Saratoga, N.Y. - House Republican Leadership Chairwoman Elise Stefanik sent a letter to U.S. Labor Secretary Lori Chavez-DeRemer calling for a federal investigation into actions by Governor Hochul and Commissioner Martuscello that potentially violated The Family and Medical Leave Act of 1993 (FMLA).
In the letter Chairwoman Stefanik wrote, “I am writing to you regarding troubling actions taken by Governor Kathy Hochul and her administration against New York State Correctional Officers. In retaliation for the strike earlier this year by employees of the Department of Corrections and Community Supervision (DOCCS), Governor Hochul and her administration violated the Family and Medical Leave Act of 1993 (FMLA). Specifically, the state directed employees on FMLA leave to be classified as absent without leave (AWOL), resulting in their termination.”
Stefanik continued, “In a copy of an email obtained by my office, the DOCCS Deputy Commissioner for Administrative Services instructed prison superintendents that ‘staff who are calling in FMLA should be ordered in just like everyone else. If they refuse the order to report for duty, they should be made AWOL.' These actions resulted in the wrongful termination of DOCCS employees, in violation of federal regulations.”
Stefanik said, “By classifying DOCCS employees on FMLA as AWOL, Governor Hochul and the DOCCS Commissioner caused families to lose access to health insurance, accrued overtime pay, sick leave, and unemployment benefits. As the COs challenge their loss of employment through the grievance process or appeal the denial of their unemployment benefits, they are being slow-rolled through the process with no communication from the New York State Office of Employee Relations or the Department of Labor. This is a clear-cut, coordinated abuse of power by Governor Hochul and Commissioner Martuscello, specifically their actions to deny employment and earned benefits to Correctional Officers and DOCCS employees.”
Stefanik concluded, “This is just the latest in a long line of abuses of power and blatant attacks on law enforcement by Governor Hochul and her administration. I request that you review the illegal actions taken by New York State and compel compliance with FMLA for those employees who were terminated while on approved leave.”
Read the letter HERE
Chairwoman Stefanik also sent a letter to Governor Hochul demanding answers on a “no call” list targeting certain terminated correctional officers during the rehiring process.
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