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