Friday, August 28, 2020

UFT MEMBERS ARE ELIGIBLE FOR FEDERAL FAMILIES FIRST CORONAVIRUS RESPONSE ACT PAID LEAVE

Thanks to one of our readers who sent this information our way.

I don't know why the UFT isn't publicizing this but if your child is under 18 and their school is closed, you are eligible for 12 weeks of paid leave at 2/3 pay and at full pay if you are teleworking from home. I checked with a very knowledgeable UFT person who confirmed that UFT members are eligible for Federal Families First Coronavirus Response Act paid leave.
This is right from the Department of Labor website:

The Families First Coronavirus Response Act (FFCRA or Act) requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. The Department of Labor’s (Department) Wage and Hour Division (WHD) administers and enforces the new law’s paid leave requirements. These provisions will apply from the effective date through December 31, 2020.

Generally, the Act provides that employees of covered employers are eligible for:

Two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined (pursuant to Federal, State, or local government order or advice of a health care provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis; or

Two weeks (up to 80 hours) of paid sick leave at two-thirds the employee’s regular rate of pay because the employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to Federal, State, or local government order or advice of a health care provider), or to care for a child (under 18 years of age) whose school or child care provider is closed or unavailable for reasons related to COVID-19, and/or the employee is experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of the Treasury and Labor; and

Up to an additional 10 weeks of paid expanded family and medical leave at two-thirds the employee’s regular rate of pay where an employee, who has been employed for at least 30 calendar days, is unable to work due to a bona fide need for leave to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19.

Further down:

Qualifying Reasons for Leave:

Under the FFCRA, an employee qualifies for paid sick time if the employee is unable to work (or unable to telework) due to a need for leave because the employee:

1. is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;

2. has been advised by a health care provider to self-quarantine related to COVID-19;

3. is experiencing COVID-19 symptoms and is seeking a medical diagnosis;

4. is caring for an individual subject to an order described in (1) or self-quarantine as described in (2);

5. is caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19; or

6. is experiencing any other substantially-similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.

Under the FFCRA, an employee qualifies for expanded family leave if the employee is caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19.

Pay is capped at $12,000 but I don't think it is necessary for higher paid UFTers to be dissuaded from using the FFCRA provisions. If one looks at the Questions and Answers the DOL put out, I cannot see how UFTers are not eligible to telework from home at full pay.

17. When am I able to telework under the FFCRA?
You may telework when your employer permits or allows you to perform work while you are at home or at a location other than your normal workplace. Telework is work for which normal wages must be paid and is not compensated under the paid leave provisions of the FFCRA.

That would solve the childcare dilemma for UFTers who have kids that are at home while they are working. It looks to me, although I am not a lawyer, that if your child is home from school several days a week, you have a federal legal right to be at home with them and get paid too as long as you telework. There is some flexibility here for employers but by the DOE already allowing people who have certain medical conditions to work from home, it would be arbitrary and capricious for the DOE to discriminate against UFTers who are parents. Again, I am no lawyer.

In New Jersey this tactic was used to force schools to go all remote at the last minute.
From News 12 New Jersey:

The majority of parents say they wanted their kids back in school, and teachers wanted to teach in their classrooms.

But at the last minute, more than 250 teachers in the Freehold Regional District and more than 30 in Ocean Township district took leaves of absence.
The leaves of absence are allowed under the federal Families First Coronavirus Response Act.

Some parents and school leaders say this was a political move spurred on by the New Jersey Education Association Union. The group was among several organizations that issued a joint statement calling for schools to begin remotely. Shortly after, [Governor] Murphy gave the green light to begin schools remotely.

You can download the DOE form, Request for Emergency Family Leave - Excused Leave at Partial Pay, here.

38 comments:

Anonymous said...

With all due respect...How does that help anyone else? So everyone else must go on buses and trains and be put in a dangerous spot in infected buildings?

James Eterno said...

Read what happened in NJ

Anonymous said...

Ok. So who's side is mulgrew on?

James Eterno said...

Look how NJEA got districts to go fully remote. It is a plan.

Anonymous said...

Again, where is Mulgrew? Dues well spent.

Anonymous said...

If I have a child that will need daycare from me (kid will be home or most of the week) then who do I contact to apply for this?

Anonymous said...

CSA...lol

In rolling out guidance for staffing schools yesterday, @NYCMayor
said he was giving principals the clarity they wanted.

Prez Mark Cannizzaro: "I guess you could say, in some sense, now that there is guidance there is clarity. But the clarity is: we can’t do this."

Anonymous said...

That's what I'm talking about. Why is our union trying to bully us to picket in front of schools instead of telling us to sign on to teach remotely until the UFT safety demands are met. I don't understand the goal at all. Is the UFT, or are the UFT members saying they don't want to go back under any circumstance other than a 100% working vaccine that everyone is required to receive by the governmemt?

Anonymous said...

Remember when Europe had covid spread under control?

Not so much anymore

That will be like the rise we have

Anonymous said...

I’m sorry but the CSA and Mark Cannizzaro is reneging on their threat to strike. I call bullshit on them and what they say they care for.

Anonymous said...

BREAKING-THE UFT WILL VOTE ON WHETHER TO AUTHORIZE A STRIKE OVER SCHOOL REOPENING
Next week, the New York City teachers union executive board and delegate assembly will vote on whether to allow a strike.

Anonymous said...

