Placing an employee on involuntary leave for allegedly being physically unfit to perform the duties of the position

New York City Office of Administrative Trials and Hearings Administrative Law Judge Julia H. Lee recommended that an NYPD Traffic Enforcement Agent be placed on involuntary leave of absence because she is physically unfit to perform the duties of her position. Undisputed evidence showed that the agent was unable to stand or sit for prolonged periods of time or to walk without an assistive device.

The ALJ Lee also held that the NYPD’s procedural error in failing to serve the Department of Citywide Administrative Services with notice of the proposed involuntary leave was not fatal to the case, as DCAS had delegated this personnel function to the Police Commissioner.

Click HERE to access Judge Lee's decision.