14 Questions and Answers on Reinstatement Process for NYC Unvaccinated Workers

Last week unvaccinated NYC workers met privately to put together a list of questions for NYC (DCAS) regarding the newly announced reinstatement process. Phyillis Inserillo, the Chief of Staff for Minority Leader Joann Ariola in City Council, helped lead the process and obtain answers to all of our questions. Below are the questions we asked along with the answers from DCAS.

(NOTE - DCAS is the Department of Citywide Administrative Services in NYC. Think of it as the City of New York’s human resource division.)

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1. Both the announcement and the notice of hearing the rule state “ Reinstatement of employees dismissed for non-compliance with the Covid 19 vaccination mandate. I want to confirm that dismissed is defined as, terminated, forced to resign or forced to retired.

   1. The rule applies only for employees who were terminated. If they resigned or retired, they do not qualify for reinstatement.

2. Can the workers request reinstatement now or do they have to wait for the rule hearing to be over?

   1. Employees terminated for non-compliance with the vaccine mandate have until December 5^th to express interest in returning to City service.

3. Is there a time between the hearing and when the rule goes into effect?

   1. After DCAS completes its required public hearing, currently scheduled to take place on November 19, the City expects to send the proposed rule to the State Civil Service Commission (SCSC) for its review and approval. Once the SCSC approves the rule, it goes into effect.

4. I noticed that the sunset date on the rule is December 31 of 2027- will the period for any workers to return be open until that date?

   1. To emphasize, employees terminated for non-compliance with the vaccine mandate have until December 5^th to express interest in returning to City service.

   2. The sunset date of the rule is a mechanism to account for the rule to be removed once its function is complete. The date itself allows for an excessive period of time to allow the rule adoption and implementation process to be complete.

5. I also noticed that the press release stated the worker must contact their HR dept by December 5th of this year. Is that the deadline?

   1. Yes.

6. How is NYC doing outreach to inform fired unvaccinated workers that may want to be reinstated?

   1. The City has issued a Mayoral press release on November 5 that was picked up by citywide outlets including NY1, amNY, and Gothamist, as well as local outlets such as the Queens Gazette and Staten Island Advance, among others.

   2. A notice of the upcoming public hearing on the proposed personnel rule ran in the City Record on November 5. The public hearing will be held on November 19.

7. Can NYC send an email to anyone who left service from 2021 to 2022 (when the mandate was implemented)?

   1. The City is not conducting direct outreach to employees who left City service during these two years.

8. Will there be a grace period for training, professional development or licensing issues that may be out of date and time given to the former employee to get get up to date?

   1. Individuals returning to their civil service title are subject to any requirements for that title, including investigation, medical or other qualifying tests or requirements.

   2. Agencies have been instructed that employees who meet all qualifications must be returned to their former civil service title.

   3. Returning employees should work directly with their former agencies to determine their return date.

9. Will employees be reinstated back to the buildings they were in at the time of separation from city service?

   1. The City is offering former employees terminated for non-compliance with the vaccine mandate an opportunity to return to their previous civil service title, salary, and seniority. Employees are not entitled to return to their previous assigned work location.

10. Will agencies give a specific point of contact and not a do not reply email?

    1. Each agency will provide terminated employees who have expressed interest in returning to city service with a designated liaison to support their return to service.

11. Will members coming back be placed on any probationary period?

    1. No.

12. Will tenured teachers be forced into untenured status, or will their tenure be honored?

    1. It is our understanding that teachers will retain tenure. For more information, please reach out to NYCPS.

13. I have asked this question already but just want to confirm that workers do not have to sign a waiver of any type to return.

    1. Returning employees will not be asked to sign a waiver to be eligible for this program.

14. Will there be any questions from attendees answered at the hearing?

    1. The hearing is a forum for testimony. Terminated employees may reach out to their former agency’s human resource team with any questions.