Legal Question in Employment Law in New York

being required to work extra days without pay in order to take unpaid leave

I am a teacher from NY. A fellow teacher receive a gift trip to Hawaii from her family. The datesd were set & everything paid for & it was during the school year. Our contrtact states we can take unpaid leave with prior approval. This teacher asked for & received an ok from the principal but the superintendent denied it unless she agreed to work a matching 6 days during the summer without pay. The union at 1st told her to take the deal or cancel the trip. After some pushing by a few of us other teachers they got the super down to 3 days of unpaid summer work. My friend felt she had no choice but to agree.

Was this legal?


Asked on 2/16/09, 10:48 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: being required to work extra days without pay in order to take unpaid leave

Although the contract says its okay, it isn't that simple to get it. I think that the only choice would be to agree "under protest" and then ask the union to grieve it, and take it to arbitration.

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Answered on 2/16/09, 11:45 am


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