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: