← Teacher Center · Benefits explained · District contracts

Teacher Center · Career and money

Sick leave, and what to do when you run out

How sick days work for New York public school teachers and staff, where the days come from, the ways to "borrow" when you need more, and 10 real-life scenarios with made-up numbers. The main point: your contract decides.

General information, not legal, tax or financial advice. Your collective bargaining agreement (contract), any later agreement (MOA), district policy and the law decide your real rights. Before you plan a leave, ask your building union representative and district Human Resources (HR) or payroll, and get the answer in writing. Facts were checked Nov 8, 2026 from the official sources at the bottom. Every example marked made-up numbers is invented to teach the math.

1. The big idea: your contract decides

State law sets a floor. New York Education Law §3005-b says school districts outside New York City must give each teacher paid sick leave of at least ten working days a year for personal illness or physical disability, and must let unused days add up to at least 150 working days (Education Law §3005-b).
Your contract sets the rest. Under New York's Taylor Law, a public employer must negotiate with the recognized union (Civil Service Law §204). That is why the number of days, the cap on saved days, personal days, family illness days, a sick bank, an advance, sell-back and payout at retirement all differ from district to district.
Job protection is a separate question from pay. Federal FMLA can protect your job for up to 12 workweeks, but it is unpaid by itself. Sick days are what keep your paycheck going.
Support staff (teaching assistants, aides, clerical, custodial, nurses, bus drivers) usually have their own contract with different leave rules. Read yours; the ideas on this page still help.

💵 Keeps your pay

Sick days, personal days that roll into sick leave, a sick bank, an advance, board-approved paid leave, workers' compensation for a work injury, NY Paid Family Leave (only if your district has it).

🛡️ Keeps your job

FMLA (up to 12 workweeks), contract leaves of absence (child-rearing, extended illness), and leave as a reasonable accommodation under disability and pregnancy laws.

📜 Who decides

Your contract and MOAs first, then district policy, then state and federal law. Your building rep can show you the exact article.

2. Where your days come from

Solid boxes: days most contracts give. Dashed boxes: only if your contract has them. Our own drawing.

3. What the law adds (and what it does not)

Laws about leave for NY public school staff
Law	What it gives	For NY public school staff
NY Education Law §3005-b	Paid sick leave for teachers: at least 10 working days a year; unused days add up to at least 150.	Applies to districts outside cities over one million people (so not NYC). Your contract can give more, and most Long Island contracts do.
FMLA (federal)	Up to 12 workweeks of job-protected, unpaid leave in a 12-month period for your own serious health condition, a new child, or caring for a spouse, child or parent with a serious health condition. Your group health coverage continues on the same terms.	Public agencies and schools are covered regardless of size. You qualify after 12 months with the employer and 1,250 hours in the 12 months before the leave, at a site with 50 employees within 75 miles. For full-time teachers, the employer must "clearly demonstrate" they did not work 1,250 hours to deny eligibility (29 CFR 825.110(c)(3)). Your district may let or require you to use paid days during FMLA. Special end-of-term rules exist for teachers.
NY Paid Family Leave (PFL)	Partly paid, job-protected leave to bond with a new child, care for a seriously ill family member, or for some military reasons.	Public employers are not required to provide it. A district may opt in, but for union-represented staff it must be negotiated with the union. Ask HR whether your unit has it.
NY Paid Sick Leave and paid prenatal leave (Labor Law §196-b)	Paid sick time, and since Jan. 1, 2025, 20 hours of paid prenatal leave a year.	NY.gov describes both as covering private-sector employees, and the Labor Law article they sit in says "employer" does not include a governmental agency (Labor Law §190(3)). Your sick days come from your contract.
Pregnant Workers Fairness Act (PWFA)	Reasonable accommodations for known limits from pregnancy, childbirth or related conditions, unless it is an undue hardship. Examples the EEOC lists include leave for health care appointments and leave to recover from childbirth.	Covers private employers and state and local government employers with 15 or more employees, so school districts are covered.
ADA (federal) and NYS Human Rights Law	Reasonable accommodation for a disability. The EEOC says unpaid leave can be a reasonable accommodation, even after FMLA is used up, unless it is an undue hardship. The NYS Division of Human Rights says pregnancy-related conditions are treated as temporary disabilities that need accommodation, which can include time off.	The ADA does not require paid leave beyond what your employer already gives. Ask HR for the district's accommodation process.
Workers' compensation	Medical care and wage benefits for an injury or illness caused by work.	Tell your employer in writing within 30 days. File the Employee Claim (Form C-3) with the Workers' Compensation Board within two years. Do not pay out of pocket for covered treatment. Your contract may add paid "injury leave."

