The United Federation of Teachers plans to sue the Department of Education for putting dozens of employees on unpaid leave after they allegedly submitted false evidence of COVID-19 vaccinations, The Post has learned.
The union, which had given the DOE a deadline by the end of Friday to keep affected members on payroll during the investigation, told the Post it would pursue the legal challenge against the DOE and Chancellor David Banks.
“The DOE has not changed its intent to place these employees on unpaid leave,” a UFT spokesperson said. “In response, we have filed a Notice of Claim with the city which we intend to pursue.”
According to the union, about 82 UFT members received unpaid leave notices from the city, while the DOE said fewer than 100 employees were under investigation.
The application was filed on behalf of teachers, school psychologists, school social workers, school secretaries and paraprofessionals.
The DOE maintains it is in compliance with the law and contracts, pointing to the city’s ordinance requiring all teachers and school staff to be vaccinated against COVID-19.
“Compliance with this order is a condition of DOE employment, and the DOE may not permit unvaccinated employees, absent an exemption or accommodation, to perform DOE work,” wrote Toni Gantz, executive assistant counsel for the DOE, in a letter to the union obtained. by mail.
Gantz said that as such, the unpaid leave is not a disciplinary action in response to misconduct, but rather tied to the eligibility status of employees, thereby adhering to different procedures.
But the union said some teachers had already contacted the DOE to say they had received the notice as an error.
Meanwhile, Mayor Eric Adams backed the vaccine requirement on Friday, saying he was “not at all considering” revoking the terms of city workers.
The New York School District Special Investigative Commissioner and law enforcement continue to investigate allegations of fraudulent vaccine documentation.
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