Failure to fulfill the requirements for an extension of a leave of absence

Failure to fulfill the requirements for an extension of a leave of absence

OATH Index No. 749/14

New York City Office of Administrative Trials and Hearings Administrative Law Judge John B. Spooner recommended the termination of employment of a service aide for excessive absence and absence without leave.

The ALJ rejected the aide’s claim that he was unable to work due to disability and that his employer improperly denied his leave request.

Judge Spooner noted that the employee had been granted a two-month medical leave and was told that if he needed to extend the leave he must request the extension with documentation of his “diagnosis, prognosis, and dates unable to work” prior to the expiration of the leave. 

ALJ Spooner found respondent failed to fulfill the requirements for an extension. His formal extension request was filed months late and the medical notes he submitted gave no information as to treatment and were vague as to prognosis.

The decision is posted on the Internet at http://archive.citylaw.org/oath/14_Cases/14-749.pdf
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A court’s review of an administrative decision supported by substantial evidence is limited to determining if it was arbitrary, capricious or affected by error of law

A court’s review of an administrative decision supported by substantial evidence is limited to determining if it was arbitrary, capricious or affected by error of law

2014 NY Slip Op 04637, Appellate Division, Fourth Department

Petitioner [Plaintiff] commenced this proceeding pursuant to CPLR Article 78 challenging an administrative determination terminating his General Municipal Law §207-c benefits on the ground that his current disability was not related to an injury suffered on-the-job.

Supreme Court refused to transfer the proceeding to the Appellate Division pursuant to CPLR §7804(g), holding that Plaintiff’s petition did not raise an issue involving whether the administrative decision was supported by substantial evidence.

The Appellate Division affirmed the Supreme Court’s decision explaining that "Where, as here, a petition does not raise a substantial evidence issue, a court's inquiry is limited to whether [the administrative determination] was arbitrary, capricious or affected by error of law."

In this instance, said the Appellate Division, the record supports the Supreme Court’s conclusion that the administrative decision terminating Plaintiff’s General Municipal Law §207-c benefits “was neither arbitrary and capricious, i.e., without sound basis in reason and . . . without regard to the facts … nor affected by an error of law.”

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An educator is eligible for unemployment insurance benefits during the summer recess unless given a reasonable assurance of continued employment in the next semester

An educator is eligible for unemployment insurance benefits during the summer recess unless given a reasonable assurance of continued employment in the next semester
Matter of Erie Community Coll. [Commissioner of Labor], 2014 NY Slip Op 04995, Appellate Division, Third Department

An adjunct professor [Professor] employed by Erie County Community College taught two courses during the Spring semester. In April Professor received an offer to teach two courses in the following Fall semester at the same rate of pay. Professor accepted the offer and then applied for unemployment insurance benefits for the summer recess period.

Notwithstanding §590.10 of the Labor Law, which, in pertinent part, provides that a professional employed by an educational institution is ineligible for unemployment insurance benefits for any period between two successive academic years when he or she has received a reasonable assurance of continued employment, the Unemployment Insurance Appeal Board determined that Professor was eligible to receive unemployment insurance benefits during the recess period.*

The Board explained that it a reasonable assurance of continued employment by the College was lacking as the College’s offer of employment for the fall semester given to Professor indicated a current full-time professors could, at any time up to the first day of classes, displace Professor and teach the courses assigned to him themselves.

The Appellate Division sustained the Board’s determination, explaining that the question of whether a claimant received a reasonable assurance of reemployment for the following academic year is a question of fact and, if the Board's findings in that regard are supported by substantial evidence, it will not be disturbed.

The Appellate Division concluded that the Board's decision was supported by substantial evidence and declined to disturb it.

*§590.11 of the Labor Law applies with respect to the non-professional staff of an educational institution.