Lawsuit: New York fired COs on FMLA leave, denied insurance and benefits

ALBANY, N.Y. (NEXSTAR) — Nineteen former correction officers filed a federal class-action lawsuit accusing New York State of firing them during legally protected medical and family leave. The case, filed on May 30 in the U.S. District Court for the Western District of New York, accused the state of violating the Family and Medical Leave Act when it terminated their jobs and benefits in March.

Under FMLA, workers in eligible jobs can take up to 12 weeks of unpaid, protected leave for personal or family medical reasons. Employers have to maintain health coverage during leave and reinstate the workers afterward. The lawsuit—available to read at the bottom of this story—alleged that the state ignored those rules and then even denied them access to temporary healthcare, unemployment, and retirement payouts.

The named defendants are Governor Kathy Hochul, Department of Corrections and Community Supervision Commissioner Daniel Martuscello III, and dozens of prison superintendents. The plaintiffs argue these officials ordered the mass firings without the necessary review of individual leave statuses.

DOCCS, the governor's office, and the correction officers' union all declined to comment on pending litigation. The attorney general's office deferred to DOCCS.

Plaintiffs want the court to certify a class of over 100 fired officers. They're also asking for damages for lost wages, lost benefits, attorney fees, and interest, plus their old jobs and health coverage back.

The plaintiffs in the lawsuit claim they were on approved FMLA leave—recovering from injuries or caring for seriously ill family members—when fired and dropped from their health insurance. Each plaintiff had formal FMLA approval, according to the complaint.

Eric Daugherty of Livingston County alleged that he was helping his wife get medical care when he slipped, got hurt, and received more leave. Another in the complaint, Jordan Pocobello of Orleans County, said he was on state-approved paid parental leave with a newborn after childbirth. Jeff Pierce of Chautauqua County said he was caring for his sick child when fired. Both said they received letters marking them AWOL—absent without official leave—for not returning to work during their FMLA-covered absences.

"Staff who are calling in FMLA should be ordered in just like everyone else," DOCCS Deputy Commissioner Darren Ayotte allegedly told prison administrators in a February 18 email cited in the lawsuit. "If they refuse to report for duty, they should be made AWOL as well for participating in the job action." At Groveland Correctional Facility, Superintendent Joey Clinton posted a notice repeating that same policy, per the lawsuit.

Around March 3, the plaintiffs received letters terminating their health insurance. On March 10, the state issued Executive Order No. 47.3, preventing the future hiring of any officers who participated in what the state called an illegal strike. The plaintiffs alleged that they couldn't collect accrued overtime or use earned vacation, sick leave, or retirement time.

Take a look at the lawsuit below: