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

February 25, 2017

The provisions of a contract between the parties held to control the number of days of accumulated vacation leave credits to be paid the employee upon his or her separation from service


The provisions of a contract between the parties held to control the number of days of accumulated vacation leave credits to be paid the employee upon his or her separation from service  
Wilson v Poughkeepsie City School Dist., 2017 NY Slip Op 01404, Appellate Division, Second Department

Former Poughkeepsie School Superintendent Laval Wilson sued the Poughkeepsie City School District [Poughkeepsie] for breach of contract when it refused to pay him for certain accumulated vacation leave credits that Wilson alleged was due him when left the employ of the school district.

Paragraph 8(b) of Wilson's employment contract with Poughkeepsie permitted him to accumulate "up to a total of fifteen (15)" days of vacation leave. However, another provision in the contract provided that Wilson could "carry over ... 5 vacation days per year."

Although Poughkeepsie paid Wilson for his 15 accumulated vacation days when he left its employ, Wilson contended that he was also entitled to be paid for an additional 22 days of accumulated vacation credit attributed to his "carry over" of certain vacation days while employed by Poughkeepsie and thus he was due payment for a total of 37 accumulated vacation days at the rate of $920 per day. Accordingly, Wilson claimed that Poughkeepsie still owed him $20,240 ($920 x 22 days).

Poughkeepsie, on the other hand, argued that the contract provided that Wilson was entitled to a specified number of paid vacation days each year, which accrued on a monthly basis, and upon leaving employment with the school district after three years of employment, he would be paid for his accumulated vacation days not to exceed a total of fifteen days of vacation credit accruals.

The Appellate Division agreed with Poughkeepsie's interpretation of the contract between the parties, explaining that in its view:

1. Paragraph 8(b) of the contract between the parties set a 15 day limit on the amount of vacation credit Wilson could accumulate.

2. Although another clause in the contract specified that Wilson could "carry over"  a maximum number of vacation days - five days - per year, the 15-day limit in paragraph 8(b) did not include any reference to a particular time frame and thus barred Wilson from accumulating more than 15 paid vacation days during the entire course of his employment..

The Appellate Division said that a contract is to be construed in accordance with the parties' intent, which is "generally discerned from the four corners of the document itself." Here, said the court, the contract barred Wilson from accumulating more than 15 paid vacation days during the entire course of his employment and held that Wilson’s claim that he was entitled to be paid for a total of 37 vacation days when he left his position with Poughkeepsie “is utterly refuted by the unambiguous terms of the contract.”

The decision is posted on the Internet at:

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