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When is a faculty member employed?

When is a faculty member employed?
Aljandari v Buffalo Bd. of Education, 245 A.D.2d 647, Motion for leave to appeal denied, 93 N.Y.2d 815, decided with Smith v Buffalo Board of Education.

In the Aljandari case the Appellate Division sustained a determination by the Unemployment Insurance Appeals Board that Aljandari and other "totally unemployed" teachers were entitled to unemployment insurance benefits during the school's summer recess.

The Appellate Division said that the fact that some of the teachers "were eligible for fringe benefits during the summer and elected to have their salary prorated to extend during this time" did not "compel the conclusion" that they were not totally unemployed during the summer.

In effect, the Court ruled that it was the term of the teacher's "professional obligation" rather than his or her payroll mode [21 pay periods or 26 pay periods] that was the critical element.

Full post as published by New York Public Personnel Law on February 17, 2010 (boomark / email).