ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

February 10, 2012

More on the liquidation of leave credits upon separation from service


More on the liquidation of leave credits upon separation from service

As a follow-up to a NYPPL posting replying to an inquiry concerning the liquidation of leave accruals upon separation,* a reader asks: Is an employee terminated for cause entitled to payment of accrued vacation leave credits?

Among the decisions in NYPPL’s files addressing this issue is Rubinstein v Simpson, 109 AD2d 885.

In Rubinstein the Appellate Division said no, explaining that in the absence of a statutory or contractual right to such payment, the employer does not owe the dismissed individual  any payment for his or her unused vacation leave accruals upon his or her termination for cause.

The State's Attendance Rules for the Classified Service (4 NYCRR 30.1), which apply to employees of the State as the employer, provides that "No employee who is removed from State service as a result of disciplinary action, or who resigns after charges of incompetence or misconduct have been served, shall be entitled to vacation credits...."

A number of municipal civil service commissions have adopted a similar rule. According to Rubinstein, such a rule is not necessary. Unless there is some statutory or contractual right to such payment, the employer may lawfully refuse to liquidate the dismissed employee's leave accruals.

However, under certain circumstances such payment to an individual terminated from service is required. For example, when an employee was earlier refused permission to use leave credits “because of the demands of work” and was later terminated, the Appellate Division ruled that the employee was entitled to payment for his unused leave accruals. (See Clift v City of Syracuse, 45 AD2d 596.)


CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com