What you should know about absences

2008-2009 School Calendar, click here

Understanding the Legal Requirements of the School Calendar, click here

Special Circular #8, Time Clock Procedures, click here

Special Circular #16, Bereavement Policy, click here

Special Circular #65, CAR and Borrowed Days, click here

Excused Leave Breast Cancer and Prostrate Cancer Screening, click here

Precedent-setting attendance and letter-in-file arbitration, click here

Transfering CAR Days Form, click here, Transfering CAR Rules, click here

Appeal to Executive Director (Sick days before a holiday), click here

Arbitration on Use of Borrowed Days, click here

Absence for Marriage, click here

Hardship Transfer Application, click here

Absence Categories and Usages Sick Leave – Accruals/Usage

Annual employees earn one (1) sick leave day for every month in which they are in service at least sixteen (16) calendar days. The maximum number of sick leave days one can earn in a school year is ten (10) — from September to June. Employees who work in the summer earn two (2) additional sick leave days. Employees may use sick leave earned and paid if they meet the following rules:

Self-Treated Absences
School-based pedagogues or supervisors may not use more than ten (10) self treated days in a ten (10) month period. Any days in excess of ten (10) will result in an Absence With Out Pay (AWOP), that is a deduction in pay at 1/300th of your annual salary.

Personal Business Days
Annual employees are entitled to use three (3) sick leave days for personal business during the school year. Please note however, that the three days will be incorporated and categorized as self-treated. That is, if three (3) personal business days are used, then the employee can only use seven (7) self treated days during the school year.

Medically Certified Absences
Medically certified absences are without limit as long as the Cumulative Absence Reserve (CAR) balance permits. Absences exceeding the CAR balance result in a deduction in pay.

Borrowing CAR
If you are an appointed pedagogue or supervisor you may borrow up to twenty (20) days in excess of your CAR. This does not apply to Educational Administrators, Education Officers and Education Analysts, each of whom can borrow upon approval up to twelve (12) days from his/her CAR. After the ten (10) self-treated days are used, all absences have to be medically certified. All requests to borrow days should be in writing with the understanding that those days must be re-paid. The OP198 form is used to borrow days from your Cumulative Absence Reserve (CAR). Regular substitutes may not borrow days. A deduction of pay will result for all regular substitutes if he/she exceeds the days in his/her Cumulative Absence Reserve (CAR) bank.

Religious Observance Days
An employee may use his/her three (3) personal business days or take a daily deduction in his/her salary for each day he/she does not report to work for a religious observance. The deducted amount will equal the amount it cost the Department of Education to hire a per-diem substitute for the day. For full rules on Religious Observance days see Chancellor's Regulation C-606, click here. Also see the Joseph Griffin Decision on Holy Thursday, click here.

Grace Periods
If you are a regularly appointed pedagogue or supervisor, you are entitled to one calendar month (with medical certification) grace period once you have exhausted the days in your CAR. The grace period allows you to remain on payroll while maintaining your health insurance. You will get paid for a portion of the holidays and weekends that fall within the grace period. All workdays are deducted at a rate of 1/300th of your annual salary. The employee is eligible for one grace period per school year. The day after the grace period, the employee must either return to active full-time duty or take a leave of absence without pay for restoration of health. Grace periods are granted only for health restoration and maternity childcare leave. Regular substitute pedagogues are not eligible for grace periods.

Absence due to Children’s Disease

 A teacher who contracts a children’s disease (e.g. measles, mumps, and chicken pox (See Teacher's Contract, Article 16A14) from work in the line of duty receives unlimited days off until the end of the illness. This absence does not affect the teacher’s CAR balance. A form OP407 is required regardless of the number of days of absence.  German measles or pink eye are NOT covered by this provision.

Non-Attendance Days

 A non-attendance day does not affect a teacher’s CAR balance. In most cases, non­attendance can be approved by the principal. However, in some instances (detailed on the back of the application) approval by the superintendent is required. Absence as non­attendance is recorded on the School Record of Teacher Absence, but it is not considered absence for the purposes of rating. Click here for OP 201.

 There are a number of categories that fall under the general heading of non-attendance days.

•  Attendance at a Convention or Conference: The teacher is approved to attend a conference, convention, meeting or training session.  An Application to Attend School Meeting or Convention Outside New York City (OP221) must be completed by the teacher and submitted to the principal for approval or disapproval and signature.

• Court Subpoena: An employee is subpoenaed to appear in court.

Death in Family: A teacher is allowed up to four work days absence for a death in the immediate (grandparent, parent, sibling, spouse, domestic partner, child, grandchild, or parent of a spouse or any relative residing in the employee’s household) family. The fifth and all subsequent days will be deducted from the employee’s CAR. In extenuating circumstances, up to an additional nine days may be permitted. This time off must be approved by the teacher’s district office/organization center. Travel time allows up to five days beyond the four days absence permitted for a death in the immediate family to travel to and from the funeral. Additional travel days must be approved by the district office. Click here for Special Circular #16 Bereavement Policy.

• Funeral: A teacher is allowed one day for the death of someone not in the employee’s immediate family (brother or sister-in-law, son or daughter-in-law, niece, nephew, aunt, uncle, or spouse’s aunt or uncle or grandparent who is not a member of the immediate family as defined above. Time is also granted up to one day for the funeral of a co­worker.

• Graduation: One day is granted for the graduation of a member of the immediate family. Extenuating circumstances may provide an extra travel day for a single graduation if approved by the district office/organization center.

• Jury or Grand Jury Duty, or Jury Duty Qualification: Time is unlimited for the length of the jury duty or jury duty qualification.

• Legislative Hearing: Time is granted for the period required for the hearing on official Department of Education business.

• Line of Duty Injury: A line of duty injury does not affect the individual’s CAR unless it is disapproved. A doctor’s note must be submitted for a line of duty injury and the Medical Department requires documentation and forms. If disapproved, each day of absence will be deducted from the CAR or pay.

• Military Duty: When an employee is called for military service, the first 30 days of service are paid with no deduction from the CAR. (See Extended Rights and Benefits for Military Leave below.)

• Quarantine: If an employee is quarantined, the time needed for the quarantine is granted.

• Requirement of School System: Time is granted upon approval for the period required when an employee is called to central headquarters on official business such as a medical exam or interview.

• School Visits and Meetings in New York City: Up to three school days per school year may be used for observing school activities in other schools or for attending a professional conference.

• Student Suspension: Time is granted for the duration of the meeting to attend a student suspension hearing/meeting.

• Summer Training: Time is granted, usually the last two weeks in June, for two weeks for training. (A summer training memorandum is issued by the Division of Human Resources each year.)

• Transit Delay: This is an approved partial absence due to a failure in some mode of public transportation.