At a recent UFT Solidarity meeting, teachers came forward who were doing regular teaching jobs but were being paid as day-to-day substitutes. I was outraged and said so at the meeting. This is improper as it violates the UFT Contract and probably labor law. Many subs who fall into this category are more than likely afraid to challenge administrators for fear of losing their jobs.
Solidarity stepped in and put out an intake form to find out how many teachers in this category would put their names out there to be paid properly. My understanding is that at least 30 have responded. Now, Solidarity leader Lydia Howrilka is writing to UFT Personnel Specialist Mike Sill on behalf of the day-to-day substitutes. She asked me to help with finding the Contractual and Chancellor's Regulation documentation for this letter and I was happy to be involved (see below).
The UFT should be filing a class action grievance/court case on behalf of every teacher in this category in NYC, whether they have come forward or not.
It is unconscionable that principals would hire teachers to teach regular classes and then pay them as if they are covering for other teachers. Another dirty trick is to hire day-to-day subs in a class to cover for a long-term absence and then move the sub to a new program so they won't teach for 30 days in a row in the same program which requires a higher rate of pay (Z status).
The Solidarity letter:
Dear Mr. Sill:
It has come to the attention of UFT Solidarity that there are many “occasional per diem substitutes" assigned to work a program at a school for more than 30 days who have not been receiving full salary, health care benefits and pro rata summer pay.
This is from Chancellors Regulation C206:
DEFINITION OF OCCASIONAL PER DIEM SUBSTITUTE SERVICE
a. As applied in this Regulation, the term “occasional per diem substitute” means a person employed to replace an absent pedagogical staff member who is expected to return.
This Regulation covers occasional (flat rate) per diem substitutes serving more than 29 days.
b. Excluded from the scope of this Regulation is substitute service of a more protracted nature, including full-term regular substitutes or long term per diem substitutes on the regular payroll. These types of substitute service, although performed also by a person who is not appointed, require the acquisition of a credential to authorize employment as either a Certified Provisional Teacher or a Preparatory Provisional Teacher.
There are two concerns. One is teachers not getting "z status" and the other is teachers being hired for the year or term and being kept as day-to-day substitutes.Both are covered by Article 7V and 5a.
Regular Payroll Status for Per Diem Substitutes
1. The Board (“Department”) will pay on the regular payroll (i.e. Q payroll) any per diem substitute provided that he/she either:
(A)(i) was employed by the Department to replace a regularly appointed teacher who is in a Vacancy (as defined herein);
(ii) commenced employment later than the fifteenth calendar day following the first day for the reporting of newly appointed teachers; and
(iii) was employed for a minimum of two months; or
(B)(i) was employed by the Department to cover a Vacancy; and (ii) commenced employment during the first fifteen calendar days of the term.
2. For purposes of this section, a Vacancy is a position that is filled by a substitute teacher under the following circumstances:
(A)there is no regular appointed teacher and the position is an unencumbered vacancy; or
(B) when the regularly appointed teacher is (a) on a sabbatical leave of absence for the full term or full school year; (b) on an unpaid leave of absence for the duration of the school year; (c) on an approved leave due to an injury in the line of duty (“ILOD”) and the ILOD leave is for the duration of the school year; (d) reassigned for the duration of the school year, however the substitute teacher shall not receive regular payroll status (i.e.Q payroll) for the first sixty (60) days of service in this assignment; (e) absent on paid status (i.e. using their Accumulated Absence Reserve (CAR), or borrowing up to 20 additional CAR days and/or utilizing the grace period) and whose status is subsequently adjusted to unpaid leave status for the duration of the school year; or (f) on an approved paid absence (i.e. using their CAR days and/or utilizing the grace period) for the duration of the school year.
3. In the event a substitute does not work in the assignment for the duration of the school year (except in the case of a sabbatical for one term as described above in (3)(2)(a)), s/he shall not be entitled to regular payroll status (i.e. Q payroll).
4. The foregoing shall supersede and replace Chancellor’s Regulation C-525 with respect to the criteria necessary to attain regular payroll status (i.e. Q payroll).
5. Pursuant to Chancellor’s Regulation C-520, a substitute teacher shall be entitled to Z status if s/he replaces a particular absent employee for thirty (30) or more consecutive work days. The terms of Chancellor’s Regulation C-520 shall remain in effect with respect to Z status; to the extent C-520 addresses regular payroll status (i.e. Q payroll) and is inconsistent with this Stipulation, the terms of this Stipulation shall be determinative.
Also, look at Article 5C3
3. Appointments and assignments to teaching positions shall be made in accordance with State Education Law, Commissioner’s regulations and applicable Board of Education regulations and provisions of this Agreement. Appointments shall be made from eligible lists of persons holding regular licenses. After all available persons with regular licenses have been appointed and where positions still remain vacant or arise during the course of the school term, certified provisional teachers shall have priority for any assignment. Where no certified provisional teacher is available for assignment, preparatory provisional teachers will be eligible for such assignment. Except in cases of emergency, any CPT or PPT employed to fill a full term or balance of term assignment will be retained for at least the duration of that term.
We know we have only heard from a fraction of educators who have been denied their fully earned benefits. This is outrageous and we urge you to file a grievance on behalf of these educators.
UFT Solidarity caucus