Central Administrative and Managerial Employees

Annual and Sick Leave for Central Administrative Employees hired on or prior to June 30, 2004

Please note: These leaves are for administrative employees in titles represented by DC-37 and CWA hired on or prior to June 30, 2004.

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Annual Leave
Sick Leave


Annual Leave

Employees earn an annual leave allowance, which may be used for vacation, personal business or purposes of religious observance.


Monthly Accrual
The annual leave allowance for annual and hourly employees will be computed on the following basis, unless otherwise specified by a collective bargaining agreements and Regulations of the Chancellor: 


ANNUAL EMPLOYEES

ANNUAL ALLOWANCE

(# of work days)

MONTHLY ACCRUAL

D

H

M

I.

Employees beginning employment before October 1, 1976

a. From beginning of first year to completion of seventh year

20

1

4

40

b. From beginning of eighth year to completion of fourteenth year

25

2

0

35

c. From beginning of fifteenth year

27

2

1

45

 

II.

Employees beginning employment October 1, 1976 through June 30, 1978 (reverted on July 1, 1978 to 20 work days -1D/4H/40M)

15

1

1

45

 

III.

Employees beginning employment July 1, 19851

a. From beginning of first year

10

0

5

50

b. From beginning of second year to completion of third year

13

1

0

35

c. From beginning of the fourth year to completion of fourth year

15

1

1

45

d. From beginning of the fifth year to completion of the seventh year

20

1

4

40

e. From beginning of eighth year to completion of the fourteenth year

25

2

0

35

f. From beginning of the fifteenth year

27

2

1

45

 

IV.

Employees beginning employment July, 1 1991

a. From beginning of first year to completion of fourth year

15

1

1

45

b. From beginning of fifth year to completion of seventh year

20

1

4

40

c. From beginning of eighth year to completion of fourteenth year

25

2

0

35

d. From beginning of fifteenth year

27

2

1

45

Accrual of annual leave hours is based on the number of years of service and total number of hours worked each week.

Please note: Hourly employees must be in full pay status for at least 7.5 hours per week to be eligible to accrue time for that week, otherwise weekly hours worked are not counted toward accruals.


Hourly Employees
       

Effective July 1, 1990:

Beginning of first year

1 hour accrued for every 27 hours worked

Beginning of second year

1 hour accrued for every 22 hours worked

Beginning of fourth year

1 hour accrued for every 21 hours worked

Beginning of fifth year

1 hour accrued for every 15 hours worked

 

 

 

 

 

 

 

 

 

 Effective July 1, 1991:

Beginning of first year

1 hour accrued for every 15 hours worked

Beginning of fifth year

1 hour accrued for every 11 hours worked

           

 

 

 

Upon working as a full-time hourly for three (3) consecutive years an continuing to work full time, the employee is eligible to earn time as an annual employee. Hourly employees, in full pay status, will accrue time on a monthly basis, beginning with fifteen (15) days per year, up to the maximum prorated amount of twenty (20) annual leave days per year.

However, no hourly employee shall earn more annual leave than an annual employee in the same or equivalent title would earn on an annual basis. Under no circumstances are hourly employees eligible to receive paid holidays.

 
Prior Service
Prior service with the Department of Education or with another New York City public agency, or both, will be credited in the calculation of total service for annual leave purposes under the following circumstances:

  • The employee is a permanent employee and is subsequently reinstated or reappointed within one (1) year to a permanent position with the Department of Education;
  • The employee is a permanent employee whose service was terminated without fault or delinquency on his/her part because of abolition of his/her position and is subsequently reappointed to a permanent position with the Department of Education, regardless of the length of time between periods of service;
  • The employee has prior service in the capacity of a provisional employee in the Department of Education and there has been no break in service of thirty-one (31) calendar days or more;
  • The employee has prior service in the capacity of a permanent or provisional employee in a New York City public agency and there has been no break in service of thirty-one (31) calendar days or more.

Prior service will not be calculated in the computation of total service for annual leave purposes if the service was with an agency of the State or Federal government 


Transfers
Upon transfer of a permanent employee, or appointment of an employee who has continuous service in another New York City public agency from an eligible list, or to a non-competitive position, annual leave balances up to the maximum of two (2) years accrued (unless otherwise stipulated in any collective bargaining agreement or otherwise authorized) will be transferred with the employee upon submission of an appropriate substantiating statement to the Division of Human Resources, such statement to be certified by the Division of Human Resources.

