New York City
Department of Education
Rules and Regulations
Governing Non-Pedagogical
Administrative
Employees
Office of Support Services
65 Court Street – Room 504
Brooklyn, New York 11201
Updated January 30, 2004
Table of Contents
Section
Page
Section I - Introduction 3
Section 2 - Personnel Board 4
Section 3 - Working Hours 5
Section 4 – Annual Leave 7
Section 5 – Sick Leave 11
Section 6 – Other Leaves 16
Section 7 – Overtime and Meal Allowance 22
Section 8 – Probationary Period 24
Section 9 – Conduct and Discipline 26
Section 10 – Injuries in the Line of Duty 31
Section 11 – Salaries 32
Section 12 – Interoffice Transfers 32
Section 13 – Appeals 32
Section 14 – Bylaws 32
2
Rules and Regulations
Governing Administrative Employees
SECTION 1-INTRODUCTION
The RULES AND REGULATIONS FOR ADMINISTRATIVE EMPLOYEES have been established
for the conduct, welfare and service of administrative employees of the Department of Education
and are promulgated for the guidance of administrative employees, office heads and supervisors,
including members of the pedagogical staff who supervise administrative employees. A copy of
these rules will be made available to all concerned and all will be expected to be familiar with and to
adhere to them. An "administrative employee" is defined as an employee serving in a classified
civil service title.
For employees covered by any agreement between the Department of Education and a union or by
the Department of Education’s Management Pay Plan (Schedule), Alternate Career and Salary or
other Pay Plans, any provisions of such agreement or pay plan inconsistent with these rules and
regulations must take precedence.
Inquiries concerning these rules and regulations should be addressed to:
Division of Human Resources
Office of Support Services
65 Court Street – Room 504
Brooklyn, New York 11201
(718) 935-2282
SECTION 1
3
SECTION 2 — PERSONNEL BOARD
This section is currently under revision.
SECTION 2 — PERSONNEL BOARD
4
SECTION 3 — WORKING HOURS
3.1 The working hours of all administrative employees, unless otherwise authorized by
collective bargaining agreements, are from 9:00 a.m. to 5:00 p.m., Monday through Friday,
with one (1) hour for lunch daily.
The Department of Education may fix other hours for certain employees pursuant to
budgetary modifications made to effectuate prevailing rate of pay determinations made by
the Comptroller under the Labor Law and the rate-of-pay agreements entered into between
employee representatives and the City. (See Part II of this book for clarification)
At the Chancellor's discretion, a shortened summer workday schedule beginning July 1 and
terminating on Labor Day may be granted to City and Department of Education employees
for whom there are no air conditioned facilities. Employees meeting this criterion must
complete one (1) year of service in order to become eligible for this schedule.
3.2 A division or
office head with the approval of the director, executive director or
superintendent may, for satisfactory reasons, vary the daily working hours of one or more
employees, provided that the total number of working hours is not reduced. To meet
seasonal or emergency conditions, an office head
may require longer service from one or
more employees in which event due time allowance is to be made for the extra service. All
employees are allowed, under the provisions mandated by State Labor Law at least thirty
(30) minutes
for a meal period. An employee who works a shift of more than five (5) hours
must take at least thirty (30) minutes off for a meal period.
3.3 The regula
r holidays with pay for annual and monthly employees are:
New Year’s Day
Martin Luther King, Jr. Day
Lincoln’s Birthday
Washington’s Birthday
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans’ Day
Thanksgiving Day
Christmas Day
NOTE: Election Day has been designated as a “floating holiday”.
If any of these holidays falls on a Sunday, employees normally scheduled to work the
immediately following Monday will be given the Monday off with pay.
If Christmas Day or New Year's Day falls on a Saturday, employees normally scheduled to
work the immediately preceding Friday will be given the Friday off with pay.
If any other holiday falls on a Saturday, the employee is not entitled to the prior day off.
In addition to the regular paid holidays listed above, such days of religious observance for
which the schools are closed and which are designated by the Chancellor as holidays for
employees will be regular paid holidays when falling on regular work days. The offices of
the Department of Education may also be closed in cases of emergency and on any other
days which the Department or the Chancellor may select.
If an employee is absent without pay on the day before or after a day when the offices of
the Department of Education are closed, he/she may be denied pay for such day.
SECTION 3
5
3.4 Each employee must personally record his/her daily time of arrival and departure in the
manner approved by the Division of Human Resources. Under no circumstances may an
employee record the time of other employees. Each office is to be responsible for the
maintenance of its employees' time records.
3.5 Employees are expected to make every effort to report to work despite work stoppages,
snowstorms, power failures, or other conditions of emergency that may make travel to and
from work difficult. This rule will govern even when schools have been closed by the
Chancellor. If schools are closed, employees should be aware that administrative offices
might still be open.
The following regulations apply to absences and lateness during such emergencies:
ABSENCES – No absences shall be excused. Any absence will be charged against
unused annual leave or compensatory time balances upon presentation of written evidence
by the employee that it was physically impossible to report to work.
LATENESS – If employees anticipate a delay in reporting to work locations because of
previously announced or emergency problems, it is expected that they will allow extra time
for travel. Individuals should present claims to the appropriate office head in cases of
hardship, and the office head will render a decision.
The Chancellor is responsible for issuing a directive in cases of emergency.
3.6 Employees should not line up at the time clock in advance of the time they are scheduled to
clock out at the end of the day or at lunch hour.
3.7 Employees covered by collective bargaining agreements working in Central Department of
Educatio
n and district offices are permitted to extend their meal periods an extra twenty
(20) minutes
on paydays in order to transact banking business. This extra time is not to be
taken at any other time or used in any other manner, except by special permission of the
office head. If an employee is absent on the day the paychecks are distributed, he/she is
not entitled to receive the extra time upon return to service.
