The STA officers have organized the information below to help you make decisions in this very difficult time. We are not lawyers so the document below cannot substitute for legal advice. However, we have consulted with our NYSUT LRS and are trying to present to you the best information possible.

No two situations are the same, and the type of accommodation will vary from case to case. We have tried to organize this guide to help you find the best options for your needs.

Start by answering the question, “What do I need?”

Work with accommodation
(such as additional PPE or telework)

Extended leave
(you cannot teach because of current conditions)

(FFCRA) Childcare for children under 18 during the pandemic
Contractual Leave
(FMLA) Leave due to a medical condition
I am sick with Covid or someone I care for is sick with Covid

Intermittent leave
(regular childcare gaps during the week)

FFCRA (Childcare for children under 18 during the pandemic)

Family First Coronavirus Response Act

Childcare for children under 18 during the pandemic
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 .
  • FFCRA runs concurrently with FMLA leaves. Meaning that in a 12 month period, you have access to 12 weeks of time TOTAL between these two benefits.Therefore, if you have taken an FMLA leave (such as a maternity leave) in the past 12 months or if you intend to take an FMLA leave within the next 12 months, taking FFCRA time might impact your ability to take FMLA leave and vice versa.
  • 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.)

Articles 27, 28, 29, 31

Contractual Leave
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.)

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.

Contract Articles 27, 28, 29, & 31

Relevant Excerpts from the 2020-21 Contract
  • Article 27-Absences and Leaves ‑ Absence for Personal Illness +

    No salary deduction will be made for absences due to personal illness for the number of sick days accumulated by a teacher, nurse, occupational or physical therapist in accordance with the following provisions of the sick leave policy:

              3.  The sick leave to which a teacher is entitled is the total number of accumulated     days minus those days used by the teacher during his or her employment by the Board.

             4.  Proof of illness shall be certified as follows:

    a. For illnesses of one (1) through five (5) consecutive school days, the teacher shall certify his or her own illness in writing to the building Principal upon the teacher's return to school. However, where the building Principal has reason to believe that a teacher has shown an apparent pattern of abusing the benefits of this Article, the Principal shall inform the teacher that he or she believes that a pattern exists, and that a statement from a physician may be required as proof of illness following the teacher's next absence which falls within the pattern.

    b. For illnesses of six (6) through twenty (20) consecutive school days, the teacher shall, upon his or her return to school, furnish the building Principal with a certificate from a physician.

    c. For any succeeding period of twenty (20) consecutive school days of further illness, the teacher shall furnish the building Principal with a further physician's certificate.

     

    Commencing September 1, 2020, disability leaves for pregnancy, like all disability leaves, will only be taken during the period of time when the unit member is actually disabled from working.


  • Article 28-Absences and Leaves of Absence for Personal Purposes +


    Personal absence may be authorized by the Assistant Superintendent for Personnel & Administrative Services normally with pay not to exceed ten (10) days in any school year for the following purposes:

     

    Immediate Family Situations*

    Death in the immediate family

    Illness in the immediate family

    Birth in the immediate family

    Wedding in the immediate family

    Moving household

    Graduation of a spouse or child

    Medical appointment that cannot be scheduled at another time   

    Special Event or Emergency

     

    *"Immediate Family" for the purposes of this Article shall include spouse, domestic partner, children, mother, father, mother‑in‑law, father‑in‑law, sister, brother, sister‑in‑law, brother‑in‑law and grandparents.

     

      Death of Persons Not in the Immediate Family

      Two (2) of the ten (10) days may be authorized in the event of death of other relatives or friends.

     

             Legal Matters

             Court appearance

             House transaction

             Directed meeting with IRS or any other government taxing authority

             Final settlement of an estate

             Adoption of a child

             Other legal matter

             Religious Holiday

             Other Compelling Personal Emergency

             A. In certain instances, as determined by the Assistant Superintendent for Human Resources and Leadership Development, personal absence may be approved for such purposes without a deduction in salary.

             B. Personal absence shall not be granted for the instructional day immediately preceding or following any holiday or vacation day listed in the school year calendar, except for reasons of illness, birth, death, compelling legal matter, religious holiday, or emergency in the immediate family of the teacher.  Additional provision for such absence is made in the Board's Rules and Regulations.

             C. The staff member shall submit to his or her building Principal or other appropriate administrator written application for the Superintendent's approval of personal absence days not less than five (5) days in advance of the requested occurrence, except for emergency circumstances, which necessitate a lesser prior period of application.