Sources: Ed Law §3005-b · DOL FMLA Fact Sheet #28 · Fact Sheet #28S (school employees) · PFL public employers · NY Paid Sick Leave · Paid prenatal leave FAQ · EEOC PWFA · WCB claim fact sheet (checked Nov 8, 2026).

FMLA end-of-term rules for teachers (in short)

For "instructional employees" (teachers, coaches and others whose main job is to teach), a district may extend some leaves to the end of the term so a teacher does not return for only a few days. Examples from DOL Fact Sheet #28S: leave that starts more than 5 weeks before the term ends can be extended if it lasts at least 3 weeks and you would return in the last 3 weeks; leave for a new child or to care for family that starts in the last 5 weeks, or the last 3 weeks, has its own rules. The extra time does not count against your 12 weeks, and health insurance continues. Ask HR whether your district uses these rules.

4. When you run out: the ways to "borrow" more days

No state law creates a sick bank or an advance for teachers. They exist only if your contract (or a board decision) creates them. Here are the common types.

Ways to borrow sick days
Way	How it usually works	Pay back?	Long Island example
🤝 Sick leave bank	Members give some of their own days to a shared bank. A member who runs out applies; a committee or panel checks the rules (often a doctor's note and a minimum number of your own days used first).	Usually no, but check.	Half Hollow Hills: members can borrow up to 45 days, plus 60 more for serious illness, with a 105-day cap over two years (2019-2024 contract, Art. 16-H).
↩️ Advance / extended illness reserve	The district lends you future days now. You repay them from days you earn later.	Yes. If you leave first, the cost may come out of your last paycheck.	Commack: from your second year, a 30-day reserve (or more, at the Board's discretion) after your own days run out; repaid from future unused days, or taken from final pay if you leave (2023-2028 contract, Appendix F-1 item 21).
🏛️ Board-approved paid leave	For a serious illness after your days run out, the Board may vote to keep paying you.	No.	North Babylon: for a "qualifying event" (a seriously disabling illness such as cancer or a heart condition), the Board may pay full salary up to 22 workdays per event and 180 days in a career (Art. XIX B.1-B.2).
🎁 Donating days to a colleague	Some contracts let members give days to one named colleague; others only through the bank.	No.	Not described in the three contract summaries on this page. Ask your rep.
⏸️ Unpaid leave	FMLA (up to 12 workweeks), contract leaves (child-rearing, extended illness), or unpaid leave as a reasonable accommodation. Your job is protected; your pay stops.	No, but ask how health insurance premiums are paid.	Commack: unpaid family leave up to one year, renewable once with Board approval (Appendix F-1 item 18).
🧾 Disability retirement	If you cannot continue to work because of an illness or injury, NYSTRS may pay a disability retirement benefit.	No.	Ask NYSTRS. The NYSTRS Active Members' Handbook explains the rules.

5. Real Long Island contracts, side by side

From the teacher contracts we summarized on District contracts. Short facts only, with the article so you can read the full text. Contracts change; the signed contract and later MOAs always win.

Sick leave in three Long Island teacher contracts
Topic	North Babylon (NBTO)	Half Hollow Hills (HHHTA)	Commack (CTA)
Contract	2020-2024, extended by MOA to June 30, 2029	2019-2024 (expired; no successor found online)	July 1, 2023 - June 30, 2028
Days a year	10 sick + 2 personal business (Art. XIX B.1, C)	Tenured 13, non-tenured 12 (Art. 16-A1); personal: 3 tenured, 2 non-tenured (16-B1)	13 "leave days" for teachers new since July 1, 1991 (15 if hired earlier); personal days come out of these (App. F-1)
Saving days	Carry over, no stated cap; unused personal days added to sick leave	Save up to 390; unused personal days roll into sick leave	Unlimited accumulation; days above 200 are converted each year at 1 for 3 (App. F-2, F-3)
Doctor's note	May be required after 3 days in a row; required after 5	Not in our summary	Needed for an illness of more than 5 days in a row
Family illness	Up to 5 days a year, from sick leave (Art. XIX D)	Up to 5 days a year for a child, parent or spouse (16-A2)	Reasonable time at the Superintendent's discretion, from your yearly leave days (App. F-1 item 13)
Borrowing	Board may pay up to 22 workdays per serious event, 180 per career	Sick bank: 45 days, plus 60 for serious illness, 105 cap over two years (16-H)	30-day extended illness reserve from year 2, paid back (App. F-1 item 21)
Work injury	Full salary up to 22 workdays per injury, not from sick leave (Art. XXXII C)	Not in our summary	Not in our summary
Sell-back or bonus	Attendance bonus: $750 for no sick days in a year, $600 for one (Art. XIX B.10)	With 120+ saved days, sell up to 10 a year at 1 for 2 to 1 for 4 depending on absences (16-G)	Not in our summary
At retirement	Hired after June 30, 1988: 1 day's pay for every 2 saved days, up to 150 days of pay, into a 403(b) (Art. XIX H)	Incentive (2019-2024 only): value of 1/3 of saved days, cap 130 days' value, into a 403(b) (16-F)	1 day's pay for every 3 saved days (also if excessed, or resigning after 20 years); notify by Feb 15; into a 403(b) (App. F-2)
Official document	NBTO contract (PDF)	HHHTA contract (PDF)	CTA contract (PDF)

