A delay in a disciplinary hearing resulting from an employee’s adjournment request may be properly counted against the employee for purposes of determining his or her entitlement to back pay

A delay in a disciplinary hearing resulting from an employee’s adjournment request may be properly counted against the employee for purposes of determining his or her entitlement to back payOATH Index No. 1355/17A civil engineer failed to report for a mandatory overtime shift and a medical assessment of her fitness for duty, and refused to submit documentation concerning these matters when directed to do so. One of the issues considered by the ALJ was the employee claim that she was entitled to be paid for certain absence without pay in excess of the statutory 30-days suspension without pay authorized by Section 75 of the Civil Service Law notwithstanding the fact that she was place on such leave without pay in excess of 30 days when her disciplinary hearing was adjourned at her request because her attorney was not available.The Civil Service Law provides that an employee may be suspended without pay for a period not exceeding thirty days pending the determination of…

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