New York Public Personnel Law

Summaries of, and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State in particular and possibly in other jurisdictions in general.

Aug 17, 2012

Only educators holding valid New York State teacher’s certificate are entitled to Jarema service credit in meeting probationary service requirements

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Only educators holding valid New York State teacher’s certificate are entitled to Jarema service credit in meeting probationary service requ...
Aug 16, 2012

Off-duty police officer not acting in the performance of his or her duties at the time of his or her injury not eligible for General Municipal Law §207-c benefits

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Off-duty police officer not acting in the performance of his or her duties at the time of his or her injury not eligible for General Municip...

Workers’ Compensation benefits for injury as a participant in an “off-duty athletic event” depends of the nature of the employer’s sponsorship

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Workers’ Compensation benefits for injury as a participant in an “off-duty athletic event” depends of the nature of the employer’s sponsorsh...

Deeming an individual’s absence without permission a resignation from, or abandonment of, the position

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Deeming an individual’s absence without permission a resignation from, or abandonment of, the position New York State Off. of Mental Health ...

Payments in contemplation of retirement excluded in determining an individual’s final average salary for purposes of retirement

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Payments in contemplation of retirement excluded in determining an individual’s final average salary for purposes of retirement Franks v DiN...
Aug 15, 2012

Disciplinary action follows employee’s refusal to report to a new workstation

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Disciplinary action follows employee’s refusal to report to a new workstation New York City Human Resources Administration v Griffin, OATH I...

Some decisions concerning using civil service eligible lists

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Some decisions concerning using civil service eligible lists NYPPL readers have asked about "using civil service eligible lists" i...

Appointing authority may not summarily terminate an individual’s General Municipal Law §207-c disability benefits

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Appointing authority may not summarily terminate an individual’s General Municipal Law §207-c disability benefits Kempkes v Downey, 53 AD3d...
Aug 14, 2012

Standards used in higher education for granting or denying faculty members tenure not applicable to faculty in a primary or secondary school

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Standards used in higher education for granting or denying faculty members tenure not applicable to faculty members seeking tenure in a prim...

Prior litigation does not bar revaluation of disabled employee’s ability to perform the duties of the position

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Prior litigation does not bar revaluation of disabled employee’s ability to perform the duties of the position Bett v City of Lackawanna, 53...
Aug 13, 2012

Neither confusion concerning the administrative procedure nor an agency employee's incorrect information toll the running of the Statute of Limitations for filing an appeal

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Neither confusion concerning the administrative procedure nor an agency employee's incorrect information toll the running of the Statute...

Employee’s claim that she did not receive notice of disciplinary charges mailed to her rebutted by employer’s evidence of proper mailings

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Employee’s claim that she did not receive notice of disciplinary charges mailed to her rebutted by employer’s evidence of proper mailings Ka...
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