3.8 Administrative employee
s may be taken off the time clock for any of the following reasons:
The employee has twenty (20) years of service and the approval of the office head;
The employee's title is at the level of Principal Administrative Associate or an
equivalent title or higher, with at least ten (10) years of service, and a history of
exemplary attendance;
The employee is in the Managerial Pay Plan;
The employee has less than twenty (20) years of service but has the recommendation
of the division's Executive Director
.
The division’s Executive Director may opt to remove all or select categories of
employees from the time clock without regard to years of service provided adequate
controls are in place to monitor time and attendance.
An employee off the time clock who is found abusing the privilege may be required to
punch a time clock.
Timesheets must be individually approved by an authorized official.
SECTION 3
6
SECTION 4 – ANNUAL LEAVE
4.1 Employees earn an annual leave allowance, which may be used for vacation, personal
business or purposes of religious observance.
4.2 The annual leave allowance for annual and hourly employees will be computed on the
following basis, unless otherwise specified by collective bargaining agreements and special
circulars issued by 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 throug
h June 30, 1978 (r
everted on July
1, 1978 to 20 work days -1 D 4H 40M)
15 1 1 45
III. Employees beginning employment July 1,
1985
1
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 the 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 the eighth year to comple
tion
of the fourteenth year
25 2 0 35
d. From be
ginning of the fifteenth year 27 2 1 45
IV.
Employees b
eginning 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 beginn
ing of eighth year to comp
letion of
fourteenth year
25 2 0 35
b. From beginning of fifteenth year 27 2 1 45
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.
SECTION 4
1
7
Accrual of annual leave hours is based on the number of years of service AND total
number of hours worked each week.
Hourly employees must be in full pay status for at least 17½ 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 and conti
nuing 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.
4.3 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;
SECTION 4
8
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.
4.4 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.
4.5 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.
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.
4.6
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. See Section 6.8.11
4.7
Annual leave credits are earned during a calendar month, and the computation date will be
the first 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.
4.8
Deductions for time used during a month will be made on the first day of the following
month.
4.9
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.
SECTION 4
9
4.10 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.
4.11 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.
4.12 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.
4.13 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.
4.14 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.
SECTION 4
10
SECTION 5
—
SICK LEAVE
5.1 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, 2000
1
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
Employees hired effective
April 1, 2000 - present
Beginning of first year 12 sick days per annum
(unless otherwise specified
in a collective bargaining
1
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.)
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.
SECTION 5
11
5.2
HOURLY EMPLOYEES
Accrual of si
ck leave hours is based on the total number of hours worked each wee
k.
Hourly employees must be in full pay status for at least 17½ 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 15, 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.
(
Note: This provision expires April 1, 2000. Therefore, effective April 1, 2000,
employees hired during the period July 15, 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 the 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.
5.3 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.
5.4 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.
5.5 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 statement will be certified by the Division of Human Resources.
NOTE: For purposes of this section, continuous service is defined as service that has not been
interrupted by a break of thirty-one (31) calendar days or more.
5.6 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.
SECTION 5
12
5.7 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.
5.8 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.
5.9 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.
5.10 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.
5.10.1 Submission of a physician's certificate in the prescribed form with the application will be
waived for self-treated absence up to and including (3) three 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.
5.10.2 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 (3) three days after returning to duty.
The certificate should be in the form of a letter on the physician’s 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 will be 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.
SECTION 5
13
5.11 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
w
ithout 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.
5.12 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.
5.13 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 of 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 part 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.
5.14 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) months 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 a ten (10) year period.
In exceptional circumstances, permanent employees with less than ten (10) years of New
York City public agency service may make a special request to the Chief Executive of the
Division of Human Resources (or designee) to be granted sick leave with pay as set forth
above.
SECTION 5
14
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.
5.15 An employee who is on a leave without pay for any reason other than illness may not have
any portion of this time charged against sick leave allowance.
5.16 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.
5.17 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
Bureau 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 Bureau of the Department of Education.
5.18 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.
5.19 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 scheduled 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.
SECTION 5
15
SECTION 6 — OTHER LEAVES
6.1 The Division of Human Resources will grant any leave of absence without pay required by
law, such as military leave and leaves under the Family Leave Medical Act (FMLA). Leaves
of absence without pay, other than maternity and childcare leave, may be granted to
permanent employees by approval of the Division of Human Resources for a period not to
exceed one (1) year. Extensions of such leaves may be granted upon recommendation of
the Chief Executive (or designee), Division of Human Resources.
6.2 Each request for leave of absence without pay other than for maternity or childcare is to be
submitted by the office head sufficiently in advance of the commencement of such leave to
allow consideration by the Division of Human Resources; a statement on the application
must indicate the office head's approval or disapproval.
6.3 While on leave of absence without pay for any reason, an employee may not accept any
compensated employment unless specifically authorized by the Chancellor or his/her
designee.
6.4 If an employee is absent for more than thirty (30) days without authorization, and has not
applied for a leave of absence without pay, a leave of absence without pay for a period not
exceeding three (3) months may be approved by the Division of Human Resources. Such
requests may be initiated by the office head in a recommendation to or by the Division of
Human Resources.
6.5 An employee granted a leave of absence with or without pay because of serious illness or
for the purpose of restoration of health, or for other health reasons may, at the discretion of
the office head, be required to submit medical documentation or to undergo evaluation by
the Medical Bureau before reassignment to duty.
6.6 An employee who is a member of the Retirement System in Tier I or Tier II, who is granted
a leave of absence without pay by the Division of Human Resources due to serious illness
and/or for reasons under the Family and Medical Leave Act (FMLA) may, at the time when
requesting either unpaid leave, also apply for permission from the Division of Human
Resources to contribute to the Retirement System for the period of such leave in order to
receive service credit. Upon receiving permission, the employee is responsible for
contacting the proper Retirement System to receive credit, if appropriate. The Division of
Human Resources, in acting upon such request, is guided by the following conditions:
The recommendation of the office head is to be based upon satisfactory
service of the employee during the five (5) years preceding the granting of
leave of absence without pay.
