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AMSTERDAM, N.Y. (NEWS10) — Since the pandemic, healthcare workers have been getting bonuses using state money from a program to help compensate essential workers. Those include healthcare employees at schools. However, a Capital Region school district is saying they made a mistake, and they want some of those bonuses back.
Healthcare workers at The Greater Amsterdam School District tell NEWS10 they were paid those bonuses four times and were shocked to learn the district was planning to take half of them back.
None of the workers wanted to speak to us on camera but they sent NEWS10 emails between them and the district.
In one email, the district admits two of the bonus payments were quote “made in error.” The message explains the district never applied for vesting periods #3 and #4, meaning they never got the state money to pay for the bonuses. So instead, the district stating they will take the money back through a payroll deduction beginning later in February. NEWS10 was told nearly 40 employees have been contacted about the repayment.
We spoke to Superintendent Richard Ruberti on the phone who explained the error. “The payments that were made inadvertently that shouldn’t have been prior to receiving the state money,” said Ruberti.
But according to the New York State Healthcare Worker Bonus program handbook, under frequently asked questions it asks, can an employer take back a HWB payment from an employee? the answer is no. once an employer pays a bonus to an employee under the HWB program, the employer may not take back any portion of that bonus.
The handbook notes “even if the claim is determined inappropriately paid.”
Superintendent Richard Ruberti acknowledges the mistake but says the district is still entitled to take the money back. “If the funding source was the state, we certainly can’t take that money back. If the district used our own District funds to make those payments, then we have the right to take that back and we actually have the obligation to take that back because it’ll be seen as a gift of the public funds,” said Ruberti.
Attorney Eric Schillinger tells me the law says differently. “Good business practice would be to say, that’s on our end and we’ll work that out and employees, you keep that money. The legislature has actually made that the law when it comes to certain bonuses paid in certain environments. Like healthcare workers for example,” said Schillinger.
The district says they will work with employees on the amount being deducted from their checks, but as of this report the deductions are moving forward.
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