In re the Claim of Flax

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 13, 1988.

Pursuant to Labor Law § 591 (3) (a), "[n]o benefits shall be payable to a claimant for any day during a paid vacation period”, which is defined as "the time designated for vacation purposes in accordance with the collective bargaining agreement” (Labor Law §591 [3] [b]). Claimant herein was employed as a college assistant and at the end of the fiscal year he had a number of hours of accrued annual leave. The collective bargaining agreement provided that where unused leave remained to the credit of a…