Failure to fulfill the requirements for an extension of a leave of absence
OATH Index No. 749/14
New York City Office of Administrative Trials and Hearings Administrative Law Judge John B. Spooner recommended the termination of employment of a service aide for excessive absence and absence without leave.
The ALJ rejected the aide’s claim that he was unable to work due to disability and that his employer improperly denied his leave request.
Judge Spooner noted that the employee had been granted a two-month medical leave and was told that if he needed to extend the leave he must request the extension with documentation of his “diagnosis, prognosis, and dates unable to work” prior to the expiration of the leave.
ALJ Spooner found respondent failed to fulfill the requirements for an extension. His formal extension request was filed months late and the medical notes he submitted gave no information as to treatment and were vague as to prognosis.
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