
In New York City Schools, Substitute Teachers Are Systematically Denied Covid Sick Pay
Shane Lorenzen finally caught Covid days before Christmas in 2022.
A substitute teacher in New York City, he knew the state offered paid Covid leave to public employees — a key protection for essential workers put in place early in the pandemic. But when he asked his school payroll secretary about it, she informed him that as a sub, he didn’t qualify.
Like thousands of substitutes, Lorenzen helped prop up the city’s education system throughout the pandemic. He signed up in March 2020 to staff one of the education centers for the children of healthcare professionals, transit workers, and other frontline employees when regular schools were closed to other kids. During the omicron wave in January 2022, he was in the classroom as thousands of teachers went on sick leave.
When Lorenzen tested positive himself, the denial of paid leave felt like a slap in the face. He tried to insist — and was asked not to come back to his school.
Substitutes have been entitled to paid Covid leave since the state mandated the benefit in 2020, the New York state Department of Labor confirmed. But many subs assumed they didn’t qualify and never requested the benefit. And in New York City, many were denied even if they did ask.
***
When his school’s payroll secretary told Jack Ganley he was ineligible for leave, a teachers union representative instructed him to file a complaint with the Labor Department. Ganley, a substitute paraprofessional at a Brooklyn elementary school, decided not to file a complaint — or even raise the issue with school administrators.
“I can guarantee what the response would be, which would be we can’t help you,” Ganley said.
Multiple workers described a culture of retaliation in New York City public schools, with little recourse available to subs who are fired for filing grievances or otherwise challenging school administrators. Many of the subs who spoke to New York Focus requested anonymity for that reason.
Lorenzen was the only substitute interviewed who made a persistent attempt to claim his benefits.
When Lorenzen got sick, he emailed Nelson Mandela School for Social Justice in Crown Heights, Brooklyn, where he was substitute teaching full-time. Aware of the March 2020 law, Lorenzen made sure to mention Covid leave in his initial communication.
“I’m hoping that at this point I am entitled to sick pay, as I cannot afford to take time off, but do not want to come in if I am still symptomatic,” wrote Lorenzen in a December 20, 2022, email, reviewed by New York Focus, to Nelson Mandela’s payroll secretary and principal.
He tested positive the next day and stayed home for the last three days before winter break.
The payroll secretary wished him well, but ignored his inquiry regarding sick leave.
After winter recess ended, Lorenzen returned to the classroom and asked the school repeatedly whether he would receive pay for the missed days. The school eventually said he wouldn’t, because he wasn’t a full-time employee, though documents he provided to New York Focus show he was indeed working as a full-time substitute.
But it shouldn’t have mattered, Lorenzen believed. He shared with the school a public personnel memo from the doe stating that part-time workers qualified for the leave, too. According to a United Federation of Teachers spokesperson, subs have previously won their paid sick days through the union grievance process by citing the memo.
In a conversation on January 9, 2023, a recording of which was shared with New York Focus, Nelson Mandela principal Matthew Anderson told Lorenzen that the problem was technical: Because of an issue with payroll codes, the school was operationally incapable of releasing the benefits. Anderson did not respond to multiple email requests for comment.
It seems the principal’s hands were tied. The Education Department did not appear to have distributed the appropriate codes for per diem employees, payroll memos obtained through a public records request confirmed. Only “long-term substitutes” classified as “part-time” — rather than “per diem” — workers qualified for Covid leave, as officials told schools in dozens of emailed messages.
Lorenzen kept on insisting, sending email after email. Then, less than two weeks after returning from winter recess, an assistant principal informed him that it would be his last day at Nelson Mandela. Originally, Lorenzen said, his position was supposed to last until June.
Anderson, the principal, told Lorezen that he was being let go for budgetary reasons and that the school had teachers returning to fill his position, according to a recording of their meeting that day. A doe spokesperson noted that terminations of subs’ positions are typical upon the return of a regular staff member or a shift in school needs, especially during the pandemic.
When Lorenzen suggested that the school was retaliating against him, Anderson chided him for being confrontational.
“I don’t have anything to do with the money you’re missing,” he said. “Continue with the process and you’ll get your money. That’s an issue with the city and central services.”
Lorenzen filed a complaint with the Labor Department shortly after he lost his position, but he has not heard back.
Nearly a year later, he’s still waiting to receive his benefits.
Teddy Ostrow is a journalist from Brooklyn. He was the host of The Upsurge podcast, and his work has appeared in The Nation, The New Republic, In These Times, and elsewhere.
Co-published with New York Focus.
