The following update was sent to all school nurses from Chapter Leader Cynthia Bennett on Friday, April 24. 

It has been a tremendously stressful time for our students, our families and us. We have been called upon to perform work outside our usual scope and we have stepped up. I can't thank you enough for all your hard work during this crisis. These are obviously difficult times and this call to action is unprecedented.

I have received a number of emails requesting clarification on issues such as work assignments to sites outside of the DOE, payroll, leaves/absences, disciplinary conferences and uniform allowance. I've put together this email to address each of these items.

I hope this information is helpful. If you have more questions after reading this email, please contact me at CBennett@uft.org.

You have all gone above and beyond. I could not be prouder to work with you, and I am honored to represent you.

Nurse assignments

As you know, the DOE assigned nurses to NYC Health and Hospital Corporation sites in March. The authority was granted under the following emergency executive orders:

New York State Executive Order No. 202 suspended various requirements for provision of health services, authorizing all necessary state agencies to take appropriate action to assist local governments in containing, preparing for, responding to and recovering from this public health crisis.

New York City Executive Order No. 100 directs city agency heads to take “all appropriate and necessary steps to preserve public safety and the health of their employees, and to render all required and available assistance to protect the security, wellbeing and health of the residents of the City.”

Schools Chancellor Richard Carranza's March 21 email to DOE staff stated school nurses were deemed both “essential to the operation of the system” and “[the work could] not be performed at home.” 

UFT lawyers reviewed the two executive orders and concluded that the mayor has the power and authority to require city workers to report to work sites when their services are deemed necessary and vital. We have no choice but to follow this directive as it is not subject to collective bargaining.

Nevertheless, during any Health and Hospitals Corporation assignment, you continue to retain all the rights and benefits of UFT membership. Furthermore, we have confirmation from the senior vice president and general counsel of the New York City Health and Hospitals Corporation that any health care providers working temporarily in the Health and Hospitals Corporation are eligible for defense and indemnification for professional liability from the city under the same terms as city employees.

School nurses have been assigned to Health and Hospitals Corporation facilities based upon seniority. This seniority order is based upon years of service with the DOE. Nurses with the fewest years of service are moved first and then more senior nurses are deployed.

Payroll

You will be paid for all the hours you are asked to work, including any overtime, for any and all days worked regardless of location. A signed timesheet must be submitted to your payroll secretary at the end of every week. At regional enrichment centers and Health and Hospitals Corporation sites, the supervisor on duty will sign your time sheet.

Leaves and absences

Certain COVID-19-related absences are not taken from your sick bank. Additionally, if you need to care for a sick family member or a child whose school has been closed, you may use your sick days, and if you exhaust those, you may borrow up to 30 days and go on an extended grace period. During a grace period, school nurses will have each work day deducted but will receive pay for weekends and holidays and remain on payroll to maintain health benefits. If you cannot return to work after your grace period, you will still remain on payroll but without pay. A special timekeeping code was created to keep employees on payroll through June. Supervisors will have a right to request documentation at some point.

Our title may ordinarily borrow up to 10 days, and there is no provision for a grace period in our contract. But these are extraordinary times, so these additional measures have been negotiated.

Retroactive to April 1, if you have a pre-existing medical condition, have the appropriate documentation and are considered at risk, you can stay out without using CAR days after contacting Nursing Director Gail Adman, your supervisor and your timekeeper for approval.

For more information, see the coronavirus absences page on the UFT website.

Representation at disciplinary meetings

If you are contacted by your supervisor and called to a meeting which could result in a disciplinary action, please fill out the UFT’s staff nurses intake form . A representative will contact you to provide representation.

Uniforms

If you were assigned to work in a Health and Hospitals Corporation facility and had to purchase a uniform, please contact me at CBennett@uft.org so that we can discuss further.