “so numerous so as to limit the effectiveness of service,” you may receive a letter for your official file. You also may receive a “U” rating and/or be terminated. You should contact your chapter leader immediately so that you can be provided with the proper advice and representation. Principals have been abusing this provision of the Chancellor’s regulation and the union has filed for arbitration on this issue.

If you are tenured and you are excessively absent or late, the DOE has the right, with sufficient notice, to summon you to a 3020a hearing about your conduct. It is critical that you alert the union as soon as you are summoned so a union lawyer can assist you at the hearing and can review the documentation the DOE must provide you. These hearings have helped stop the DOE from threatening members who have legitimate reasons for long-term absences, such as debilitating illness, but be aware that even though the hearing officer cannot terminate you, he or she can levy penalties against you.