A maximum of one (1) year of credit over the entire period of service is
allowable under this rule. This one year of credit is allowable for twelve (12)
or more years of actual service following regular appointment, and
immediately preceding the granting of such leave. This regulation may be
interpreted to permit partial credit for a period of less than twelve (12) years
of service, prorated, except that a fraction of less than six (6) months of
service will be disregarded and a fraction of six (6) months or more will be
considered as a full year for the purpose of application of this rule.
SECTION 6
16
The number of days of absence without pay (other than formal leaves of
absence without pay) during the five (5) year period of actual service
immediately preceding the effective date of leave of absence will be
subtracted from the number of calendar days of such leave of absence
without pay, to determine the amount of time which may be recommended
for retirement service credit.
6.7 An employee who returns from a leave of absence without pay for any reason may not use
annual leave or sick leave time until he/she has served one (1) calendar month following
the date of return to duty, and such employee may not be restored to the payroll for the
purpose of taking earned annual leave or sick leave.
6.8 Absence of permanent/provisional employees for the reasons indicated below is excusable
without charge to sick leave or annual leave balances, upon submission of the proper
application and supportive documentation to the designated office head. In the normal
processing of these applications, the designated office head may request additional
documentation from the employee. The decision of the designated office head may be
appealed to the Division of Human Resources.
6.8.1
Funerals:
Absen
ce is not to exceed four (4) workdays in the case of death in the immediate family.
The Division of Human Resources may excuse additional absence of one day for
reasonable travel when such absence is necessary because of attendance at the funeral of
a relative in the immediate family at a place remote from the City of New York. The
absence for travel must occur on a working day within either five (5) business days or
seven (7) calendar days, either before or after the funeral, and be supported by appropriate
documentation.
For the purpose of this rule, the term "immediate family" includes a parent, child, brother,
sister, grandparent, grandchild, spouse or parent of a spouse, registered domestic partner or
parent of, or any relative residing in the employee's household. The relationship of the
deceased to the applicant, the date of death, and the date of the funeral is to be shown on
the application.
6.8.2 Absence of not more than one day due to attendance at the funeral of a brother-in-law,
sister-in-law, son-in-law, daughter-in-law, niece, nephew, aunt, uncle of employee, or aunt,
uncle, or grandparent of spouse or registered domestic partner, who is not a member of the
immediate household.
6.8.3 Absence for the purpose of attending, in a representative capacity, the funeral of an
associate employee or other person connected with the department. The approval of the
supervisor or appropriate office head is sufficient documentation for this purpose.
6.8.4
Jury Duty
The e
mployee excused for jury duty is required to endorse the check received for services
rendered as a juror to the New York City Department of Education. If the check is not
endorsed, the amount of money received by the employee from the appropriate
governmental agency for the performance of jury duty, exclusive of reimbursement for
carfare, will be deducted from his/her salary. Employees are granted up to three (3) hours
of excused absence for the purpose of obtaining a postponement, provided they work the
balance of that particular day.
SECTION 6
17
6.8.5 Court attendance
Under subpoena or court order where an employee appears in a case in which neither
he/she nor anyone related to him/her in any way has any financial or personal interest
whatsoever and where the employee's attendance is not required as a result of any other
employment, occupation, or voluntary act on
his/her part; the application to be
accompanied by the subpoena or a statement from employee's supervisor that he/she has
seen such subpoena and must state that neither he/she nor anyone related to him/her in
any way has any financial interest.
6.8.6 Quara
ntine.
Acceptable official evidence promulgated by an appropriate City, State, or Federal agency
must be attached to the application.
6.8.7
Examinations
Attendance at a New York City Civil Service examination, a licensing examination given by
the Department of Education, or for an investigation interview or appointment interview in
connection with such examination. The application must indicate the title of the
examination and the name of the agency conducting the examination.
6.8.8
Attendance at conventions
The Chancellor, or his/her designee, or Community Superintendent, or his/her designee,
must authorize such absence.
6.8.9
Attendance before a legislative body
The absence from duty on the part of any salaried officer or employee of the Department of
Education for the purpose of advocating or opposing any legislative or other measure, or
proposition, affecting the public schools or the public school system, before any official
body having jurisdiction in the matter, is prohibited except by express permission of the
Chancellor or designee, who will concurrently report the granting of such permission to the
Division of Human Resources. Absence for the purpose of obtaining permission in
pursuance of this rule will be considered absence from duty.
6.8.10
Blood donation
Donation to the American Red Cross, or other legitimate organization engaged in this
activity. The time to be excused for this purpose is to be taken at the time of the donation
and consistent with city policy and/or guidelines.
6.8.11
Military or naval duty
Time used for military or naval duty will be excused provided a certificate from the
Commanding Officer is attached to the application. This certificate should indicate that the
duty was actually performed on the specified dates. These absences will be excused
without charge for a period of up to twenty-two (22) working days or thirty (30) calendar
days per year. See Section 4.6
6.8.12
Appearance before an official authority
In connection with the Selective Service Act, provided the notice from the official authority
is attached to the application that includes the date and arrival/departure time.
SECTION 6
18
6.8.13 Graduations
Absence of not more than one (1) day to receive a degree from a college or university or to
attend the graduation of his/her child from a kindergarten/elementary school, intermediate
school, junior high school, high school, or college, or to attend the graduation of his/her
spouse or registered domestic partner from a college or university. The application should
indicate the exact time of day the exercises were held, since absence to attend a
graduation held during working hours only will be excused.
6.8.14 In addition to the above reasons, absence may be excused with pay for such other
legitimate purposes as the Division of Human Resources may, upon presentation of proper
evidence, consider justified.
