Napping during work hours
The appointing authority filed disciplinary charges alleging that an employee [1] failed to make required patrol checks at the work site and falsely reported that he performed the required checks on his screen station log sheet and [2] neglect of duty by sleeping in his car during his shift time, such acts or omissions being in violation of the Department’s Uniform Code of Discipline.
OATH Administrative Law Judge Joycelyn McGeachy-Kuls found the facility manager credibly testified that it was the practice to fill out the log sheet at the end of the shift and that he believed that the worker completed his checks at the required time.
Further, the ALJ concluded that the manager corroborated the worker’s testimony that he was on meal break and not required to be working when he was found sleeping in his car. It was not disputed that the employee was not required to perform work during their meal breaks even though they are paid during this break time. Credible testimony established that the employee was only required to keep his radios with him and stay on facility premises during the meal break. The ALJ found that the appointing authority has produced no evidence to establish that resting or even dozing off briefly during the meal break is prohibited or rendered the employee incompetent to perform his job.
Judge McGeachy-Kuls found that the appointing authority failed to establish that the employee engaged in the charged misconduct and recommended dismissal of the charges.
The decision is posted on the Internet at:
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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.
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