Selected links to judicial and administrative decisions involving an employee's "absence" from work

An employee's absence from work may be based on various reasons or excuses alleged or claimed by the individual. Below are a number common absences from work that served as the genesis for litigation in New York courts.

Accruing vacation and sick leave credits during leave for ordered military leave

Alleged abused the school district’s leave provisions, http://www.counsel.nysed.gov/Decisions/volume39/d14280.htm

Applying the provisions of Civil Service Law §§71, 72 and 73

Determining the compensation to be paid a teacher absent from work when “school is in recess”

Extension of the probationary period as the result of absence during the probationary period

Employee’s reporting feeling “tired, lethargic, fatigue-ish and ill” insufficient notice to trigger the protections of the FMLA

Filing disciplinary charges against an employee where the absence is due to an injury or disease

Negotiating paid religious holidays  

Requiring employees absent on sick leave to be examined by a physician designated by the employer before returning from such leave

Uninterrupted Civil Service Law §72 absence for one year or more permits termination of employee pursuant to §73 of the Civil Service Law

Workers’ compensation leave pursuant to Civil Service Law Section 71

NYPPL's E-book focusing on disability leave for fire, police and other public sector personnel is available for purchase from BookLocker. For information and access to a free excerpt of the material presented in this e-book, Click HERE

In addition, the New York State Workers’ Compensation Board continues to offer its webinar series for workers and their advocates. Workers’ Comp 202: Best Practices to Access Benefits for Workers, A presentation by the Office of the Advocate for Injured Workers.  Webinars currently scheduled are listed below.

The sessions are free and time for questions is provided.

Tuesday, October 2, 2023
10:00 A.M. - 11:30 A.M.
Register here

Wednesday, December 13, 2023
10:00 A.M. - 11:30 A.M.
Register here

Topics include:

• Understanding labor market attachment
• Details on benefit periods and how benefit rates are calculated
• The importance of items such as the degree of disability and the Carrier Continue Payments (CCP) order
• How advocates can help workers and comply with privacy provisions
• The Workers’ Compensation Board’s New York Medical Treatment Guidelines, and more!