6.9 Terminal Le
ave:
The Division of Human Resources will grant terminal leave with pay in accordance with
applicable collective bargaining agreements, regulations, or pay plans effective during the
course of employment. Terminal leave is granted in addition to accrued vacation balance
and overtime credits and is computed by one of the following methods:
M
ethod A.
One (1) workday of terminal leave for each two (2) days of unused
sick leave accumulation. The maximum accumulation of sick leave
will be 200 days. Terminal leave computed by this method is not
to exceed 100 workdays.
Method B.
One
(1) calendar month of terminal leave for each twenty-two (22)
days of unused accumulated sick leave. Terminal leave computed
by this method shall not exceed one (1) calendar month for every
ten (10) years of service, prorated at three (3) calendar days per
year of service, or major fraction thereof.
For employe
es with less than ten (10) years of service, terminal leave is computed by
Method A. Employees with ten (10) or more years of service may elect Method A or
Method B.
Employees who were employed by the Department on or before January 1968 and have
completed ten (10) years or more of continuous service at the time of retirement will receive
a minimum of one (1) calendar month of terminal leave without regard to unused sick leave
accumulation.
The application for terminal leave should be sent at least thirty (30) days prior to the date of
retirement to:
Division of Human Resources
Office of Support Services
65 Court Street - Room 504
Brooklyn, New York 11201
SECTION 6
19
6.10 Maternity/Child Care Leave
A leave of absence for the purpose of maternity or childcare shall be granted to an
employee, upon submission of the proper application and medical certification to the office
head. The office head will approve the application and forward it to the Division of Human
Resources.
6.10.1 The employee who plans to take a leave of absence for the purpose of maternity or
childcare should notify the office head of the initial date of the leave sufficiently in advance
of that date to permit arrangements for replacement of the employee during the period of
the leave to be made. Maternity leave is subject to the terms and conditions of laws and
regulations relating to leave with or without pay for personal illness, except as indicated
below.
6.10.2 Maternity leave commences on the date specified in the application and ends six (6) weeks
after the birth of the child or the termination of the pregnancy. Such leave may be
terminated sooner at the request of the employee in accordance with regulations.
6.10.3 The following payments will be made in connection with a maternity leave:
The employee may charge absence during the period of the leave to her
sick leave balance;
After her sick leave balance is exhausted, the employee may charge
absences to her annual leave and compensatory time balances.
6.10.4 Childcare leave will be granted to the natural or adoptive parent upon application. Full-time
employment while on such leave is prohibited. If both parents are employees of the school
system, only one of them may be on a childcare leave at a given time.
6.10.5 For an employee who has completed a maternity leave, after the birth of a child, the
childcare leave commences at the termination of the maternity leave. For any other
employee, it will commence as granted.
6.10.6 Childcare leave terminates four (4) years from the beginning of the maternity leave if such
has been granted. Where no maternity leave has been granted, the childcare leave will
terminate four (4) years after the date of commencement of the leave, or upon the child's
fourth birthday, whichever date occurs first.
Childcare leaves may be terminated at the request of the employee in accordance with
regulations.
Childcare leaves are without pay, except that employees may charge absences at the
commencement of the leave to any compensatory time or annual leave balance.
6.11 Health insurance coverage under the choice of plans provided to the employee will
continue while the employee is in pay status and may be extended to the first four (4)
months of a leave of absence without pay under Special Leave of Absence Coverage
(SLOAC), provided that the ill or pregnant employee has exhausted all paid leave time.
6.12 Workers’ Compensation.
With respect to employees covered by Workers' Compensation Law, upon receipt of an
appropriate application substantiated by copies of the accident report and all statements
submitted in connection therewith, employees may be excused without charge to sick leave
or annual leave balances for the first week’s absence caused by any injury sustained in the
course of employment.
SECTION 6
20
In the event that such an employee is absent for a period longer than one week as a result
of such injury, the employee may have the choice of one (1) of the following two
procedures for the period extending beyond the first week of absence:
Procedure 1
To receive the full amount of his/her weekly salary provided that:
The injured employee or any authorized person acting in his/her behalf
makes the request in writing; and
The injured employee or any authorized person acting in his/her behalf
agrees that any absence is to be charged against his/her sick and/or annual
leave balance, and that such time charged shall be restored to the extent of
any Workers' Compensation Board reimbursement to the Department of
Education; and
The injured employee has the necessary accrued sick leave and/or annual
leave balance or has been advanced credits in accordance with the
applicable regulations, and
The injured employee was not guilty of willful gross disobedience of safety
rules or willful failure to use a safety device, or was not under the influence of
alcohol or narcotics at the time of injury, or did not willfully intend to bring
about injury or death upon him/herself or another; and
The injured employee undergoes such medical examinations as are
requested by the medical staff of the Department of Education and when
found fit for duty by said physicians, returns to his/her employment.
Employees choosing Procedure #1 above will be carried on full pay status and
this time counted for retirement benefits.
Procedure 2
To receive Workers' Compensation benefits in their entirety with no
charge against sick leave and/or annual leave balances.
Employees choosing Procedure #2
who are Tier III/IV members of the retirement
system will not
receive retirement credit for the time during which they are
receiving Workers’ Compensation benefits. By law, such members may receive
retirement credit only for service while being paid on the payroll.
The term Workers' Compensation benefits as u
sed in this section refers to
weekly payments in lieu of salary and not to payment of medical expenses.
NOTE: Any questions concerning Retirement Service Credit in connection with Worker’s
Compensation should be referred to the appropriate retirement system.
