Labor & Employment Law

Excessive absence evidence that individual cannot perform the duties of the position

Excessive absence evidence that individual cannot perform the duties of the position
Dep?t of Transportation v. Anonymous, OATH Index No. 260/08

In a disability proceeding pursuant to section 72 of the Civil Service Law, ALJ John Spooner found that an employee was unfit to perform the duties of his position due to a physical disability. The evidence showed the employee?s frequent absences - forty percent of the time in 2005, fifty percent of the time in 2006 and more than fifty percent of the time in 2007, most without prior notice to his supervisor - adversely impacted the productivity of his entire work unit.

Full post as published by New York Public Personnel Law on May 21, 2008 (boomark / email).