Rep. Elise Stefanik Calls for Investigation into Gov. Hochul’s Handling of FMLA Cases
TL/DR –
Republican U.S. Representative Elise Stefanik has called for an investigation into New York Governor Kathy Hochul for a potential violation of the Family and Medical Leave Act of 1993 (FMLA). Stefanik alleges that the state directed employees on FMLA leave to be classified as absent without leave (AWOL), leading to their termination. Stefanik also claims that there is a ‘no call list’ of individuals who should not be offered employment, arranged by Governor Hochul and Department of Corrections and Community Supervision (DOCCS) commissioner Dan Martuscello, a claim denied by DOCCS.
Stefanik Requests Investigation into Gov. Hochul for Possible FMLA Violation
Republican congresswoman Elise Stefanik demands an investigation into Gov. Kathy Hochul for a potential violation of the Family and Medical Leave Act of 1993 (FMLA), linked to the correction officer strike earlier this year. Stefanik sent a letter to U.S. Labor Secretary Lori Chavez-DeRemer, calling for federal scrutiny.
Stefanik alleges state officials instructed employees on FMLA leave to be classified as absent without leave (AWOL), resulting in their dismissal. An email from the Department of Corrections and Community Supervision (DOCCS) directs calling in those on FMLA leave and declaring them AWOL if they fail to report.
“Classifying DOCCS employees on FMLA as AWOL led to loss of health insurance, accrued overtime pay, sick leave, and unemployment benefits,” Stefanik stated. She is considering challenging Hochul for the governorship and demanded explanation on individuals allegedly placed on a ‘no call list’, causing them not to be rehired after the strike ended.
Stefanik claims knowledge of a list of 200 individuals not to be offered employment at Governor Hochul and DOCCS commissioner Dan Martuscello’s direction. “You and Commissioner Martuscello have engaged in coercive, unethical, and illegal actions against correctional officers and prison staff,” she wrote to Hochul.
DOCCS has denied seeking to rehire individuals integral to the strike planning and execution, considering disciplinary history in grievance cases. Commissioner Martuscello confirmed this stance in a state Senate and Assembly joint hearing.
In response to Stefanik’s letter, DOCCS stated there is no such ‘No Call’ list. “If an individual wants to contest their termination, they must submit a grievance, as per the Collective Bargaining Agreement (CBA)”, DOCCS said.
The Governor’s office criticized Stefanik and reiterated Hochul’s stance that rehiring of fired officers is dependent on the legal process, not any softening of Hochul’s stance. “Governor Hochul does not condone breaking the law,” a spokesperson said, praising correction officers who stayed throughout the strike.
The Governor said initially fired officers failing to return to work following the strike will not be rehired but acknowledged some returns will be considered as part of the grievance process.
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