SECTION 6
21
SECTION 7— OVERTIME AND MEAL ALLOWANCE
7.1 Overtime, outside of regular office hours as defined in Section 3 Working Hours, is not
permitted without the prior written authorization of the Chancellor, Deputy Chancellor, Chief
Executive, Executive Director, a Regional Superintendent, a Regional Operations Center
Director, or authorized office head or designee. Anyone working overtime without such
approval will not be paid for overtime work, except where required pursuant to the FLSA
(Fair Labor Standards Act).
1
7.2 No overtime credit will a
ccrue for time taken for meals; all such time should be indicated on
the time record and not credited as official business.
7.3 Eligible employees who work overtime in excess of the number of hours in their regular
workweek but less than forty (40) hours are paid at their basic hourly rate for overtime.
Monetary payments shall be made at the rate of one and one-half times the employee's
basic hourly rate for overtime worked in excess of forty (40) hours in the employee's regular
workweek.
7.4 Eligible employees whose regular workweek is shortened under Section 3.1 will be
compensated with cash payment for overtime worked in excess of the number of hours in
the shortened workweek, up to the number of hours in the regular workweek.
7.5 No credit shall be recorded for unauthorized overtime. Credit for all authorized overtime,
beyond the normal work week, shall accrue in units of one-quarter (1/4) hour to the nearest
one-quarter (1/4) hour and, except for an employee covered by the provisions of the Fair
Labor Standards Act (FLSA), who has actually worked in excess of forty (40) hours in said
calendar week, only after one (1) hour.
2
7.6 No individual employee's overtime will be permitted to exceed 5% of the employee’s current
salary without the written authorization of the Chancellor, Deputy Chancellor, or designee.
7.7 Employees for whom cash payment for overtime is not permitted, and for whom the
granting of compensatory time for overtime is permitted, will receive compensatory time on
an hour for hour basis for overtime worked up to a forty (40) hour week and time and one-
half for overtime worked in excess of a forty (40) hour week.
7.8 Compensatory time off shall be scheduled at the discretion of the office head.
Compensatory time must be used within three (3) months of being earned unless a written
request for approval to carry over such credit and a plan for use of this time has been
approved by the appropriate office head.
3
1Compensatory time may not be utilized for represented employees unless explicitly provided for in a collective bargaining
agreement. Division or of fice heads must obtain the consent of the non-represented employees covered by FLSA to accept
compensatory time in lieu of cash payment for overtime worked in excess of forty (40) hours.
2
For the period from July 15, 1996 to March 31, 2000 or July 15, 1996 to December 31, 1999, depending upon the
expiration date of the applicable collective bargaining agreement: Credit for all authorized overtime, beyond the normal
work week, shall accrue in units of one-half (1/2) hour to the nearest one-half (1/2) hour and, except for an employee
covered by the provisions of FLSA who has actually worked in excess of forty (40) hours in said calendar week, only after
one (1) hour.
3
Compensatory time earned under the Fair Labor Standards Act (FLSA) is not subject to the requirements that it be used
within three (3) months of being earned.
SECTION 7
22
7.9 Time in any workweek during which an employee is on full pay status, whether or not such
time is actually worked, will be counted in computing overtime.
7.10 An employee who is required to work on any of the regular paid holidays specified in
Section 3.3 will be paid a 50% cash premium for all hours worked on the holiday, and
receive compensatory time off equivalent to the number of hours worked on the holiday.
7.11 Employees recalled from home for authorized ordered overtime work will be guaranteed
overtime payment in cash for at least four (4) hours, if eligible for cash payment, with the
exception of represented employees, wherein the overtime payment will be for at least two
(2) hours for the period July 15, 1996 through March 31, 2000. This provision expires April
1, 2000. Therefore, effective April 1, 2000, the overtime payment will be for a minimum of
four (4) hours (unless the applicable collective bargaining agreement provides for an
effective date earlier than April 1, 2000.)
7.12 An employee who performs authorized overtime not compensated for by cash payment and
who presents the required voucher to the office head will be reimbursed for meals in
accordance with the appropriate schedule of maximum meal allowances in effect at such
time. Time off for meals shall not be computed as overtime. However, such time off shall
not affect the continuity requirement of any schedule.
When the Department of Education is officially clo
sed early, supper money is not permitted
for up to
two (2) hours of additional work after the employee’s regularly scheduled working
hours. Employees must work for two (2) hours beyond their regularly scheduled working
hours in order to receive payment for supper money.
SECTION 7
23
SECTION 8— PROBATIONARY PERIOD
8.1 Before being appointed from a Civil Service eligible list, an employee, in addition to being
fingerprinted, must undergo a medical examination or review of medical documentation by
the Medical Bureau of the Department of Education, if required, and, if found fit, shall serve
a probationary period, in accordance with rules and regulations of the New York City
Department of Citywide Administrative Services. The probationary period for administrative
employees appointed from open-competitive and promotional civil service lists is one (1)
year. The employee will be notified in writing, at the time of appointment, of the duration of
the probationary period.
8.2 The one (1) year probationary period is comprised of two parts: The first five (5) months in
which the probationer’s progress is assessed utilizing the Interim Probationary Report, and
the last seven (7) months in which the probationer’s performance is assessed in the Final
Probationary Report, due at the conclusion of the first year of service.
Interim
Probationary Report.
This report provides an initial assessment of the probationer’s progress. Forms should be
completed by the supervisor and signed by the probationer, the supervisor, and the
organization head or authorized designee. A copy of the form is to be given to the
employee and the original maintained in the employee’s personnel file at the local level.
Final Probationary Report.
The Final Report shall indicate the recommendation of the managers and supervisors as to
whether the services of the employee are to be retained or terminated. A copy of the form
is to be given to the employee and the original maintained in the employee’s personnel file
at the local level.
8.3
Appoint
ments from Promotion Lists
Permanent employees, serving on a provisional basis in a promotional civil service title,
and who have received a promotion from a civil service list, will have the probationary
period reduced on a month for month basis up to the full year of the probationary period
according to the length of time served as a provisional employee in that title.
