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Labor & Employment Law

: New York Public Personnel Law

Dismissal recommended as the penalty for employee?s abuse of sick leave

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Dismissal recommended as the penalty for employee?s abuse of sick leave
NYC Department of Corrections v Auguste, OATH Index No. 2770/08

OATH Administrative Law Judge Joan R. Salzman, found that a New York City Department of Corrections correction officer, Emile Auguste, had left his residence repeatedly without permission while on sick leave.

The ALJ also found that Auguste failed to log in and out properly in accordance with attendance rules, failed to account to the Department for his whereabouts, and falsely reported that he was at his doctor's office on 11 occasions when in fact he was not there. Indeed, Saltzman found the physican's office was closed a number of times when Auguste claimed to have been at the office.

ALJ Salzman also found that Auguste disobeyed a direct order to document his medical appointments and was excessively absent.

Salzman recommended termination of employment for this abuse of sick leave.

The text decision is posted on the Internet at:
Dep't of Correction v. Auguste

Full post as published by New York Public Personnel Law on May 21, 2009 (boomark / email).

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