Skip to main content
Full Menu Close Menu

Frequently Asked Questions

You can search the FAQs on our website by keyword or category above. 

A list of the most commonly asked questions.

What factors determine who gets excessed in a school?

If the school’s budget or a drop in enrollment requires a reduction in staff, the principal decides which license area(s) to reduce positions in. Excessing in those licenses is done in inverse seniority order; that is, the person with the least seniority in that license (based on total citywide seniority) is declared in excess.

What is excessing? What is the difference between excessing and layoffs?

Excessing is the process of reducing staff in a particular school when there is a reduction in the number of available positions in a title or license area. There are times when a school reduces the size of its faculty, such as when it experiences an unexpected drop in student enrollment, loses a budget line or pursuant to state or federal law, is being closed, or phased out. Notification of the risk of excessing usually occurs in June in preparation for the next school year. According to the UFT/DOE contract, you must be informed in writing by June 15 if you will be in excess for the next school year, but it is still possible to be excessed after that date due to changes in enrollment or the budget. In contrast, the term “layoff” refers to a firing when the total workforce must be reduced or there are not enough positions in the city school system in the right license areas for the people employed.

When can I file a grievance?

In most cases, a grievance must be filed within 30 school days from the time you have knowledge of the act or condition that violates the contract. However, in certain types of grievances, the time limits are shorter. For example, all reorganization grievances must be filed within two school [work] days of your knowledge of or receipt of your assignment. Most per session grievances must also be filed within two school days. Grievances involving salary issues can be filed within three months of knowledge of the salary problem.

What types of leaves are available?

The most frequently requested leaves are:

  • Paid parental leave: Eligible UFT-represented DOE employees may take up to six weeks of paid leave following the birth, adoption or foster care placement of a child. The 2023 contract agreement includes an important benefit change. If both parents are eligible UFT members, both parents can now receive up to six weeks of paid parental leave each, which can be taken consecutively, at the same time or in any combination. Prior to the agreement, the parents were entitled to a collective total of only six weeks. If you have questions about how this change impacts your situation, please speak to a Leave Representative at 212-331-6316. Family Medical Leave Act (FMLA): Regularly appointed employees and regular substitutes may apply for a contractual leave which may be covered under the federal Family Medical Leave Act (FMLA). The FMLA provides up to 12 weeks of health benefits, commencing with the first consecutive absence, during maternity leave (even if CAR days have been exhausted) and childcare leave. All other FMLA leaves are unpaid, such as care of a child under age 1, adoption, the start of foster care, caring for an ill family member or treating a serious personal 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 months need not be consecutive) or for 1,250 hours over the previous 12 months. The leave can be intermittent or involve reducing your work schedule, such as if you need to go for medical treatments.
  • Leave of absence without pay for restoration of health: Medical circumstances could lead you to apply for a leave of absence without pay for restoration of health. Once you have exhausted your sick bank, you may borrow days (optional). Pedagogues may then remain on payroll for a calendar month with prorated pay by choosing to take a grace period.
  • Contact the UFT Welfare Fund about disability payments if you are going to be off payroll for a significant amount of time. You must apply for the leave on SOLAS and submit medical documentation provided by your doctor, including a diagnosis and prognosis. If your application for a medical leave is denied, medical arbitration may be appropriate. Please call your UFT Borough Office for assistance.
  • Child care leave: Child care leave may be used by either parent but not both. This leave normally begins six weeks after the birth of the baby (but may begin eight weeks after for C- section births) and can last up to four years from the next September term following the baby’s birthday. A child care leave for an adoptive parent ends at the same time.

There are additional leaves without pay that an appointed pedagogue may be granted, such as for teaching at CUNY or SUNY, military leave, service in the Peace Corps, sabbatical leave or acceptance of a supervisory or teaching position in a foreign country. Please call your UFT Borough Office to discuss other types of leaves that may fit your particular situation.

Can I use a sabbatical leave to pursue independent study?

Eligible teachers with 14 years of service can apply for a one-year Educational Research Project sabbatical. The research project has to be in the field of education and job-related. The project must be significantly rigorous and must have evident links that translate into improved instructional delivery of content to students. An outline and the subject of the research including the activities that will be undertaken will have to be attached to the sabbatical application.

Elementary school teachers must include courses or complete a project that promotes growth in a range of potential assignments, except where the superintendent determines that a concentrated program of study or project is appropriate. Programs or projects devoted exclusively to literacy are acceptable for all elementary school teachers. See the UFT's main page on sabbaticals for more information. 

Can I take an unpaid leave of absence to take care of a sick family member?
Yes. If eligible, you can apply for up to 12 weeks of unpaid FMLA leave to care for a sick family member with a physician’s statement. If you haven’t already used 3 personal days, you may use them now but you may not use any other CAR days. If you require additional time, you may take up to a year of unpaid leave to care for a sick/injured family member.
What is the difference between a Family Medical Leave Act (FLMLA) leave and a contractual DOE leave? Do I have to apply for both?
The FMLA applies to all employees who have worked for 12 months or 1,250 hours. The FMLA and UFT-bargained leaves run concurrently, so you only apply for the contractual leave.
I am in the army reserve and have just been told to report for duty. How do I notify the DOE?
Send an email to your principal, cc your payroll secretary and chapter leader and apply for a military leave on SOLAS.
What are the class size limits for my grade?

Pre-Kindergarten: 18 students with a teacher and a paraprofessional

Kindergarten: 25 students

Grades 1-6 in elementary schools: 32 students by contract

JHS/MS (all grades 4 – 8 or 5 – 9, if are located in a middle school, then middle school class size applies): 33 students in non-Title I schools; 30 in Title I schools.

HS: 34 students; 50 in Physical Education/Gym.

Do I have to join the union? Is membership automatic?

The answer to both these questions is no. The UFT is a democratic union and no one is forced to join. Nevertheless, an amazing 96 percent of all potential members choose to become UFT members. Nor is membership automatic, a frequent misconception. You have to sign up to become a UFT member, but it’s a very simple process. Your chapter leader can give you a UFT membership form or you can enroll online.