Appointments from Open Competitive Lists
Prior servi
ce as a provisional employee cannot be counted towards the completion of the
probationary period when such employee is hired from an open competitive list.
8.4 The p
robationary period is automatically extended by the number of days that the
probationer does not work. This includes:
leaves without pay;
leaves with pay;
assignment to limited or light duty;
educational leave.
The only exception to this rule is where an employee has been absent on military duty. If
the employee is appointed or promoted while on military duty or enters military service prior
to the completion of the probationary period, the probationary period is not extended.
SECTION 8
24
Should the office head be unable to make a definite decision as to retention of the
employee on the basis of his/her services, a written request may be made to the Division of
Human Resources, with the employee's written approval, for an extension of the
probationary period, not to exceed six (6) months, in accordance with applicable Civil
Service Law and regulations.
8.5 The services of a probationary employee may be terminated at any time during the
probationary period, in accordance with the provisions of Civil Service Law and regulations.
If the office head decides that an employee's services should be terminated, a 9902 form
and supporting documentation, including the Interim and Final Probationary Report must be
submitted as soon as possible to the Division of Human Resources, Office of Certification
and Appointments.
8.6 Retention in service beyond expiration of the probationary period is equivalent to
permanent employment. An employee who fails to satisfactorily complete the probationary
period must be restored to a position in his/her permanent former title.
SECTION 8
25
SECTION 9
—
CONDUCT AND DISCIPLINE
9.1 A high standard of courtesy, attention to duty and personal behavior is required of all
employees of the Department of Education. Employees should not at any time conduct
themselves in a manner to cause embarrassment to or criticism of the Department of
Education, or interfere with efficient performance of their duties. Employees must, at all
times, be courteous and avoid the use of brusque, impatient or violent language in their
dealings with the public.
9.2 Boisterous, frivolous or ill-tempered language or acts, loitering or visiting in other parts of
the building, waiting at the time clock prior to lunch and closing hours, punching the time
clock for other employees, and leaving the building for personal reasons after registering
the time of arrival, constitute violation of these rules and will subject the offender to
disciplinary action.
9.3 No person employed by the Department of Education shall represent or presume to reflect
the opinion of said board on any matter whatsoever before any legislative body or
committee thereof, the Department of Education of the State of New York, or any other
department or office of the State of New York, court, commission, person or group of
persons without the express authorization of the Department of Education and then only to
the extent provided in such authorization.
9.4 Employees are notified of matters of general importance by notices posted on the bulletin
board. It is the responsibility of the office head or supervisor to post such notices promptly,
and the responsibility of the employee to read such notices.
9.5 No employee should give or use information obtained by means of his/her official position
to advance the interest of himself/herself, his/her family, or his/her business or personal
associates over those of other persons.
9.6 Lateness Policy
9.6.1 Determination of Lateness
9.6.1.1
General Definition of Lateness
Employees not at their work locations ready to work at the scheduled time are considered
late. Each such occurrence, whether at the beginning of the scheduled workday or upon
return from lunch or other scheduled non-work periods, constitutes lateness, with the
exceptions described below:
9.6.1.2 Grace Period
At the start of the workday, employees are allowed a grace period of five (5) minutes and,
upon return from lunch, a grace period of three (3) minutes. If an employee arrives after the
grace period has elapsed, he/she is considered late and lateness is determined from the
scheduled reporting time; for example, an employee scheduled to begin work at 9:00 a.m.,
who reports to work at 9:06 a.m., is six (6) minutes late.
9.6.1.3 Conditions where Latenesses are not Recorded
A late arrival is not recorded as lateness on the employee's attendance record under the
following conditions:
Personal Business
If an employee arrive
s late due to the fact that personal business was conducted, he/she is
not considered late provided that:
SECTION 9
26
The business could not have been conducted outside of regular working hours; and
The employee obtained the prior approval of his/her supervisor for the late arrival.
The appropriate form, approved by the employee's supervisor should be submitted to the
timekeeper. Time lost due to late arrivals will be deducted from compensatory time or
annual leave balances on a straight-time basis.
Transit Delay
Employees may present certification of claimed transit delay forms for a lateness caused by
a delay of fifteen (15) minutes or more. Excuse for lateness caused by transit delays will
be limited to an occasional and/or extraordinary delay. Lateness caused by routine transit
delays will not be excused. Employees experiencing transit difficulties on a routine basis
must rearrange their schedules to allow extra time for travel.
The appropriate form, approved by the employee's supervisor should be submitted
to the timekeeper.
Time lost due to approved transit delays will not be deducted from the employee's
leave balances.
9.6.2 Penalties For Lateness
The following penalties will be imposed for lateness in each three (3) month period of the
vacation year: May 1 to July 31, August 1 to October 31, November 1 to January 31, and
February 1 to April 30.
9.6.2.1 Deductions on Straight-Time Basis
The occurrence of less than twenty (20) latenesses in any of above noted three (3) month
periods will result in a deduction of the time lost from annual leave or compensatory time
balances on a straight-time basis.
9.6.2.2 Deductions on
Double-Time Basis
The occurrence of twenty (20) latenesses or more in any of the above-noted three (3)
month periods will result in a deduction of the time lost from annual leave or compensatory
time balances on a double-time
basis.
9.6.3 Excessive
Lateness
Excessive lateness is defined as more than sixty (60) latenesses in the vacation year (May
1 to April 30 of the following year). In the case of excessive lateness, the employee's
supervisor may recommend that disciplinary action be taken under Section 75 of the New
York State Civil Service Law. This action may result in a reprimand, fine, suspension,
demotion, or dismissal.
