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December 12, 2011

Disabled firefighters on §207-a leave not entitled to same leave benefits as are available to active firefighters


Disabled firefighters on §207-a leave not entitled to same leave benefits as are available to active firefighters
Chalachan v. City of Binghamton, 81 A.D.2d 973, affd. 55 N.Y.2d 989

The Appellate Division considered a claim by firefighters receiving disability benefits under Section 207-a of the General Municipal Law that in addition to those benefits, they were entitled to vacation benefits under their collective bargaining agreement.

The court dismissed the claim holding that “if every benefit provided active firefighters in the collective bargaining agreement was intended to include disabled firefighters covered by Section 207-a...the contract should contain language to so provide...(the) contention that they are members of their union...entitled to each and every fringe benefit for which active firefighters work daily is without merit. They do not work to earn vacation pay. They are already paid 52 weeks each year and their construction of the agreement to give them pay for 56 weeks (per year) is rejected”.

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