Please note: Continuous service is defined as service which has not been interrupted by a break of thirty-one (31) calendar days or more, unless otherwise stipulated by law or collective bargaining agreement.


Annual Leave Credits
Annual leave will be credited for time served while on full pay status. Annual leave may also be granted for the first year of a military leave of absence and for the first six (6) months of absence while receiving Workers’ Compensation. Employees serving in the military reserves are allowed up to thirty (30) calendar days in a calendar year with pay to serve in the reserves, without charge to their annual leave balance.

Annual leave credits are earned during a calendar month, and the computation date will be the firs day of the following month. In order to be credited with annual leave in any month, the employee must be on full pay status for at least fifteen (15) calendar days in the month.


Deductions and Vacation
Deductions for time used during a month will be made on the first day of the following month.

The vacation year begins on May 1 and ends on April 30 of the following year. At the end of each vacation year, the annual leave balance may not exceed two (2) years’ leave accrual. Annual leave exceeding two (2) years’ accrual will be transferred from the annual leave balance to the sick leave balance, unless a written request for permission to carry over such credit and a plan for use of this carried over annual leave in the following vacation year has been approved by the appropriate office head. Information as to all accumulated leave balances (sick leave, annual leave, military leave, and compensatory time) will be given to each employee in writing at least once a year. If the information has been given more frequently, such practice will be continued.

Earned annual leave allowance should be taken at a time convenient to the employee’s department and only upon the express written permission of the office head or his/her authorized representative.

The normal unit of charge against annual leave allowance for vacation and personal business is one hour; however, if prior permission is granted by the bureau head or his/her authorized representative, time lost shall be on a minute for minute basis. Smaller units of charge are authorized for time lost due to tardiness and religious observance.

If an employee has exhausted his/her earned annual leave balance, absences of one-half day or more will result in a payroll deduction, unless the office head grants permission for such absence, to a maximum of ten (10) days to be charged against future earned annual leave.

Permanent, provisional, and hourly employees may not be permitted to use annual leave allowances for other than religious holidays until they have completed four (4) months of service, except by permission of the Executive Director.

Employees whose employment is temporary and limited to all or parts of the months of June, July, August, or September, and who are designated as summer employees or summer replacements are excluded from these annual leave benefits.
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Sick Leave

Sick leave is to be used only for personal illness of the employee, or in accordance with applicable collective bargaining agreements or law.


Annual Employees

Employees hired prior to July 15, 1996

Beginning of first year

12 sick days per annum (unless otherwise specified in a collective bargaining agreement)


Employees hired effective July 15, 1996 through March 31, 20002
             

Beginning of first year

11 sick days per annum (6 hours, 25 minutes per month)

Beginning of fourth year

12 sick days per annum

(unless otherwise specified in a collective bargaining agreement)

 

Employees hired effective April 1, 2000 – Present

Beginning of first year

12 sick days per annum

(unless otherwise specified in a collective bargaining agreement)

Time recorded on the payroll at the full salary, full period of military service, and the first six (6) months of absence while receiving Workers’ Compensation payments will be considered as time served by the employee for the purpose of earning sick leave credits.


Hourly Employees
Accrual of sick leave hours is based on the total number of hours worked each week. Hourly employees must be in full pay status for at least 71/2 hours per week to be eligible to accrue time for that week, otherwise their hours worked are not counted toward sick leave accruals.

Hourly employees who work thirty-five (35) hours per week for three (3) or more consecutive years in continuous service will accrue such leave time after the third year as if they were annual employees. For purposes of this section, continuous service is defined as working with no more than a two (2) week break in service.

  • Employees hired prior to July 14, 1996 and after April 1, 2000, who work half time or more, will be credited with a sick leave allowance with pay of one (1) hour for each twenty (20) hours of service with pay.
  • Employees hired during the period of July 16, 1996 through March 31, 2000, who work half time or more, will be credited with a sick leave allowance with pay of one (1) hour per each twenty-two (22) hours of service with pay for the first three (3) years of service Please note: This provision expires April 1, 2000. Therefore effective April 1, 2000, employees hired during the period July15, 1996 through March 31, 2000, will be credited with a sick leave allowance with pay of one (1) hour for every twenty (20) hours of service with pay, unless applicable collective bargaining agreement provides for a January 1, 2000 effective date.

