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Health Hospitals Corp. (Lincoln Medical & Mental HealthCenter) v. Hernandez

OATH Index No. 1157/08 (Jan. 17, 2008)

Petitioner’s undisputed evidence established thatrespondent has been continuously absent without leavesinceJuly 8, 2006.Termination recommended.

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NEW YORK CITY OFFICE OF

ADMINISTRATIVE TRIALS AND HEARINGS

In the Matter of

HEALTH AND HOSPITALS CORPORATION

(LINCOLN MEDICAL & MENTAL HEALTHCENTER)

Petitioner

-against-

SANDRA HERNANDEZ

Respondent

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REPORT AND RECOMMENDATION

INGRID M. ADDISON, Administrative Law Judge

This is a disciplinary proceeding referred by petitioner, the New York City Health and Hospitals Corporation, Lincoln Medical and MentalHealthCenter, pursuant to section 7.5 of the Personnel Rules and Regulations of the Corporation. The Corporation charges respondentSandra Hernandez, a nurse’s aide, with being absent without authorization (“AWOL”) from July 8, 2006, to the present.

At a hearing scheduled forJanuary 15, 2008, respondent failed to appear. Petitioner presented proper proof of service of the charges and the notice of hearing (Pet. Exs. 1, 2). Petitioner’s submissions established that the charges and notice of hearing were served on respondent at her last known address by certified mail on November 3, 2007. That is sufficient to satisfy the jurisdictional prerequisites for finding respondent in default.

Petitioner submitted an affidavit from Angela Diano, Director of Nursing, who regularly deals with time and leave control records of the Nursing Department and affirms thatrespondent has been absent without leave authorization from July 8, 2006, to the present (Pet. Ex. 5). Further, at the hearing, the union representative, Walter Gilmore, represented that the union had had no contact with respondent but he had learned that respondent had relocated to Florida.

Accordingly, I find petitioner established that respondent has been absent without authorization since July 8, 2006, as charged.

FINDINGS AND CONCLUSIONS

  1. Respondent was properly served with the charges and notice of hearing.
  1. Respondent has been absent without authorized leave since July 8, 2006.

RECOMMENDATION

Respondent has been absent from work without authorization for over 18 months. Respondent’s unauthorized absence is a fundamental form of misconduct that substantially impedes the agency’s ability to fulfill its mission in that it has become necessary for other employees to assume her responsibilities in addition to their own. This has sometimes required the Corporation to order employees to work overtime (Pet. Ex. 5).

Therefore, the only appropriate remedy for this misconduct is termination and I so recommend.

Ingrid M. Addison

Administrative Law Judge

January 17, 2008

SUBMITTED TO:

JOSE R. SANCHEZ

Network SVP/Executive Director

APPEARANCES:

RODNEY BROWN

Representative for Petitioner

No appearance for Respondent