Suspended employee found to have submitted required documents at the earliest date practicable
NYC Department of Sanitation v McCaffrey, OATH Index #2518/10
OATH Administrative Law Judge Alessandra Zorgniotti recommended dismissal of charges that a sanitation worker, John McCaffrey, had failed to report to the clinic on two days as ordered and had failed to submit adequate documentation of his claim that he was unable to travel on those dates.
Judge Zorgniotti found McCaffrey had a legitimate medical excuse, which prevented him from traveling on those days.
Under Department rules the worker had five business days from the date he was ordered to appear and supply the clinic with a note, but McCaffrey was not permitted to submit one because he was on suspension.
Instead, McCaffrey submitted the note on the day his suspension was lifted. Because McCaffrey had submitted the note at the earliest practicable time following the termination of his suspension, Judge Zorgniotti said she found the submission timely under relevant circumstances.
The decision is posted on the Internet at:
http://archive.citylaw.org/oath/10_Cases/10-2518.pdf
NYPPL