ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

March 20, 2012

Employee found guilty of failing to comply with Department rules concerning absences for illness

Employee found guilty of failing to comply with Department rules concerning absences for illness
NYC Department of Sanitation v Kaplan, OATH Index #403/12

OATH Administrative Law Judge Kevin F. Casey sustained a number of disciplinary charges alleging that the employee failed to comply with Department rules with respect to absences on sick leave on several occasions.

The ALJ found that the employee had failed to provide required medical documentation a number of times, was AWOL once, and left his home without authorization three times while on sick leave.

Judge Casey, however, recommended the dismissal of five charges of absence from while on sick leave.

Notwithstanding the dismissal of five of the charges filed against the employer, Judge Casey, noting that he had been disciplined six times since 2000, including four times for a lack of medical documentation, recommended that the individual be suspended without pay for 53 days. 

The decision is posted on the Internet at:

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
Copyright 2009-2024 - Public Employment Law Press. Email: nyppl@nycap.rr.com.