However, no hourly employee will earn more sick leave than an annual employee in the same or equivalent title would earn on an annual basis.


Sick Leave Credits
Sick leave credits are earned and recorded monthly on the record of each employee. This record will include all sick leave which has been earned up to that time. The accumulation of sick leave is unlimited.

Sick leave credits are earned during a calendar month, with the computation date being the first day of the following month. In order to be credited with sick leave in any month, the employee must be on full pay status for at least fifteen (15) calendar days in the month.


Transfers and Reappointments
Upon transfer of a permanent employee, or appointment of an employee who has continuous service in a New York City public agency from an eligible list or to a noncompetitive position, the sick leave balance will be transferred with the employee upon submission of an appropriate substantiating statement to the Division of Human Resources. Such statements will be certified by the Division of Human Resources

Please note: Continuous service is defined as service that has not been interrupted by a break of thirty-one (31) calendar days or more.

An employee who is reappointed from a Civil Service list within thirty-one (31) calendar days of the termination of his/her services, and an employee who is reappointed from a preferred list, regardless of the time between separation and reappointment, will be credited with earned, unused sick leave balances resulting from the previous period of service.

Upon reinstatement of an employee to a permanent position, the unused sick leave balance at the time of resignation or layoff will be restored to the employee’s credit.


Provisional and Temporary Employees
Provisional and temporary employees are entitled to sick leave privileges and will be subject to the same restrictions as permanent employees, except that they are required to submit physician’s certificates for any sick leave used during their first three (3) months of employment.


Sick Leave Absence
An employee is responsible for immediately notifying his/her supervisor of an absence, stating the cause and probable duration of such absence and his/her exact location. In the case of an illness exceeding five (5) working days, a report on the progress of the illness, by mail or by telephone, to the office head at weekly intervals thereafter, should be made by the employee or by someone on behalf of the employee.

To request that absences be charged to the sick leave allowance, the employee is required to submit the appropriate application to the office head or supervisor

Submission of a physician’s certificate in the prescribed form with the application will be waived for self-treated absence up to and including three (3) consecutive workdays. The office head is authorized to approve such applications, but if there is substantial evidence of abuse of this privilege, the supervisor may request medical documentation to substantiate the illness.

In a six (6) month period, applications for excuse of absence due to self-treated illness will be approved for a maximum of six (6) days of absence

If an employee is absent and required to submit a physician’s certificate due to illness, he/she must submit a physician’s certificate within three (3) days after returning to duty. The certificate should be in the form of a letter on the physicians’ stationery with a signature or stamp and should include the following information:

  • The specific nature of the illness and the condition of the employee adequate to justify the absence:
    If the physician decides that the diagnosis and medical data should not be directed to lay officials of the Department of Education, he/she may submit this medical information to the Medical Director of the Department of Education. The physician should indicate on the certificate that this action was taken.
  • Dates:
    The dates during which the employee was under the physician’s care and the dates on which he/she was seen and treated by the physician
  • Hospitalization:
    If the employee was hospitalized, the physician should indicate the dates of hospitalization and the name of the hospital.

A physician’s certificate signed/stamped by an optometrist, ophthalmologist, osteopath, podiatrist or an x-ray or laboratory technician is acceptable. Absence certificates signed by an optometrist are acceptable for a maximum of one-half day of absence only.

Office heads or supervisors are authorized to approve such requests, where the employee has sufficient time balances to cover the absence and where no additional time is requested. Exceptional cases and appeals from decisions of the office head will be forwarded to the Chief Executive (or designee) of the Division of Human Resources who will render a ruling on it.


Physicians’ Certificates
Physicians’ certificates for the following types of absences are to be submitted to the office head or supervisor for review. If the office head or supervisor deems it necessary the certificate(s) may be forwarded with a recommendation, to the Division of Human Resources, for referral to the medical staff. The medical staff will review such cases and approve the absence or indicate its recommendations under the following circumstances:

  • Absences of more than thirty-one (31) calendar days, regardless of the amount of time balance to the employee’s credit. In cases of protracted disability, such certificates are to be presented to the Division of Human Resources at the end of each month of continued absence.
  • Advances of time allowance for sick leave purposes, pursuant to section 5.13 where employees have exhausted all time allowances, without regard to duration of absence.
  • Leaves of absence without pay for health reasons in excess of thirty-one (31) calendar days
  • Leaves of absence with pay for health reasons, regardless of duration.

