2 Suffolk Correctional Officers Took False Leave From Work: DA

SUFFOLK COUNTY, NY — Two corrections officers working for the Suffolk County Sheriff's Office were arrested after they were accused of taking leave under the Family and Medical Leave Act ("FMLA") by falsely claiming they needed to miss scheduled shifts to care for sick relatives, Suffolk County District Attorney Raymond Tierney said Thursday.

Tyler J. Grauer, 34, of Blue Point, and Cheri Burke, 53, of Smithtown, were separately accused of multiple counts of first-degree falsifying business records and official misconduct, the DA said.

"The Family and Medical Leave Act is intended to help hard working families as they navigate difficult health situations," Tierney said. "The allegations here are that these defendants selfishly abused this law to gain extra time off from their jobs to the detriment of their colleagues and the public. I want to thank Sheriff Toulon for his assistance in this investigation, and for his continuing commitment to fighting public corruption."

Grauer and Burke both took leave under the FMLA on multiple occasions, each claiming that they needed to care for a close family member, prosecutors said. However, the investigators said that on the dates in question, neither Grauer nor Burke were taking care of their sick relatives but were instead doing other activities.

On certain dates that Grauer took FMLA leave, he was in New York while his sick relative was in Florida, the DA said.

On certain dates that Burke took FMLA leave, her sick relative was in North Carolina, while she was in either New York or Colorado, officials said.

Both corrections officers wrongfully received the benefit of taking time off from their respective jobs whenever they chose, and another corrections officer would often have to work overtime to cover their shifts, authorities said.

"The Suffolk County Sheriff's Office has no tolerance for people taking advantage of the system and swindling taxpayers," Toulon Jr. said. "Family medical leave is designed for employees in need due to serious family illness, and those who attempt to scam us for their own benefit will be held accountable. Make no mistake, this not typical behavior of the hardworking men and women of the Sheriff's Office, and I want to thank the District Attorney’s Office for working with us on this investigation to hold these officers responsible for their actions."

Grauer and Burke were arrested on Thursday and each charged with first-degree falsifying business records, a felony, and official misconduct. Both defendants were given a desk appearance ticket to appear in court for arraignment on a future date.

Grauer’s next court date is scheduled for Jan. 10 in Suffolk County First District Court in Central Islip and he is being represented by Edward Palermo. Burke’s next court date is scheduled for Jan. 9 in Southampton Town Justice Court in Hampton Bays and she is being represented by John Ray.