The FFCRA provides up to twelve weeks leave at 2/3rds pay, capped at $200 a day, in order to take care of children because of childcare gaps created by the pandemic. This leave is broadly defined and can be used intermittently. For example: Your child has remote learning on Tuesday and Friday. You can take your FFCRA leave only on Tuesdays and Fridays and allow the 12 weeks (60 work days) of time to stretch longer. Intermittent leave is available now but, the Trump administration may appeal the court’s decision that granted this right.
Additional Information
If you are anticipating the need for some kind of child care leave, under any of the special provisions, please complete this survey as soon as possible so that Drew can understand district staffing needs.
Click I am an employee, and then a public sector employee.
A comprehensive FAQ from the DoL.
Conditions that Apply
- Any full-time or part-time employee that has been on the district payroll for 30 calendar days.
- You are unable to work because you must care for a minor child (under 18,) or an older child with a disability, due to childcare gaps related to the pandemic.
- You have not used 12 weeks of FMLA leave in the past 12 months. Maternity leave would be an example of this.
Only one caregiver per household can apply.
Things to Keep in Mind
- If you are anticipating the need for some kind of child care leave, under any of the special provisions, please complete this survey as soon as possible Drew can understand staffing needs.
- The law expires on December 31st, 2020.
- FFCRA can be taken intermittently to cover gaps in childcare down to an hour increment .
- The law states that you are guaranteed “...the same or equivalent…” position when you return. In other words, you will still have a job, but your position could be moved.
- Your health insurance continues throughout your leave.
- If your child is in school, but that school is in remote learning or in a hybrid schedule, you are still eligible for FFCRA.
- If you are sick, or waiting for test results, do not take FFCRA. Article 27 is better than, or equal to, the FFCRA. The FFCRA is best used for childcare gaps that are a result of the pandemic or if you have exhausted your sick days (which is unlikely for the vast majority of STA members.)
Access to sick time for personal illness is governed by contract language, which is as follows. (To check your balance of sick days, log into your Frontline account and select Absence Management. Then select Absence Reason Balance.)
Additional Information
Conditions that apply:
- Article 27 should be used for paid sick leave for personal illness and cannot be used for the illness of a family member.
- Article 28 can be used for the illness of a family member up to the ten paid days that a member receives each year.
- Article 29 is for year long (and sometimes semester long) leaves of absence that are unpaid. The STA officers are looking into whether the District will waive the filing requirements for these leaves.
- Article 31 is for year long (and sometimes semester long) leaves of absence that are unpaid specifically for child care.
Things to Keep in Mind
- FFCRA, if available, is preferable to Article 29 and 31 for the long term care of a family member because you receive $200 a day or 2/3rds pay, whichever is greater.
The FMLA grants up to twelve weeks of unpaid, job-protected leave for employees with the family or medical situations described below. Group health insurance must continue during this leave. This is a confidential process between you and Drew. You would want a letter from your doctor (physician or psychologist) explaining why you need the leave. This is not unique and doctors know how to proceed. Drew would likely request that you sign a release allowing him to speak with your doctor. It is recommended that you comply with this request. This is a protected activity which Drew is required by law to keep confidential.
Additional Information
A comprehensive FAQ about the FMLA from the DoL
Appeal a claim that has been Rejected. Please refer to the FAQ at the bottom of the page for additional information.
Conditions that apply
- The birth of a child and to care for the newborn child within one year of birth.
- The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement.
- To care for the employee’s spouse, child, or parent who has a serious health condition.
- A serious health condition that makes the employee unable to perform the essential functions of his or her job.
- Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”
Things to Keep in Mind
- If you are expecting a child within the next 12 months, using FMLA before your maternity leave will exhaust your days for this benefit.
- If you are pursuing a personal medical FMLA leave, the district can require that you undergo medical screening prior to returning to work to ensure that you are now able to teach.
- Keep everything factual when talking to Drew. Avoid statements that direct blame.
- Stay away from language that suggests that you cannot teach. This is not the case. Be clear that you are requesting FMLA leave for one of the qualifying reasons listed above. Have your doctor do the hard work. A medical note is an important part of your request.
- Have your doctor do the hard work. A medical note indicating that your condition puts you at risk during the pandemic is an important part of your request.
- Drew will likely request a waiver to speak with your doctor; you should do this in order to have a successful outcome. Drew is legally bound to confidentiality.
- If denied a FMLA request, you should contact the STA first to see if we can resolve it, and if we can’t, you may file a complaint with the Department of Labor. Please refer to the FAQ at the bottom of the page for additional information.
You can “request a reasonable accommodation” under the American Disabilities Act via the district employee HR page. This is a confidential process between you and Drew. You would want a letter from your doctor (physician or psychologist) explaining why you need the accommodation. This is not unique and doctors know how to proceed. Drew would likely request that you sign a release allowing him to speak with your doctor. It is recommended that you comply with this request. This is a protected activity which Drew is required by law to keep confidential.
There are three sources of potential rights for accommodations. The ADA, the State Education Department (SED) and the Department of Health (DOH). If you are not sure which source your right came from, please reach out to a Union representative and we can help.
- ADA created rights àre enforced through the EEOC & the NYS DHR
- SED is possibly enforced through a Commissioner’s Appeal + NYS DOL
- DOH is possibly enforced through the DOL complaint process
Additional Information
Job Accommodations Network's Searchable Online Accommodation Resource (SOAR) system is designed to let users explore various accommodation options for people with disabilities in work and educational settings.
Examples that can Qualify Under the ADA for a Reasonable Accommodation
- Certain pre existing mental health conditions, for example, anxiety disorder, obsessive-compulsive disorder, or post-traumatic stress disorder, that may make it difficult to handle the disruption of daily life during the COVID-19 pandemic.
- Underlying impairment and limitation that, if infected with coronavirus, would lead to serious complication, such as: heart disease, diabetes, lung disease or asthma, a weakened immune system, kidney disease, cirrhosis, etc.
- Age and pregnancy might not qualify, but you should apply anyway if you are concerned for your safety.
Things to Keep in Mind
- Keep everything factual when talking to Drew. Avoid statements that direct blame.
- Stay away from language that suggests that you cannot teach. This is not the case. Be clear that the prevailing conditions of the Pandemic are the reasons you seek an accommodation.
- Have your doctor do the hard work. A medical note is an important part of your request.
- Drew will likely request a waiver to speak with your doctor, you should do this in order to have a successful outcome. Drew is legally bound to confidentiality.
- The district is able to counter a request with another option, as long as it provides a reasonable accommodation.
- The district can require that you undergo medical screening prior to returning to work to ensure that you are now able to teach.
- If you are denied your initial request for an accommodation you should engage in a negotiation with Drew regarding your accommodation. If Drew suggests an alternative accommodation you should respond either accepting that accommodation or explain, preferably with evidence from your doctor, why his suggested accommodation is not appropriate.
- Individuals have a right to appeal to the Equal Opportunities Commission. if you believe the District is discriminating against you because of your disability. Evidence of discrimination may include, but not limited to, refusing to engage in a dialogue about your request for an accommodation, treating similarly situated employees differently, treating you with animus, or ignoring your request. This is not an exhaustive list of what may be unlawful under the ADA, but rather some examples. Please refer to the FAQ at the bottom of the page for additional information.
If your initial ADA request is denied, respond to Drew with explaining why it should be approved. If Drew responds with an accommodation that is different than the one you requested, either accept that accommodation, or respond why you believe the proposed accommodation is not appropriate.
- The District’s refusal to provide an accommodation to teach remotely is not per se unlawful.
- If after engaging in the interactive process described above, you would like a review of your accommodation request you should gather your medical information with supporting physician’s notes, the original text of your accommodation request (to the best of your recollection), and the interactive correspondence between you and Drew regarding your request.
- Once you gather the appropriate documentation, you should email David Wixted and Joe Vaughan, asking them to get in touch with our NYSUT LRS to help review your case.
Additional Information
Appeal a claim to the EEOC that has been Rejected. Please refer to the FAQ at the bottom of the page for additional information.
You are entitled to 14 days paid sick leave while you are on a mandatory or precautionary quarantine. If more time is needed, such as in the case of being sick with COVID 19, you should use your sick days and refer to Article 27.
Additional Information
©
2015 - 2021
Scarsdale Teachers Association