ALBANY, NY (WRGB) — Tension between New York correction officers and the state remains high as the officer prison strike stretches into its second week.
Correction officers participating in the unsanctioned strike may face job and legal ramifications, but some employees, who have been out on leave prior to the strike, fear their jobs may also be at stake.
A Feb. 18 memo from the DOCCS Deputy Commissioner of Administrative Services Darren Ayotte ordered prison superintendents to call in employees on Family and Medical Leave Act (FMLA) leave as they have with striking workers.
The memo states that if those employees refuse to report, they should be marked AWOL, a designation that could lead to loss of pay and disciplinary action.
“Staff who are calling in FMLA should be ordered in just like everyone else. if they refuse the order to report to duty, they should be made AWOL. As instructed yesterday on the call with the Commissioner, the AWOL’s should be entered into PAYSERV real time,” the email memo read.
FMLA is a federal law that grants eligible employees up to 12 weeks of unpaid, job-protected leave for serious health conditions or to care for a family member. Employers are prohibited from retaliating against workers for using FMLA leave.
However, some correctional officers who were on approved leave prior to the strike say they are now being pressured to return and fear losing their jobs if they do not comply.
When bringing these concerns to DOCCS, a spokesperson acknowledged the staffing crisis but did not directly address concerns about overriding FMLA protections. In a statement, a DOCCS spokesperson said:
“Because of the illegal walkout from correction officers, we are being forced to call people back to ensure we have the necessary staff to keep our facilities safe and secure. While we cannot comment on specific employees’ medical or leave circumstances, the department will review any potential concerns on a case-by-case basis.”
Labor and employment law expert Michael Macomber, CEO of Tully Rinckey PLLC, says DOCCS is in a difficult position with prison staffing and may be re-evaluating the eligibility of FMLA cases.
“DOCCS is in a very precarious situation right now, and they are trying to avail themselves of every opportunity to correct these staffing issues,” Macomber said. “My only guess is the state is looking at whether those currently on leave still qualify, to see if they’re dealing with a serious health condition.”
