RIF & Non-Renewal FAQ

This FAQ page will be frequently updated as we gather more information.

Information on Unemployment Benefits

 

Where can I get information about COBRA Health Benefits?

For more information regarding COBRA visit http://www.nj.gov/treasury/pensions. Follow the links.

 

Where can I go to file a NJ Unemployment Insurance Claim?

Online or by telephone. Special filing instructions for out of state residents and for individuals can be found at the following link: http://www.njuifile.net/. More information about unemployment is available at: http://lwd.dol.state.nj.us/labor/ui/ui_index.html

 

Can I receive benefits during the summer if I am a school employee?

Terms are different; however, a general rule is you can begin to collect as soon as you become unemployed.

 

New Jersey School Boards Association FAQs:

http://www.njsba.org/legal_02/rif-faq200605.pdf

 

What is the difference between a non-renewal and a RIF?

A non-renewal is a non-tenured staff member who is not being asked to continue their employment for the following year. A RIF is a Reduction in Force as a result in the elimination of a position for reasons of economy.

 

Did my military service count toward seniority?

Yes. Certain military service does count toward seniority. N.J.S.A. 18A:28-11.1, 12. Under state law, employees can only get credit for up to four years of military service. However, federal law places no cap on the number of years of military service that may be credited for seniority. 38 U.S.C. 4316(a). Boards should consult with their board attorneys concerning the inconsistency in these laws.

 

Did ETEA have an attorney review the seniority list?

Yes.  Several hours were spent, on the phone, reviewing the list and every single question posed to ETEA.

 

If I get rehired, where do I start on the salary guide?

If a staff member, including a paraprofessional, is terminated then rehired they will begin at the next step where they were to begin the next school year.

 

Can a staff member be rehired in the same building, or in a different building but have a different assignment?

Yes. That has always been the case.  A member can be reassigned at any time.

 

Can a staff member, not Rifed, be assigned to another building or assignment?

The answer is yes for the same reasons in the previous question.

 

What happens to my Professional Development Hours if I am Rifed or non-renewed?

Any teacher starting in a new district must have a letter from the Superintendent of his/her previous district to verify any professional development hours. Otherwise the new district is not required to verify those teachers hours

 

If I am non-renewed and want to apply for a posted position, do I need to reapply?

Yes.  You need to begin the process from the beginning.  Please be aware that only positions where a tenured teacher cannot fill the vacancy will be posted.

 

Do I lose my sick days if I am Rifed?

A RIF is not a resignation. If an employee qualifies for reimbursement of these days, they must resign (as per retirement guidelines). In doing so, an employee eliminates their right to recall

 

If I am asked back as a long term substitute, does that affect my recall?

No.  If you accept a substitute job, you do not give up your rights to a tenure track position.

 

If I refuse a position because it is not the same as my previous, will that affect my recall rights?

Yes.  If you refuse a position to which you are eligible, then you will be removed from the recall list.

 

What is the call back process?  How is the recall list created?

When there is an opening in a position, and a Rifed member has the certification/qualification for that position, the member will be called to fill that position.  The order is determined by years.  The last one Rifed is the first one rehired.  The list is created by certification/position and years worked.

 

Will a tenure track teacher be called back for a long term substitute position before asking a long term sub working in the district?  If so, will they continue be under contract for that year or will they be hired as a long term sub?

A Rifed teacher could be offered a position as a long-term sub, although there is no right to that position.  Accepting a long-term sub position is not the same as accepting a tenure track position.  The member is hired as a long-term sub.

 

Why have they deducted calendar days not work days from my years?

In regard to extended leave, and as confirmed by the NJEA lawyer, by law, calendar days are deducted.