9.6.4 Action by Timekeepers
9.6.4.1 Monthly Review of Time Reports
At the end of each month, the timekeeper will review the employee's monthly time report to
determine the number of latenesses that occurred in the month and the corresponding
amount of time lost. Appropriate entries will be made on the employee's attendance record
in the sections designated for lateness. The time lost will be deducted from compensatory
time or annual leave balances on a straight-time basis or on a double-time basis depending
on circumstances (See Section 9.6.2.2)
SECTION 9
27
9.6.4.2 Quarterly Review of the Attendance Record
At the end of each three (3) month period of the vacation year, the timekeeper will take the
following actions:
Determination of Double-Time Deductions
The employee's attendance record will be reviewed to determine the total
number of latenesses that occurred in the three (3) month period. If twenty
(20) latenesses or more occurred, the penalty described in 9.6.2.2,
deduction of the total time lost due to lateness on a double-time basis, will
be imposed: i.e. a second deduction of the time lost will be made.
Notificatio
n of Lateness to the Employee and Supervisor
A letter in which the number of latenesses that occurred in the three (3)
month period, and the corresponding amount of time lost indicated will be
sent to the employee and the employee's supervisor.
9.6.4.3
Deductions of Time Lost From Leave Balances
Time lost due to lateness will be deducted from the available compensatory time balance
first. After the compensatory time balance has been exhausted, the annual leave balance
will be charged.
If the time lo
st exceeds the available compensatory time and annual leave balances, a
payroll deduction for the amount of time in excess of the available balance will be
processed.
9.6.5 Role of Supervisors
Upon receipt of the letter of notification described in Section 9.6.4.2, the supervisor will hold
a conference with the employee for the purpose of examining the employee's lateness
record, reviewing the lateness policy, determining the reasons for tardiness, and discussing
methods to effect improvement in punctuality. Such methods as adjustment of the daily
time schedule, if appropriate, may be considered.
The supervisor will record the results of the discussion in a written communication to the
employee, and ask the employee to acknowledge receipt of the communication by affixing
his/her signature. Copies of the signed communication will be placed in the employee's file
located in his/her office and the file located in the timekeeping office.
9.6.6
Inquiries
Employees should direct inquiries relevant to the interpretation or application of the
lateness policy to their timekeepers.
9.7 The property of the Department of Education entrusted to the care of employees must be
kept in good order. Breakage, loss, or impairment must be reported in writing immediately
to the office head with an explanation of the cause. Papers, books, etc. should be put in
their proper places.
9.8 Office equipment, e.g. fax machines, computers, etc. are to be used for official purposes
only. Stationery and other supplies must also be used for official purposes only, and
should not be wasted.
9.9 Telephones shall be used for official purposes only, except in the event of emergencies
where specific permission has been obtained from the office head.
SECTION 9
28
9.10 Any member of the administrative staff of Central Headquarters or a community school
district who has a change of name while in the service should report such fact immediately
to the office head, or designated authority, or Community Superintendent, or the person
designated by the Community Superintendent, who will report such fact to the Division of
Human Resources.
9.11 A member of the Board of Education Retirement System must submit to medical
examination by the Medical Board when requested to do so, pursuant to an application for
his/her disability retirement made to the Department of Education.
9.12 No employee of the Department of Education shall accept any commission, royalty or other
consideration, except his/her regular salary, for any service performed or sale effected, or
for any article, invention or material used in erecting, furnishing, or supplying any school
building or department, or any labor performed under the jurisdiction of the Department.
This rule shall not apply to authors of books used in public schools with respect to royalties
on the sale of such books.
9.13 Absence of an employee from duty except for satisfactory cause shall be deemed neglect
of duty.
9.14 Failure of an employee who is absent to notify his/her supervisor promptly, stating the
cause and probable duration of his/her absence and giving his/her exact location, in
accordance with Sections 5.8, 5.9, and 5.10 may result in the office head’s
recommendation that the time elapsing before notification be without pay. This shall not
apply when the office head is satisfied by incontrovertible evidence that it was physically
impossible for the employee to give the required notification.
9.15 Failure to comply with Section 5.18, whereby employees on sick leave for recovery of
health, treatment of illness, or other purposes may not go to places remote from their
residences, without the approval of the Chancellor, shall be deemed insubordination.
9.16 Recording the time of another employee will be considered gross misconduct and will form
the basis for disciplinary action, which may include the preferral of charges against the
offending employee.
9.17 No employee who has served his/her probationary period will be removed, except for
cause, after a hearing. Any such employee may be suspended by the Chancellor in
accordance with Civil Service law and collective bargaining agreements.
9.18
Charges
Charges may be preferred against any employee for:
unauthorize
d absence from duty or, excessive absence/lateness;
neglect of duty;
conduct unbecoming his/her position, or conduct prejudicial to the
good order, efficiency, or discipline of the Department of Education
incompetent or inefficient service to the Department of Education;
violation of the Bylaws, rules or regulations of the Department of
Education;
any substantial cause that renders the employee unfit to perform
properly his/her obligations to the Department of Education
SECTION 9
29
9.19 An employee against whom charges have been preferred will be provided with a copy of
the charges and specifications. Such employees may participate in person, by counsel or
representative, in the trial of charges, to call and examine witnesses in his/her own behalf
and to cross-examine opposing witnesses.
9.20 The Chancellor, upon suspending any employee, and in advance of the filing of charges
and specifications, will inform the accused of the character of the charges to be met. Such
information shall not prevent inclusion at the trial of additional charges and specifications,
provided the accused is informed prior to the trial.
9.21 If, after due and timely service as defined in the Bylaws of the Board of Education or by the
Chancellor’s Regulations, the employee against whom the charges have been preferred
fails to appear at the time and place set for trial, either in person or by counsel, the trial of
the said charges will proceed and be determined in the same manner as though the
accused were in personal attendance or represented by counsel, and the finding and
judgment of the Department of Education will be final.
9.22 The Department of Education may designate a trial committee or trial examiner to try the
charges. The report of any trial committee or trial examiner is subject to final action by the
Department.
