11-32:    Sick leave policy

·     Sick leave for Career Service employees is authorized for necessary care and attendance during sickness, or for death of a member of the employee’s immediate family.  In re Espinoza, CSA 30-05, 4 (1/11/06). 

·     In applying rigid departmental rule mandating discipline after a certain number of sick days, undersheriff’s assumption of leave abuse created irreconcilable friction with career service rules by leaving no room for the legitimate application of sick leave rule.  In re Espinoza, CSA 30-05, 7 (1/11/06).

·      Agency’s application of departmental rule impermissibly violated appellant’s right to take accumulated sick leave.  In re Espinoza, CSA 30-05, 7 (1/11/06).

·      Departmental rule requiring discipline after seven days of sick leave conflicts with sheriff’s collective bargaining agreement.  In re Espinoza, CSA 30-05, 9 (1/11/06), modified on petition for review.

  11-36:  Reporting and investigation of sick leave

·      A department or agency has an undisputable right to control the attendance of its employees in order to allow it to plan for staffing to accomplish its work.  In re Garcia, CSA 123-05, 5 (2/27/06), citing In re Martinez, CSA 52-02 (5/15/02); Hubble v. Dept of Justice, 6 M.S.P.R. 659 (1981).

  11-81:   Leave without pay - policy

·     Rule concerns agency’s decision to grant employee request for leave without pay, not whether agency may assess leave without pay for an employee absence.  In re Vigil, CSA 110-05, 6 (3/3/06).

·      Request for 90 days of leave without pay was not a reasonable accommodation when appellant analyst’s work was already backlogged, causing significant strain on other analysts and the agency’s obligations to process applications for minority contractors and appellant could not perform his essential work functions with or without reasonable accommodation.  In re Torres, CSA 97-05, 3 (2/21/06).

  11-153: Requesting FMLA leave

·      Request for FMLA leave must be submitted in advance of need, or as soon as practicable after an emergency.  In re Garcia, CSA 123-05, 3 (2/27/06).

·      Request for FMLA leave six weeks after the leave was to end is untimely.  In re Garcia, CSA 123-05, 3 (2/27/06).

·     Appellant’s failure to provide requested supplemental information regarding seriousness of condition, abdominal pain and nausea, and failure to indicate whether request was for intermittent leave, justified agency’s denial of FMLA leave based on incomplete medical certification.  In re Edwards, CSA 21-05, 5 (2/22/06).

·     Appellant’s failure to submit a timely request for FMLA leave to care for her daughter prevents appellant from now claiming absence was entitled to protection under FMLA. In re Edwards, CSA 21-05, 5 (2/22/06).