Many UFT-represented members have a unique and valuable benefit: the ability to take an extended child care leave and return to their job afterward. This benefit is for those who want to take more time off than paid parental leave or an FMLA benefit will allow.

Although the leave is unpaid and comes with no health benefits, it enables educators and some other city Department of Education employees to leave work for up to four years for the birth or adoption of a child and be able to return to work in rightful seniority order.


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Occupational and physical therapists, school nurses, audiologists, and education officers and analysts are eligible for a child care leave after a year of full-time work if they have permanent status. Administrative education officers and analysts need three years of permanent full-time service to qualify for the leave.

Teachers and paraprofessionals have the right to return to their former schools in rightful order of seniority following an extended child care leave. No employees accrue any seniority while they are on an unpaid leave.

School counselors, psychologists and social workers have the right of return to their assignment within the district in accordance with their seniority if they return within one year of taking their leave.

Occupational therapists and physical therapists have the right of return from a leave of one year or less to the school or facility where they served at the time of the leave, in accordance with their seniority. If the leave is longer than one year, the right of return is to a comparable position.

Starting in the spring, anyone on a leave through the end of the year will be asked to state their intent (to return to work, extend the leave, resign or retire) for the following school year. If you wish to extend your leave for another year, you have to apply for the leave extension.

The NYC Health + Hospitals grants non-discretionary, unpaid, non-job-protected leaves of absence for eligible male or female employees for a period of up to forty-eight (48) calendar months who become the parent of a child by birth or adoption up to four (4) years of age. The maximum length of child care leave is forty-eight (48) months is limited to one instance only. The subsequent child care leaves granted to an eligible employee shall be limited to a maximum of thirty-six (36) months each.

Child Care Leave is unpaid leave granted to an RFCUNY employee (male or female) for a period of up to six months from the date of birth, adoption, or foster care certification of a child. This type of leave may include sick leave for the period of a certified disability and/or annual leave. If the employee is eligible, a claim for Family and Medical Leave Act (FMLA) entitlements or Short-term Disability (for maternity) should also be filed. Child Care Leave may not extend beyond the expected termination date of the sponsored project or Personnel Action Form.

To be granted Child Care Leave, an employee must have legal responsibility for the care and/or support of the child, have been employed full-time by RFCUNY for at least one year before the requested leave, and apply in writing to the project director.

While an employee is on Child Care Leave with pay (i.e. employee has sick leave, annual leave, or unscheduled holiday accruals), timesheets must be submitted charging the time against the accumulated leave balances. An employee may continue to be on Leave with Pay (LWP) until all permissible time and leave accruals are fully exhausted. An employee will be placed on Leave without Pay (LWOP) for the remainder of their leave or until the end of their appointment.

Child Care Leave provides job protection and 100% of pay for up to 4 weeks (160 hours for full-time employees, prorated for part-time employees) for employees while on leave following the birth of their child (including surrogacy) or placement of their child through adoption or foster care. Please read more about this leave with the FAQs and Examples for Using Child Care Leave.


The eligible events must occur on or after September 1, 2022. Employees who experienced an eligible event before this date are not eligible for this leave but may use their paid leave accruals or apply for Reduced Paid Leave.

Child Care leave is provided for benefits eligible employees, trainees, birth and non-birth parents. If both parents are employed by MD Anderson, both are eligible to receive their full amount of Child Care Leave (prorated by FTE). The amount of leave is not split between the parents.

The HR Leave Center will send a determination for the leave request after reviewing the documentation. If documentation is not received, the leave is denied. Managers are copied on the approval or denial.

If an employee needs to change the leave that is requested and/or granted, they should notify his/her manager and the HR Leave Center at 713-745-3652 (5-FMLA) in advance if possible. An employee who fails to notify his or her manager and the HR Leave Center to advise of the need to extend or modify approved leave is subject to the provisions of the Attendance Policy (MD Anderson Instituttional Policy #ADM0289).

The HR Leave Center has the authority to contact necessary parties to clarify or authenticate documents for the leave. Abuse of this leave or falsifying documents may result in disciplinary actions up to and including termination.

Understanding how child care leave is computed is an important part of planning for your new arrival. The postpartum period is considered a period of medical disability. The period of medical disability permits six calendar weeks of leave immediately following a regular delivery or adoption or eight calendar weeks immediately following a Caesarean birth. The period of medical disability, as well as the other information here, applies to both mothers and fathers.


You are also offered several protections under the Family and Medical Leave Act (FMLA), provided you meet certain eligibility requirements. FMLA protects your position during a guaranteed period of 60 duty days of leave after the birth or adoption of a child. FMLA also protects your health benefits while on leave. FMLA does not guarantee pay during the period of leave or dictate how you might be paid for time off. For more information about FMLA, click here.

The period of the leave is not counted toward service credit, service credit for Fellowship or Scholar Incentive Award. Employees who are on leave without pay do not receive benefits (health insurance) and are not eligible for retirement credit while on leave.

Note: In 2020, New York State enacted COVID-19 legislation that enables Paid Family Leave to be used by an eligible employee if they, or their minor dependent child, are subject to a mandatory or precautionary order of quarantine or isolation issued by the state of New York, the Department of Health, local board of health, or any government entity duly authorized to issue such order due to COVID-19. This is different from Family Care. Please visit PaidFamilyLeave.ny.gov/COVID19 to learn about leave for quarantines.

For example, you need one or more full days to care for a parent who undergoes chemotherapy; or your grandparent is having surgery followed by extensive recuperation; or your child is undergoing intense psychotherapy and is unable to attend school for a period of time; or a family member is seeking treatment for a substance use disorder. These are situations that may qualify for Paid Family Leave if certified by a licensed health care provider. These examples are used for illustration purposes only and are not intended to pre-determine your eligibility for Paid Family Leave; only the Paid Family Leave insurer can make eligibility determinations.

Cosmetic treatments (such as plastic surgery) are not eligible conditions unless inpatient hospital care is required or complications develop. Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, minor ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and would not qualify for Paid Family Leave.

Health care providers outside of New York, including outside the United States, who are certifying that an employee's request for Paid Family Leave is medically justified must have a valid license in the state or country where they practice.

Important notes regarding intermittent leave: The maximum number of leave days you can take is based on the average number of days you work per week. For example, if you work an average of three days per week, you can take a maximum of 36 days of Paid Family Leave (3 days x 12 weeks). If you take intermittent leave and more than three months pass between days of Paid Family Leave, your next day or period of PFL is considered a new claim under the law. This means you will need to submit a new Request for Paid Family Leave.

In most cases, the insurance carrier must pay or deny benefits within 18 calendar days of receiving your completed request or your first day of leave, whichever is later. Your request cannot be considered incomplete solely because your employer failed to fill out Form PFL-1 Part B within three business days.

If your request for Paid Family Leave is denied and you have already started your leave, you are not considered to be on Paid Family Leave, and it will be up to your employer to determine how to treat the time off.

In most cases, the insurance carrier will pay benefits or deny your claim within 18 days of receiving your completed request or your first day of leave, whichever is later. After the initial payment, payments are made biweekly. Your insurance carrier may provide options for how you will be paid, for example, via direct deposit, debit card or paper check.

The University offers unpaid leaves of absence to provide continuity of service during an extended period of absence. Leaves of absence are without compensation by the University. Twelve months of continuous service is required between any two of these leaves: personal, educational, government service, or for a child care leave lasting greater than six months. 17dc91bb1f

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