9.23
Equal Opportunity
It is the policy of the Department of Education of the City of New York to provide
educational and employment opportunities without regard to race, color, religion, creed,
ethnicity/national origin, alienage and citizenship status, age, marital status, disability,
sexual
orientation, gender (sex), including sexual harassment, prior
record of arrest and
convictions, and to maintain an environment free of harassment or retaliation. This policy is
in accordance with federal, state and local EEO laws. Any person who believes he or she
has been discriminated against should contact their Local Equal Opportunity Coordinator
(LEOC) or the NYC Department of Education Office of Equal Opportunity (OEO).
9.24
Sexual Harassment
Sexual harassment is prohibited by the Department of Education and is a violation of
federal, state, and local law. Sexual harassment is defined as any unwanted and/or
repeated verbal or physical advances, sexually explicit derogatory statements, or sexually
discriminatory remarks made by someone in the
workplace or educational setting which is
offensive or objectionable to the recipient or which causes the recipient discomfort or
humiliation or which interferes with employment or educational activities. Any person who
believes he
or she has been sexually harassed
should contact his/her Local Equal
Opportunity Coordinator (LEOC) or the NYC Department of Education Office of Equal
Opportunity (OEO).
9.25
Reasonable Accommodation Due to Disability
An employee who has a physical or mental disability that substantially limits a major life
activity, as defined by the
Americans with Disabilities Act (ADA), can request a reasonable
accommodation to assist in performing the essential functions of his/her job. The employee
should complete and submit Personnel Memorandum #51 together with medical
documentation to the Medical Bureau requesting the accommodation. Personnel
Memorandum #51 can be obtained from the employee’s Human Resources office or from
the Medical Bureau.
SECTION 9
30
SECTION 10 — INJURIES IN THE LINE OF DUTY
10.1 When an employee is injured in the course of employment, the first aid care of the injured
takes precedence over all other requirements. An employee who is injured in the course of
employment must report such injury as promptly as possible to his/her immediate
supervisor. If the employee is unable to contact the immediate supervisor, the employee
must report the accident and the injury as promptly as possible to the office head or an
authorized representative.
NOTE: With respect to employees covered by the Workers' Compensation Law,
compliance with the provisions of the law concerning written notice to the employer is also
required.
10.2 If a staff physician does not call upon the injured employee, one of the following actions
must be taken within five (5) business days:
10.2.1 The office head or his/her authorized representative may arrange for the injured employee
to report to the Medical Bureau for a medical examination, or
10.2.2 If the employee is unable to report to the Medical Bureau because of his/her physical
condition, the employee must submit to his/her office head a physician's certificate,
satisfactory to the Medical Bureau in form and content, or
10.2.3 The employee should submit to the office head a letter indicating that there has been no
need for medical care.
10.3 Reimbursement of time lost due to an injury in the line of duty will be governed by Section
6.12.
10.4 The following benefit payments will be made in the event of an employee's death as the
result of an injury in the line of duty:
10.4.1 All unused accrued annual leave to a maximum of fifty-four (54) days credit.
10.4.2 All unused accrued compensatory time earned subsequent to July 1, 1968 and retained
pursuant to these regulations, certifiable by official Department records, to a maximum of
two hundred (200) hours.
10.4.3 If an employee dies because of an injury in the line of duty through no fault of the
employee, and in the proper performance of duties, payment of $25,000 will be made to the
employee's beneficiary or estate in addition to any other payment due.
The estate, spouse or child of the employee should contact the Division of Human
Resources in order to obtain payment. Should the estate, spouse or child of the employee
fail to contact the Division of Human Resources, the Division of Human Resources will be
responsible for contacting the appropriate party.
NOTE: Payments described in Section 10.4.1 and 10.4.2 above will also be made in the event of
the death of an employee not due to a line of duty injury.
SECTION 10
31
SECTION 11— SALARIES
The salaries of employees covered by a collective bargaining agreement or a specific pay plan shall
be governed by the rates set forth therein. Employees for whom there is not a specific
compensation rate shall have their salaries set by the Department of Education.
SECTION 12—INTEROFFICE TRANSFERS
12.1 Employees have the privilege of seeking transfer from one office to another. The normal
procedure for such transfer is for the employee, through proper supervisory channels, to
seek the approval of his/her office head and the office head to which transfer is sought. An
employee who has obtained the approval of his/her office head may request the Division of
Human Resources to assist him/her in locating another position.
Time taken by the employee to locate a position may be taken at the convenience, and with
the approval of the head of the office in which employed. If the amount of time so taken is
excessive, an office head may require that the time taken be treated as absence on
personal business, and charged to the employee's annual leave allowance.
12.2 Where preliminary negotiations result in an employee’s failure to obtain the approval of
his/her office head for his/her release, the employee may address a communication to the
office head who, within a two (2) week period of receipt of the communication, will forward it
to the Division of Human Resources with the reasons for his/her denial. The office head
will, at the same time, provide the employee with a copy of the transmittal letter. The
employee may then, within a two (2) week period from receipt of his/her copy of said
transmittal, submit a written statement to or ask to be heard before the Chief Executive (or
designee), Division of Human Resources. The Chief Executive of the Division of Human
Resources (or designee) will take all other action as necessary to provide fair consideration
of the application and will submit an advisory opinion to the office head and employee.
SECTION 13—APPEALS
Administrative employees who claim that their rights have been violated as a result of an
interpretation, or a denial of any of these Rules and Regulations, may appeal to the appropriate
advisory body through the Division of Human Resources, Office of Support Services, 65 Court
Street-Room 504, Brooklyn, New York for final determination.
SECTION 14—BYLAWS
The Rules and Regulations for Administrative Employees incorporate, as a matter of reference and
interpretation, the articles set forth in the New York City Department of Education Bylaws.
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