North Babylon pages: Art. XIX, pp. 20-27 (printed page numbers). Commack pages: Appendix F-1 to F-3, pp. 79-88. Half Hollow Hills: article numbers only. Deer Park, West Babylon, Lindenhurst and Wyandanch: the current teacher contract is not posted online, so ask your building rep for a copy (see District contracts).

Same 20 years, three contracts (made-up numbers)

A teacher uses 4 sick days every year for 20 years and never takes personal days. Personal days roll into sick leave where the contract says so.

North Babylon: (10 sick + 2 personal − 4 used) × 20 = 8 × 20 = 160 days saved.
Half Hollow Hills (tenured all 20 years, to keep it simple): (13 + 3 − 4) × 20 = 12 × 20 = 240 days (under the 390 cap).
Commack: personal days come out of the 13, so (13 − 4) × 20 = 9 × 20 = 180 days.

Same habits, very different balances. Read your own contract's numbers.

6. Days balance calculator

🧮 Project your days (runs only in this browser)

Type your own numbers from your pay stub and contract. Nothing is saved or sent. Starting values are made up.

Days saved today Sick days added each year Personal days that roll into sick leave each year Days you expect to use each year Cap on saved days (0 = no cap) Years to look ahead

A planned absence now

School days you will be out Days the sick bank grants Days advanced (paid back later) Your daily rate in $ (ask payroll)

At the end (retirement payout)

Contract pays 1 day for every … Most days of pay (0 = no limit)

…

A model, not a promise. It assumes the same use every year, repays any advance first from unused days, and ignores mid-year credit timing. Your contract and payroll decide the real numbers.

7. Ten scenarios (made-up numbers)

Each story is invented. The contract rules in examples come from the made-up "Example District" unless a real district is named. In real life, read your contract and ask.

1. New teacher, 3 days saved, needs surgery

Ms. A started in September. In January her doctor says she needs surgery and 6 weeks off (30 school days). She has 3 days saved. Daily rate (made up): $65,000 ÷ 200 = $325.

Own days: 3 paid days. 30 − 3 = 27 days still needed.
FMLA? Not yet: she has worked under 12 months. Ask HR about unpaid leave as a reasonable accommodation (ADA) and any contract leave.
Sick bank? Many banks require membership or a year of service. Ask the bank committee.
Advance? In Commack the reserve starts in the second year. In Example District, an advance of 10 days is possible: 27 − 10 = 17 unpaid days.
Pay lost: 17 × $325 = $5,525 (before taxes).

Documents: doctor's note with dates and "unable to work"; leave request letter. Ask: HR (eligibility, health insurance while unpaid), building rep (bank, advance). In writing: the dates, which days come from where, and how the advance is repaid.

Ask before day 1 of the leave. Each source has its own form and deadline.

2. Veteran teacher, out of days, long illness

Mr. B has taught 12 years but used his days for an earlier illness. He now needs 70 school days for treatment. He has 5 days left.

Own days: 5. Still needed: 65.
Sick bank (Half Hollow Hills-style): up to 45 + 60 for serious illness = 105 available. He needs 65: covered if the bank approves.
Or board leave (North Babylon-style): up to 22 workdays per qualifying event: 65 − 22 = 43 days left to cover another way.
FMLA: 12 workweeks ≈ 60 school days of job protection (5-day weeks). 70 days is longer, so ask for contract leave for the rest.

