Letters have again been sent to New York cemeteries serving the Jewish community and to the New York Gravediggers Union, asking for their full cooperation in meeting requests for burials of Jews on legal holidays, as required by state regulations, when the cemeteries are usually closed, the National Jewish Commission on Law and Public Affairs (COLPA), which sent out the reminders, reported today.
Howard Zuckerman, COLPA president, said an advisory letter, containing a summary of the burial rules promulgated by the New York State Cemetery Board, plus a copy of the full text, was also sent to the counsel for the New York State Cemetery Association, James Flynn; to the 40 directors of funeral homes, members of the cemetery association which serve the Jewish community; and to major Jewish organizations.
Dennis Rapps, COLPA executive director, said the effort to publicize the rules was again based on COLPA’s experience that much confusion arises during the period beginning with Thanks giving and ending with Washington’s Birthday.
Rapps said that many Jews and even some directors of funeral homes serving Jews have turned out to be unaware of the fact that burials may, under law, be arranged on legal holidays which normally are contractually set up as non-working days for gravediggers and cemetery personnel.
CEMETERY BOARD RULES
Rapps said the rules were developed by the Cemetery Board in response to a COLPA effort prompted several years ago by bereaved families being unable to obtain burials on legal holidays, in compliance with Jewish religious requirements for speedy burial after death.
The Cemetery Board rules require that the bereaved family must make its request by 9 a.m. of the holiday. In the absence of compelling reasons barring acceptance of such requests, the cemetery officials must by 10:30 a.m. of the holiday, advise the funeral director, the bereaved family and the person making the request, that the cemetery can comply, and fix the time of the burial at that point.
If the cemetery cannot comply with the request, it must so advise the family and funeral director orally and by letter, explaining why; and send a copy of that statement to the Cemetery Board.
In addition to the regular approved burial charge, identifiable extra costs incurred in the burial may be charged if the total amount to be paid is stated in writing to the bereaved family at the time of its request for the burial, with a copy of that statement simultaneously filed with the Cemetery Board. This is a reference to the provisions for overtime pay in the contract between the Cemetery Association and the Gravediggers Union, Local 365.
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