Tuesday, August 20, 2013

SUNY at Albany's sabbatical leave policies and procedures reviewed by the State Comptroller

SUNY at Albany's sabbatical leave policies and procedures reviewed by the State Comptroller
Source: Office of the State Comptroller

A State Comptroller’s audit reports that State University of New York at Albany [SUNY-Albany] officials “failed to consistently follow guidelines for sabbatical leaves and granted questionable paid leave to other employees, unnecessarily costing taxpayers more than $1 million.”The Comptroller recommended that SUNY-Albany “Take actions as needed, including the recovery of improper compensation payments, to address the matters presented.”

As to efforts to recover “improper compensation payments," in Trumansburg Central School District v Chalone, 87 A.D.2d 921, the Appellate Division agreed with the School District that it could recover the salary it paid to an educator during his sabbatical leave when he failed to return to his position as agreed upon completion of the leave.

Similarly, in State of New York v Gordon, 102 A.D.2d 990, affirmed, 64 N.Y.2d 712, the court ruled that the employer could recover the cost of the benefits it provided to an individual placed on leave for training purposes in the event he or she fails to return to his or her job.

Also, the State Comptroller has advised that a municipality may adopt a resolution requiring employees who are sent to schools for specialized training at the municipality’s expense in order to qualify for a promotion to reimburse the municipality for the cost of such training if they resign from their position within a specified period of time (Op. St. Comp. 82-4). 

* The Comptroller’s SUNY-Albany audit report is posted on the Internet at:

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Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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