Bad Winter Weather? Your Rights and Options Q&A
The new year has set records for cold, disrupting schedules for our schools, families and the students we serve. CFT/CFOP members have asked questions about their rights and obligations when weather interferes with the school schedule. Here are some answers:
What Rules Apply When Schools Are Closed?
Cold Weather Closing Only
The Superintendent makes the decision to close schools due to cold or snow. A closure due to cold weather applies to all schools. All teaching and clerical staff must report when there is a cold weather closing of schools.
NO Student shall be turned away from a school. Each school should develop a coverage plan to ensure that students are in from the weather, safe and supervised.
Cold Weather/Snow Delay
The Superintendent has the option of declaring a 2-Hour delay for children attending elementary schools. When a cold weather or snow delay is declared, teaching and clerical staff are expected to report to work at their regular time. Students must be welcomed at the school during normal hours, despite a delay in opening hours.
Snowy Weather Closing
A closure due to snow is announced when the Superintendent decides that travel to work for students and staff would not be safe due to bad weather conditions. On snow days, the teaching and clerical staff are not required to report to work. Snow days amount to paid days off. Under some circumstances a make-up teaching day can be scheduled before the end of the school year.
What If You Do Not Report to Work on a Cold or Bad Weather Day?
Some members have expressed concern about the safety of reporting to work in bad weather. The Superintendent’s decision is final on whether schools are closed for staff on any particular day. CFT has no role in that decision.
When teachers and staff must report during bad weather, each of us must decide whether it is safe to travel to work, or arrive on time. Some of us may be unable to report to work if our own kids’ schools are closed and delayed. If you cannot come to work due to bad weather, you will be charged one of your personal leave or annual leave days. Use of a personal leave or annual leave day on short notice due to bad weather or unanticipated child care duties would be considered an “emergency” under our contract (Section 230-11) and would not be subject to any advance notice requirements. If you have no personal leave or annual leave balance, then you would not be paid for a missed day due to bad weather. CFT would defend any teacher who was subject to a proposed discipline for using an annual or personal leave day due to concerns about safety or child care on a bad weather day. Employees may use Sick Leave, if they or their family members are sick.
Is the District Liable for Injuries that Might Occur Because You Report to Work During Bad Weather?
The District would not be responsible for an accident or injury during your commute to or from work during bad weather. That sort of damage or injury would be covered by your personal auto and/or medical insurance.
The District does have responsibility to properly maintain its parking lots and walkways and to clear snow and ice. An injury on school grounds would be covered by the District through the Worker’s Compensation system.