  • Article 29-Leaves of Absence ‑ Without Pay +


             A.  A tenured teacher or nurse, physical therapist or occupational therapist with permanent status according to Civil Service Rules & Regulations who has completed three (3) consecutive years of service in Scarsdale immediately preceding a requested leave of absence may apply to the Superintendent of Schools for a leave of absence without pay for a period not to exceed two (2) years. Staff members on such leave shall not be eligible to return to the District until the September next following the expiration of such leave, or until such earlier date, including midyear, as may be authorized by the Superintendent and approved by the Board within its sole discretion.  Except when, in the judgment of the Superintendent, which judgment shall be final and binding, unusual circumstances bring about the need and request for a leave at a later date, application shall be made in writing no later than one‑hundred and twenty (120) days preceding the commencement of such leave of absence and action on applications shall be taken by the Board with the recommendation of the Superintendent.  Staff members must declare their intentions in writing regarding returning to active service in the District following their leave of absence no later than ninety (90) days prior to the expiration of such leave.  The positions of staff members failing to declare their intentions in writing ninety (90) days prior to the expiration of such leave shall be deemed abandoned. Staff members on leave of absence without pay will not accrue any salary increment or sick leave days and the Board will not pay any premium for health insurance or life insurance coverage.  This provision may be varied if required by the Family and Medical Leave Act (FMLA), provided, however, that any greater benefits provided by the terms of this Agreement shall in no way be diminished.

     

             B.  Leaves for purposes of this Article shall be of eleven (11) consecutive school days or more in duration.  Any requests for absences without pay for periods of ten (10) school days or less shall be made pursuant to the Rules and Regulations of the Board.

  • Article 31-Child‑Care Leave +


             A.  Tenured teachers, or nurse, or occupational therapist with permanent status according to Civil Service Rules & Regulations may apply to the Superintendent or his designee for a child‑care leave of absence without pay for a period not to exceed two (2) years, except that tenured teachers, nurses, or occupational therapists who become pregnant during an authorized child‑care leave may apply for an extension of that leave for an additional period not to exceed two (2) years.  Staff members on child‑care leave shall not be eligible to return to the District until the September next following the expiration of such leave, or until such earlier date, including midyear, as may be authorized by the Superintendent or his designee and approved by the Board within its sole discretion.  Except where unusual circumstances, in the judgment of the Superintendent or his designee, which judgment shall be final and binding, bring about the need and request for leave at a later date, application shall be made in writing no later than ninety (90) days prior to the requested commencement of such leave.  Staff members on child‑care leave will not accrue any salary increment or personal absence days and the Board of Education will not pay any premiums for health insurance or life insurance coverage.

             C.  This provision may be varied if required by the Family and Medical Leave Act (FMLA), provided, however, that any greater benefits provided by the terms of this Agreement shall in no way be diminished.

             D.  Non-tenured teachers shall not be eligible for child care leaves except as provided pursuant to the Family and Medical Leave Act (FMLA).

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FMLA

Leave under the Family Medical Leave Act
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.

Reasonable Accommodations

Accommodations under the ADA
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.

Accommodation Denials

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.

Click each question to expand the answer:

  • If my request for a leave is denied, should I ask for a denial letter for my appeal? +

    We recommend requesting the letter because at the heart of an accommodation is a conversation between an employee and the employer. If the employee requests a written letter explaining why the request was denied it helps the conversation. If the District refuses to provide the letter, perhaps it is an indication that they do not want to engage in a dialogue about the accommodation request.
  • Do I report to work during the appeal process? +

    This is a complicated question and it really depends. If the teacher states to the District that they will not report to work in the building they risk the District asserting that the member is insubordinate if they do not show up and that they will seek discipline. Notwithstanding, it may be worth asserting this position at first to see if the District will move to resolve the matter. But if the District does not settle the issue and the member refuses to go to work, the issue may need to be resolved through a 3020a hearing. Tenured members have 3020a protections, so it will likely be an issue to resolve at a tenure hearing as to whether the employee’s conduct in these circumstances was insubordinate. This is a new fact pattern because we never had a pandemic so there is no way to predict how a case like this would end. But the specific facts will matter. For example, if the member has a condition that is recognized as a high risk for Covid, provided the documentation to the District, and the District has remote work, perhaps the EEOC and an arbitrator, if at a 3020a, would conclude that the District could not discipline them. But unfortunately, we do not know. I know that the STA and NYSUT will defend this member.
  • Do you know how long it would take the EEOC to appeal the decision? +

    Unfortunately no. We do not know how long, in these times, the EEOC will take to process a charge.
  • Does the district have a legal obligation to send a denial letter in a timely manner? +

    We do not believe there is a legal requirement for a letter. However, we recommend requesting in an email to please provide the District’s reasons for denying your accommodation request to work at home and to kindly provide the response within three business days.
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Quarantine Rights

Pursuant to NYS Law
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