| Federal court finds DOCS’
sick-leave policy unfit for service The sick-leave policy of the state Department of Correctional Services violates the federal Americans with Disabilities Act (“ADA”), according to a recent decision of the federal district court for northern New York. The court permanently enjoined DOCS from implementing its sick-leave policy which, as currently written, allows inquiry after only a single day’s absence from work. DOCS has announced it intends to appeal the decision, but has established an interim policy that conforms to the court’s objections. The issue came to the courts when a state corrections officer challenged the DOCS’ policy which allows supervisors to require employees returning from sick leave of even just one day to provide a signed note from their doctor with a brief diagnosis of the condition treated, a statement that the employee was unable to work during the absence and a prognosis, including the date of return to work or continued absence until the next scheduled appointment date. The policy allows DOCS to reprimand the employee if it rejects the diagnosis. The court held the DOCS’ policy requiring a “brief” diagnosis, whether general or specific, would be likely to cause employees to reveal a disability or perceived disability and thus was prohibited by the ADA. Under the interim policy announced by DOCS in April, the requirement for diagnosis will not apply “unless there is reasonable concern as to whether the employee is able to return to work and perform the essential functions of the job, or the employee may pose a threat to workplace health and safety, due to the medical condition.” — Sherry Halbrook New agreement protects leave for
teachers |
 Claims
reps ruled PS&T membersSometimes you can’t tell the players without a program. That’s what’s happened at the state Insurance Fund since the state’s efforts to rename and redesignate job titles has created disagreement over which bargaining unit they belong in. The approximately 440 affected employees are in the Professional, Scientific and Technical (PS&T) bargaining unit and represented by PEF — right where many of them were before the titles changed. An administrative law judge of the state Public Employment Relations Board (PERB) ruled in March that the grade 18 title of claims service representative 1 (CSR1) and the grade 13 and 14 CSR trainee titles at the Insurance Fund belong in the PS&T unit, instead of the Administrative Services unit, which is represented by the Civil Service Employees Association. The employees in the new CSR 1 title were formerly called “senior compensation claims examiners” and, in fact, some employees may still be in that title while the new title series is gradually phased in to replace it. “The PERB judge found the essential nature of the duties of the new CSR 1 position was still PS&T and the loss of minor supervisory functions did not change that,” said PEF associate counsel Steve Klein, who represented PEF. “He ruled the CSR trainees do essentially the same work as those in the CSR 1 and automatically transition to that title after successfully completing two years as trainees.” — Sherry Halbrook Are your pension deductions past their
‘end-by’ date? |