The Department of Education has sent out termination notices to about 700 members of the United Federation of Teachers — now on unpaid leave and not in school — who are unvaccinated and took neither a previous offer for severance nor the opportunity to extend their leave.

While the DOE appears to believe that such people can be summarily terminated, it is the UFT’s position that these individuals cannot be terminated without due process — including a hearing under the 3020a statute for tenured pedagogues.

Court action Tuesday by the Municipal Labor Committee, in which the UFT joined, is designed to help ensure that the city cannot unilaterally dismiss our members without following due process guidelines. It specifically concerns the more than 700 unvaccinated members who are on leave without pay and are not in school.

The UFT filing states:

“UFT members are entitled to access to the due process protections embodied in statutes and agreements the DOE is compelled to follow. ..The DOE’s attempt to summarily terminate unvaccinated employees denies UFT-represented employees the rights they are guaranteed by statute and contract…”

Last week the UFT urged all the affected teachers to formally request a 3020a hearing, and other members to initiate the grievance process specified in the UFT contract.

Read the MLC complaint