Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law

Labor & Employment Law

: New York Public Personnel Law

Employee docked 20 days of vacation credit as the penalty for being AWOL

Employee docked 20 days of vacation credit as the penalty for being AWOL
Matter of Bland v Kelly, 2008 NY Slip Op 08987, decided on November 18, 2008, Appellate Division, First Department

New York City Police Commissioner Raymond W. Kelly found Venisia Bland guilty of being absent from two assignments at a ?high-security post? without permission or police necessity. He imposed the penalty of her forfeiture of 20 vacation days.

The Appellate Division unanimously confirmed the Commissioner?s determination, finding that substantial evidence, including Bland's testimony admitting that she was absent from two overtime assignments, supports his findings. While Bland asserted that she had the approval of her supervisor and the desk officer to be absent from one of the assignments due to a family emergency, this claim was denied by the desk officer.

Citing Penney v Kelly, 16 AD3d 342, the court said that the penalty of a forfeiture of 20 vacation days ?does not shock the conscience? in light of Bland's service record and her admitted absence from two overtime assignments.

The full text of the decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2008/2008_08987.htm

Full post as published by New York Public Personnel Law on November 20, 2008 (boomark / email).