Documents: treatment plan, FMLA medical certification form, bank application. Ask: HR, bank committee, NYSTRS if he may not be able to return (disability retirement).

Apply to the bank early; a committee meets on its own schedule.

3. Caring for a sick parent

Ms. C's mother has a serious illness and needs her for 15 school days this spring. Ms. C has 60 days saved.

Family illness days: in North Babylon up to 5 a year come from sick leave. 15 − 5 = 10 still needed.
FMLA: caring for a parent with a serious health condition qualifies, so her job is protected for all 15 days.
Pay for the other 10: personal days (2), then unpaid days, unless the contract lets her use more sick days. 10 − 2 = 8 unpaid × $350 (made up) = $2,800.
NY PFL: pays partly for family care, only if her unit has PFL. Ask HR.

Saved days do not always cover family care. The contract decides how many.

4. Pregnancy and bonding

Ms. D expects a baby in March. Her doctor says 6 weeks of recovery after birth (30 school days). She wants to stay home until June (another 40 school days). She has 50 days saved.

Recovery is a disability: many contracts let you use sick days for it (Half Hollow Hills: "pregnancy disability can use sick leave"). 30 days from her 50 → 20 left.
Bonding is not illness: sick days usually do not cover it. Options: FMLA (12 weeks total, counting the 6 already used), unpaid child-rearing leave (North Babylon: for children under 5), NY PFL if her unit has it.
FMLA math: 12 weeks − 6 weeks recovery = 6 weeks (about 30 school days) protected. 40 − 30 = 10 more days need contract leave or the end-of-term rule.
Before birth: ask HR about PWFA accommodations (for example, time for prenatal appointments). The 20-hour NY paid prenatal leave law is for private-sector jobs.

Plan in writing by winter break: dates, which days are sick days, which are FMLA, which are unpaid.

5. Hurt at school

Mr. E slips on a wet hallway floor and breaks his wrist. He is out 12 school days.

Same day: tell the principal and nurse; ask for the district accident report.
Within 30 days: written notice to the employer (when, where, how).
Within 2 years: Form C-3 to the Workers' Compensation Board (online is fastest). Do not pay out of pocket for covered care.
Pay: in North Babylon, a job injury pays full salary up to 22 workdays per injury, not from sick leave. 12 ≤ 22, so his sick bank stays the same.

Ask HR how workers' comp and sick days fit together in your district before you sign anything.

6. Part-time teacher (0.5)

Ms. F teaches mornings only, half time.

Days: many contracts prorate. Example District: 0.5 × 12 = 6 sick days a year (half-days count as half).
FMLA: needs 1,250 hours in 12 months. Example: 20 hours a week × 40 weeks = 800 hours, so she is not yet eligible for FMLA. The "employer must prove it" rule in the FMLA regulation names full-time teachers.
Ask: HR how days are prorated and whether part-time staff can join the sick bank.

Count your own hours, including work at home, and keep a log.

7. Leaving the district

Mr. G has 90 saved days and takes a job in another district after 8 years.

Payout? Most payout articles are for retirement. Commack also pays on resigning after 20 years (1 for 3). After 8 years in Example District: no payout.
Transfer? Days usually stay with the old district. Ask the new district whether its contract credits days from another district.
Advance owed? If he borrowed days, Commack-style rules take the cost from final pay.

Before you resign, ask HR in writing: "What happens to my 90 days?"

8. Retirement payout

Ms. H retires with 240 saved days. Daily rate at the end (made up): $115,000 ÷ 200 = $575.

North Babylon-style (1 for 2, max 150 days of pay): 240 ÷ 2 = 120 days of pay (under 150). 120 × $575 = $69,000, deposited in her 403(b).
Commack-style (1 for 3): 240 ÷ 3 = 80 days × $575 = $46,000. Notice by Feb 15.
NYSTRS: payment for unused leave is not counted in final average salary (see Retirement).

Deadlines matter: miss the notice date and you may lose the payout.

9. Selling days back each year

Mr. I (Half Hollow Hills-style rules) has 150 saved days and no absences this year.

With 120+ days saved and 0 absences, he can sell up to 10 days at 1 for 2.
10 days ÷ 2 = 5 days of pay × $400 (made up) = $2,000.
His balance drops to 140 days.

Selling days gives money now but fewer days for a future illness.

10. Giving days to a colleague

A colleague has cancer. Ms. J has 200 saved days and wants to give 5.

