FLORENCE FRABIZIO V. BOARD OF EDUCATION OF FARMINGDALE, MONMOUTH COUNTY, 2/26/01 (#66-01)

66-01
FLORENCE FRABIZIO, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF 	DECISION
FARMINGDALE, MONMOUTH COUNTY, 	:
RESPONDENT. 	:
_______________________________________:
SYNOPSIS
Petitioning administrative secretary challenged the Board's refusal to restore sick and vacation
time for the period she was absent from work because of a temporary disability. 	The Board
argued that the petition was not timely filed and challenged the restoration of sick and vacation
time.
The ALJ determined that, because a judge of Workers’ Compensation awarded petitioner
temporary disability benefits, she is entitled, pursuant to statute, to receive full salary for a period
not to exceed one year while temporarily disabled. 	The ALJ thus ordered that petitioner be
restored 	all 	sick 	and 	vacation 	days 	for 	the 	period 	from 	November 	19, 	1998 	to
November 18, 1999.
The Commissioner affirmed the decision of the ALJ for the reasons stated therein.
February 26, 2001

9
OAL DKT. NO. EDU 10050-99
AGENCY DKT. NO. 289-9/99
FLORENCE FRABIZIO, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF 	DECISION
FARMINGDALE, MONMOUTH COUNTY, 	:
RESPONDENT. 	:
_______________________________________:
The record and Initial Decision issued by the Office of Administrative Law have
been reviewed. No exceptions were filed by the parties.
Upon review of the record, the Commissioner agrees with and adopts as his own
the findings and legal conclusions reached by the Administrative Law Judge that the petition of
appeal 	in 	this 	matter 	was 	timely filed 	pursuant 	to 	N.J.A.C. 	6:24-1.2(c) 	and 	that, 	from
November 19, 1998 to November 18, 1999, respondent may not charge petitioner with the use of
sick days or vacation time because of her absence from work. N.J.S.A. 18A:30-2.1.
Accordingly, for the reasons set forth in the Initial Decision, petitioner’s motion
for summary judgment is granted.
IT IS SO ORDERED. *
ACTING COMMISSIONER OF EDUCATION
Date of Decision: February 26, 2001
Date of Mailing: February 26, 2001
* This decision, as the Commissioner’s final determination, may be appealed to the State Board of Education
pursuant to N.J.S.A. 18A:6-27 et seq. and N.J.A.C. 6A:4-1.1 et seq., within 30 days of its filing. Commissioner
decisions are deemed filed three days after the date of mailing to the parties.