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Abuse of leave credits

Abuse of leave credits
Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/
Reproduced with permission. Copyright © 2010, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved.

Matter of Stewart, ____A.D.3d_____(1st Dep't. April 15, 2010), demonstrates that an attorney employee can be disciplined for misconduct at the workplace. Here, the attorney pleaded guilty to one count of petit larceny in violation of Penal Law §155.25, a class A misdemeanor, in full satisfaction of all charges brought against her for providing a false document. Her purpose was to receive paid leave to which she would have otherwise not been entitled. On October 10, 2008, she was sentenced to a one-year conditional discharge. The court suspended her from the practice of law for 6 months.

Mitchell H. Rubinstein

Randall comments: Stewart was employed by the Bronx Leadership Academy II, a public school, at the time. She was charged with submitting an altered death certificate in order to improperly obtain bereavement leave. The Steward decision suggests that an employee, in addition to, or as an alternative to, facing administrative disciplinary action for such misconduct, could be charged with violating §155.25 of the Penal Law if he or she attempts to justify charging his or her absence to accrued leave credits using forged or false documents.

The decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2010/2010_03047.htm

Full post as published by New York Public Personnel Law on June 13, 2010 (boomark / email).