Check the contract: some banks take donations only during an enrollment window; some let you give to one named person.
If the contract permits it: 200 − 5 = 195 days left for her.
Ask the bank committee in writing, and keep a copy of the donation form.

If your contract has no donation rule, your union can propose one in the next negotiation.

8. Leaving or retiring: what happens to your saved days

Payout is a contract benefit, not a state law. North Babylon pays 1 for 2 (up to 150 days of pay) for teachers hired after June 30, 1988; Commack pays 1 for 3. Both put the money into a 403(b). If a North Babylon teacher dies in service, the beneficiary gets 1 day's pay for every 3 sick days (Art. XIX H).
NYSTRS pension: payment for unused leave is not part of your final average salary (the NYSTRS Active Members' Handbook, updated October 2026, lists a narrow exception only for Tier 1 members who joined before June 17, 1971). We could not find an NYSTRS rule that turns unused sick days into pension service credit for teachers; ask NYSTRS before you count on any.
The "165 days" you may hear about is Section 41(j) of the NYS and Local Employees' Retirement System (ERS), not NYSTRS. If your employer offers it, ERS members can get service credit for unused, unpaid sick days, up to 165 days for most members (dividing the days by 260). It cannot be used to qualify for vesting or a better formula. School support staff in ERS: ask HR whether your district adopted 41(j) (NYS Comptroller).
Moving districts: ask both HR offices in writing before you resign.

9. Put it in writing: a leave request you can copy

Leave request (fill in the [brackets])

Letter text (stays on this device)

What you type stays on this device only.

10. Questions to ask (checklist)

Before any leave, ask…

Tick what you have done. Stays on this device.

I found the leave article in my contract and any MOA (ask my building rep for a copy). I checked my sick and personal day balance on my pay stub or with payroll. I asked if days are credited at the start of the year or month by month. I asked if there is a sick bank or advance, who can join, and the deadlines. I asked HR if I am eligible for FMLA and got the forms. I asked whether my unit has NY Paid Family Leave. For a work injury: I gave written notice and filed Form C-3. I asked how my health insurance is paid during unpaid days. I got the plan in writing and kept copies.

What you tick stays on this device only.

Sources

NY Education Law §3005-b, Leave of absence for personal illness (at least 10 days a year; at least 150 days accumulation) (checked Nov 8, 2026)
NY Civil Service Law §204 (Taylor Law): duty to negotiate (checked Nov 8, 2026)
U.S. Department of Labor: Fact Sheet #28, The Family and Medical Leave Act (checked Nov 8, 2026)
U.S. Department of Labor: Fact Sheet #28S, Rules for Certain School Employees under the FMLA (checked Nov 8, 2026)
29 CFR 825.110(c)(3): full-time teachers and the 1,250-hour test (govinfo.gov) (checked Nov 8, 2026)
NY Paid Family Leave: Public Employers (opt-in; bargaining for represented employees) (checked Nov 8, 2026)
NY.gov: New York Paid Sick Leave (private-sector employees) (checked Nov 8, 2026)
NY.gov: Paid Prenatal Leave FAQ (20 hours; private-sector; from Jan. 1, 2025) (checked Nov 8, 2026)
NY Labor Law §196-b and §190(3) ("employer" does not include a governmental agency) (checked Nov 8, 2026)
EEOC: What You Should Know About the Pregnant Workers Fairness Act (checked Nov 8, 2026)
EEOC: Employer-Provided Leave and the Americans with Disabilities Act (checked Nov 8, 2026)
NYS Division of Human Rights: Pregnancy guidance (checked Nov 8, 2026)
NYS Workers' Compensation Board: How to file a claim (30-day notice, Form C-3, two years) (checked Nov 8, 2026)
NYS Comptroller (NYSLRS/ERS): Additional Service Credit for Sick Leave, Section 41(j) (checked Nov 8, 2026)
NYSTRS Active Members' Handbook (disability retirement) (checked Nov 8, 2026)
Teacher contracts: North Babylon NBTO 2020-2024 with its MOA to 2029; Half Hollow Hills HHHTA 2019-2024; Commack CTA 2023-2028. Summaries from our District contracts page (checked Nov 7, 2026; re-used Nov 8, 2026).

Teacher Center · written for New York State teachers and school staff · last checked Nov 8, 2026. Robert Frost Middle School and Deer Park UFSD do not post the teacher contract online; ask your Deer Park Teachers' Association building rep for the leave articles.