Placing an employee on involuntary leave for allegedly being mentally unfit to perform the duties of the position
The New York City Office of Administrative Trials and Hearing Administrative Law Judge Kara J. Miller recommended that a Department of Buildings [DOB] site safety plan examiner be placed on involuntary leave of absence because she is mentally unfit for the position.
A psychiatrist retained by DOB found that the employee suffers from dementia, and her supervisors testified that her productivity did not meet the minimum standards and that she failed to follow direction despite repeated reminders.
The ALJ noted that DOB needs to trust the employee to do her job properly as a matter of public safety and found that the employee’s memory problems prevent her from performing complex analysis and synthesizing information to appropriately examine demolition and site safety plans.
Click HERE to access Judge Miller's decision.
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NYPPL Blogger 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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