Leave Under the Contract
Leave Outside the Contract
Partial Leave with Partial Pay
Partial leaves with partial pay are granted for special projects, such as writing a book, when the leave would be to the mutual benefit of the faculty member and the college. CUNY management documents indicate that partial leaves of absence with partial pay will be granted in rare and unusual circumstances. Most full-time teaching faculty are eligible to apply. The application is submitted to the Department P&B committee and approved by the College-wide P&B and the President. The leave will constitute a break in service towards tenure and CCE, resetting your clock. https://www.cuny.edu/wp-content/uploads/sites/4/page-assets/about/admini...
Under Article 13.3 of the CUNY Bylaws, “On the recommendation of the relevant departmental committee concerned with appointments, the relevant college committee and the president, the board may grant to members of the instructional staff special leaves of absence without pay for purposes such as study, writing, research, the carrying out of a creative project or public service of reasonable duration. Where a special leave without pay is for one year or longer, it shall not be credited for purposes of increment, except that increment credit may be granted when the president certifies that the leave is being taken for a project of academic, scholarly or public importance that brings honor and recognition to the college.” https://policy.cuny.edu/bylaws/article-xiii/#section_13.3.
FMLA (Family and Medical Leave Act of 1993)
FMLA leave is unpaid, but it provides for your health insurance and other benefits, except pension contributions, to be maintained. It is available to qualifying employees who worked at least 1,250 hours over the past 12 months and provides up to 12 weeks of unpaid leave for your own serious health condition or to care for a spouse, child, or parent with a serious health condition. For your own serious health condition, you would first use your available paid sick leave. “For the purpose of this policy, a serious health condition is an illness, injury, impairment, or physical or mental condition that involves incapacity or treatment connected with: inpatient care in a hospital, hospice or residential medical facility; pregnancy or prenatal care; or continuing treatment by a health care provider.”
ADA (Americans with Disabilities Act)
Under the ADA, all employees may request reasonable accommodation for a disability. A request is considered “reasonable” under the law if it does not cause undue hardship to the employer, meaning that it would not pose significant difficulty or expense. Someone with a disability that puts them at high risk for COVID-19, such as being immunocompromised, can request an accommodation to be assigned only remote work if they can reasonably continue to perform their duties. Age does not constitute a basis for ADA accommodation requests. Also, “an employee without a disability is not entitled under the ADA to telework as an accommodation in order to protect a family member with a disability from potential COVID-19 exposure.”