There is no specific number of absences that is automatically considered excessive. According to an arbitration award, facts and circumstances that must be considered include, but are not limited to, the employee’s attendance and work history including the number of CAR days and the number of years of service, whether the absences were due to unusual circumstances, whether the absences are likely to recur, whether there is a pattern of absences, whether a serious illness is involved and the adverse impact of the absences on the school and its students.
If you are excessively absent or late, you may receive a letter for your official file.
If you are tenured, the DOE has the right, with sufficient notice, to file disciplinary charges against you under section 3020-a of the State Education Law. There is a special, expedited procedure for DOE discipline of a tenured teacher because of time and attendance issues. The hearing officer cannot terminate you, but can levy penalties. It is critical that you contact your UFT borough office as soon as you are charged so that the UFT can properly assist and represent you. We will help you file the necessary forms and arrange, if you choose, to have a NYSUT attorney represent you at the hearing.
If you are not tenured, you may be subject to termination (discontinuance of your probationary service). Contact your chapter leader as soon as you are charged so so that the UFT can properly advise and represent you.