The head of the office, executive director, director, superintendent, or supervisor may delegate authority to review and approve such certificates to a deputy or other principal assistant. Timekeepers will not be assigned this responsibility.


Absence Exceeding Sick Leave Time
When an absence due to illness exceeds the earned sick leave time, the additional time is to be charged as absence against accrued annual leave.

Permanent employees who have exhausted all earned sick leave and annual leave balances due to personal illness and who have maintained a satisfactory rating, may, at the discretion of the Chief Executive (or designee), Division or Human Resources be permitted to use unearned sick leave allowance up to the amount earnable in one year of service, chargeable against future earned sick leave.

All requests submitted under this section must contain prominently indicated thereon, the fact that the absence, or pert of it, is to be charged against an advance of sick leave allowance. Employees must state in their request to the Chief Executive (or designee), Division of Human Resources, their awareness that, upon their return, the Department of Education will recoup the employee’s time as sick time is accrued. The office head will secure the timekeeper’s verification of the attendance data recorded on the request, and forward the  request with his/her approval or disapproval indicated thereon to the Chief Executive (or designee), Division of Human Resources.


Sick Leave with Pay
Permanent employees having ten (10) years of continuous service in a New York city public agency may, at the discretion of the Chief Executive (or designee), Division of Human Resources, be granted sick leave with pay for three (3) month after all credits have been used. In special instances, sick leave with pay may be further extended for one (1) additional three (3) month period with the approval of the Chief Executive (or designee), Division of Human Resources. Sick leave with pay is granted for a maximum of six (6) months, regardless of years of service after ten (10) year period.

The Chief Executive (or designee), Division of Human Resources will be guided in this matter by the nature and extent of illness and the length and character of service. The Division of Human Resources may request and receive such medical information and recommendations as it deems necessary to properly exercise its discretion.


Other Types of Leaves
Any employee who is on leave without pay for any reason other than illness may not have any portion of this time charged against sick leave allowance.


Health Insurance Coverage
Health insurance coverage under the choice of plans provided to the employees will continue while the employee is in pay status. Employees on Workers’ Compensation, maternity leave, or an authorized sick leave without pay, may be eligible for up to four (4) months of extended health coverage under Special Leave of Absence Coverage (SLOAC) after going off pay status.


Examination by the Medical Administration Office
If the time record and/or performance of an employee indicate the need for a medical examination and/or consultation with the medical staff, it is within the superintendent’s, executive director’s, or director’s discretion to have the employee report to the Medical Administration office for such an examination. The Chief Executive of the Division of Human Resources (or designee) upon request or independently is empowered to have an employee who reports ill visited by a member of the Medical Administration office of the Department of Education.


Recovery of Health Location
Except with the approval of the Chancellor or designee(s), employees who are absent from duty due to illness may not go to places remote from their residences for recovery of health, treatment of illness, or other purposes affecting their mental or physical well-being, without submitting a physician’s certificate satisfactory to the Medical Director of the Department of Education.


Sick Leave during Scheduled Vacation
An employee who is ill during his/her regularly scheduled vacation may not have such absence charged to sick leave allowance, except as otherwise provided in collective bargaining agreements. This absence will be deducted from the employee’s annual leave balance, just as schedule vacation would be. In cases of extended absence due to sudden serious personal illness, however, this rule may be waived, subject to the following provisions:

  • If the employee was hospitalized, the entire period of illness may be charged against the sick leave balance.
  • If there was no hospitalization, the first week of illness remains as scheduled vacation to be deducted from annual leave allowance, and the remainder of the illness may be charged against the sick leave allowance.
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1 The following titles, beginning July 1, 1985, are covered under No. I: Nurses, Therapists, Original Jurisdiction and Managerial titles, in addition to employees with continuous service in a NYC public agency.

2 This provision expired April 1, 2000. Therefore, effective April 1, 2000, employees hired during the period July 15, 1996 through March 31, 2000 shall accrue twelve (12) sick leave days per annum (unless the applicable collective bargaining agreement provides for a January 1, 2000 effective date)