Like most state employees, Department of Labor Unemployment Adjudicator Izabela Piper, uses her sick leave when necessary if she is ill. While it seems obvious that employees are allowed to use their earned sick leave when they are ill, the Department of Labor disciplined Izabela for not having predictable attendance and for failing to work mandatory overtime on days when she was ill.
NAPE filed a grievance to overturn the disciplinary action and to remove the record from Izabela’s personnel file. In support of the argument, NAPE pointed out that Izabela’s sick leave requests were approved, she always had enough earned sick leave to cover the absence, and that employees who are out sick cannot be assigned mandatory overtime.
Based on NAPE’s argument, Izabela prevailed in her grievance. The written warning she received was rescinded and removed from her personnel file. Remember, sick leave is an earned benefit, and employees must be able to access that benefit in the case of illness.
If you find yourself being denied the use of your earned benefits, or disciplined for using them, contact us right away. Union members have access to our professional staff and legal services team for representation at all disciplinary meetings. Not a member? Click here to find out how to join.