Application for Retirement Leave of Absence (Terminal Leave) - Formally OP 40
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RETIREMENT LEAVE OF ABSENCE (TERMINAL LEAVE)
Rules Chancellor's Regulation (former By Law Section) 106.3a
1. A Terminal Leave shall be granted on the basis of one half of the accumulated unused sick leave (Cumulative Absence Reserve) up
to a maximum of one school term (five calendar months exclusive of July and August).
School term refers to either the Fall or Spring division of the school year as indicated below. To avoid disruption of the educational
program, leave shall not extend from one school term into the next school term.
Fall Term (Both Dates Inclusive)
Initial date: August (from the first day on which Applicant to
report to duty)
Terminal date: January (to the last school day of the semester)
Upon application in accordance with the rules enumerated below, absence from duty Retirement Leave of Absence (Terminal Leave)
with full pay may be granted to a member of the teaching, supervising, or attendance staff under regular appointment, who is a
member of the Teachers Retirement System and who will be eligible for service retirement upon completion of the leave.
Spring Term (Both Dates Inclusive)
Initial date: February (from the first school day)
Terminal date: June (to the last school day of the semester)
Vacation Periods
When a vacation period intervenes between the end of a
Terminal Leave and the member's Retirement Date such
vacation period shall be deemed a period of active service
for purposes including compensation.
2. A Terminal Leave shall be terminated when the member on such leave:
a) Applies to the Teacher's Retirement System for immediate retirement;
b) Applies to the Children's First Network for reinstatement to active service (except that such termination may not be granted during
the last month of the term in question;
c) Applies to School Principal or other appropriate supervisor for Sick Leave (OP 198) and submits Confidential Medical Report (OP
407) which is approved by HR Connect.
3. A member who terminates Terminal Leave to apply for Sick Leave shall be entitled to the total Cumulative Absence Reserve minus
the number of school days actually used during the period of Terminal Leave.
4. A member who terminates Terminal Leave shall be deemed to have forfeited the future right to the number of days of Terminal
Leave already taken.
5. A substitute may be employed to replace any member on Terminal Leave.
6. Application for Terminal Leave shall be made to HR Connect at least one month prior to the initial date of requested leave (and for
leaves beginning in August, at least one month prior to the commencement of the summer vacation period).
7. During Terminal Leave, no member may serve in any capacity under any New York City Department of Education school or office or
in any publicly-supported institutions in New York City or State. The Conflicts of Interest Law applies to employees on paid or unpaid
leaves of absences, so employees on leave must contact the Department of Education Ethics Officer for advice regarding outside
activities, including but not limited to outside employment, and owning or operating a business, to determine whether a waiver from
the New York City Conflict of Interest Board is needed.
8. Unforeseen closing of schools or other conditions which may excuse non-attendance of working personnel, occurring during the
period of Terminal Leave, shall not change the total number of days originally computed for the Terminal Leave applied for or
granted.
Instructions
1. Complete the Application on the face of this form.
2. Submit the completed form with signature of Applicant and School Principal or supervisor to HR Connect.