This says it all...The UFT, with 180,000 members, is among the largest unions in New York City. UFT President Michael Mulgrew is a close ally of Mayor Bill de Blasio. The union has tried to avoid direct confrontations with either the mayor or the governor during the pandemic.

Anonymous said...

Doesn't this mean fewer teachers now available to teach?

Anonymous said...

It means with we can close the schools on our own and work remote without the help of the UFT.
Everything the UFT does turns to shit for the rank and file. Enough teachers legally opt out to work remote and the whole school system will be remote. PERIOD.
Let all the Trump supporters work in the buildings and expose themselves to the risk of contracting the virus. They all want to get the economy going for THE DONALD!

Anonymous said...

Andrew Cuomo
@NYGovCuomo
Put politics aside.

Put your mask on.

De blasio says, masks off, eat, indoors, in classroom.

Anonymous said...

Randi Weingarten Retweeted
Andy Pallotta
The Governor has said-and we agree-that parents and educators must be confident in the district’s plan.
Several have a long way to go.

Anonymous said...

UFT Warns Teachers Not To Enter School Buildings As Principals' Union Pleads For More Staffing

https://gothamist.com/news/uft-warns-teachers-not-enter-school-buildings-principals-union-pleads-more-staffing

Anonymous said...

So, are September 8 and 9 Remote PD days? We certainly couldn't have the entire staff in the building together, right?

Anonymous said...

Dues well spent. UFT President Michael Mulgrew is a close ally of Mayor Bill de Blasio. The union has tried to avoid direct confrontations with either the mayor or the governor during the pandemic.

TeachNY said...

Probably not because we have to set up our rooms.

Firm53 said...

Looks like the principals will be the ‘wild card’ In whether schools reopen for any in house learning. If schools don’t reopen—maybe UFTers should instead pay dues to the CFA. By the way, have any principal’s or AP’s —been given the option to do remote supervision?

James Eterno said...

It's CSA and yes thr principals and APs can do remote supervision.

Anonymous said...

Csa says schools are too dangerous

Csa says there will be a severe teacher shortfall

Principal says come in next week to set up classroom

Teachers say yes

Uft DR says don't go in we are striking and it is unsafe

Mulgrew no longer talking strike

Every school system that opens, closes with widespread infection

De blasio says you can't eat indoors until 2021

Cuomo says you must wear masks

De blasio says students can take off masks to eat indoors in classroom

Cuomo says follow the science

UFT exec board strike vote on Monday
UFT delegate vote Tuesday

Confused? Good luck.

Anonymous said...

I am 40 years old.
I have been waiting to get the last retro payment...6 weeks to go.
I plan to resign and leave NYC after that.

After that, the DOE and UFT can fuck themselves.

I, obviously, will be well short of retirement age. Who cares. This shithole is unlivable. This is nothing but torture. That is NYC and the DOE.

Anonymous said...

It's in the news - UFT will vote next week for the possibility of a job action, safety strike, whatever you want to call it.

Anonymous said...

Sir, does this mean that Ann Margret is not coming?

Anonymous said...

Just when you think @NYCMayor couldn’t go any lower, he proves us wrong.

NYC's public schools are the testing laboratory for whether or not Marvin and Shirley from Kalamazoo can eat inside at TGI Friday's in Times Square. @NYCMayor @NYCSchools

Anonymous said...

NYC District 75 serves 25,000 students with disabilities a year, 86% of which are students of color.

@DOEChancellor and @NYCMayor have NO Plan to keep students, teachers and Paraprofessionals in safe.

We all want schools to reopen on time. However, without testing, there is no way of knowing what else might be coming in.

Anonymous said...

School staff and students, the great guinea pigs.

For @NYCMayor we're the experiment. https://ny.eater.com/2020/8/27/21404598/nyc-indoor-dining-schools-de-blasio-coronavirus?fbclid=IwAR2eMhyvhH2ZNBMVq4U5bNEfePyKvuNT0g8X9STSR1nA0jp-dJTaze56brc @EaterNY

Anonymous said...

Thanks so much. This is a legal approach so let's try this first to see if it works like it did in NJ. Otherwise, there will be no more options but to strike.

Anonymous said...

Stop whining and get back to work. Our kids need to be in school. Very few tecahers did anything during remote learning and the accomodations are a joke. Give up half your pay to sit in the comfort of your home while everyone else has been out working. And I am not signing on to strike so I hope mulgrew and the rest of the union will be paying for my two days pay for every day of striking.

Anonymous said...

8:36 - Kids need to be in school. You do realize school this year will be nothing like any year before and very likely traumatizing for many students with all the restrictions, mask wearing, etc. In fact remote although not a great option is better than what in person will look like.

Anonymous said...

I did see something about this on the UFT website earlier this summer. When I went to look again I couldn't find it.

James, do you know if it is still on the UFT website or did they remove it?
I feel like they took it off on purpose because many people would have apply for it.

Does anyone see it on the UFT website?

TeachNY said...

I think kids are more resilient than we think. The masks and restrictions will not traumatize them. What’s more traumatizing is not being in school at all.

Anonymous said...

The powers that be seem strangely ok with a class action suit that will bankrupt them. Lawyers already have the paperwork drawn up and are patiently waiting for teachers to get sick or die and sue The City for not protecting their employee(s).

Unknown said...

wherevcan I get the form to request the leave?

James Eterno said...

We linked to it. If the link doesn't work, send an email.

Unknown said...

I got the impression that the key word here is if the child's school is closed or childcare isn't available due to COVID issues. Public schools are not closed. Closed is not the same as remote. However, everything is worth a try.