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PUBLIC WORKERS GIVEN PROTECTIONS FOR VIRUS-RELATED ABSENCES

Correction officers tagged as chronic absentees by the city’s Department of Correction because they were laid up by the coronavirus will no longer be subject to retaliatory personnel actions, under legislation signed by Governor Cuomo July 1.

State Sen. Diane Savino and Assemblyman Peter Abbate Jr. drew up the bill following reports that hundreds of officers had been designated chronic absentees after taking time off to recover from the virus and were denied appeals of the designation.

Being so designated would put them at risk of losing out on promotions, preferred assignments including steady tours, voluntary overtime and other benefits.

Retroactive to 2020

The president of the Correction Officers’ Benevolent Association, Benny Boscio Jr., thanked the Governor for enacting the bill.

“This legislation will correct the injustice experienced by over 800 of our members who were punished for taking sick leave because of their COVID-19 related symptoms,” he said in a statement, also thanking the two lawmakers for “taking up the fight with us” and expediting the legislation and its passage.

In a statement, DOC Commissioner Vincent Schiraldi suggested that some officers were falsely claiming to have been sickened by the virus and were thereby cutting into the department’s staffing options.

“We know the pandemic took a terrible toll on both our uniformed and non-uniformed staff and we completely agree that no one should be penalized for being sick with COVID,” Mr. Schiraldi, who succeeded Cynthia Brann June 1, said in a statement. “What is unacceptable is for any city employee who is not legitimately suffering from COVID using it as an excuse to not come to work. I urge all DOC employees out on sick leave who are not, in fact, sick to return to work immediately to support your colleagues who faithfully come to work every day to make our department a safe and decent one, and to help restore DOC’s integrity in the eyes of New Yorkers.”

Covers All Public Workers

All public workers are now covered by the law, which prohibits their employers from taking personnel actions against those who used sick leave or compensatory time to recover from the virus. The law is retroactive to Jan. 1, 2020.

According to Senator Savino, 893 officers who tested positive and had to use their sick-time allocations to meet the department’s requirements were designated chronically absent.

“For some workers, the idea of remote work is impossible, even during the COVID-19 Pandemic,” she said in a statement. “Our essential workforce, our first responders—police, fire, health-care and corrections—just cannot do it by broadband. That is why it was shocking to find out that the New York City Department of Corrections was actually punishing their own employees for following the rules that we adopted right here in the State of New York.”

Through June 25, 1,930 officers have been confirmed positive for COVID, according to a running tally compiled by the Board of Correction. At least eight officers have died of complications from the virus.

‘Beyond Outrageous’

Officers are considered chronic absentees if they report sick “on 12 or more work days within 12 months,” according to the DOC.

Senator Savino and Assemblyman Abbate drafted the bill days after finding out that the DOC had denied the appeals last fall. At the time, the Staten Island State Senator called the department’s actions “beyond outrageous.”

Citing legislation enacted early in the pandemic that guaranteed paid leave for private-sector workers who were in mandatory quarantine, she said at the time that public-sector employees, particularly essential workers, should be extended similar protections.

“No one should have to suffer a penalty for missing work because of COVID, and under this new law, every public employee in our state will get the protection they deserve—so they don’t have to face unfair consequences for doing what was necessary to protect themselves and their loved ones,” the Governor said in a statement.

LETTER FROM BENNY BOSCIO
President

Welcome to the official website of The Correction Officers’ Benevolent Association (COBA). COBA is the second-largest law enforcement union in the City of New York. Our members are New York City Correction Officers, also known as New York City’s Boldest, who supervise the second-largest municipal jail system in the nation. COBA is committed to advocating for safer working conditions, wage increases, and excellent benefits for all our members.

Our website was designed to provide helpful information on the latest issues impacting our members and their families. You can also find our official union publications, news clips, and learn about upcoming events.

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STATEMENT FROM COBA PRESIDENT BENNY BOSCIO ON THE FEDERAL MONITOR'S SPECIAL REPORT RELEASED ON MAY 26, 2023

“After being appointed nearly 8 yrs ago and receiving some $20 million in consulting fees by NYC taxpayers, the latest Federal Monitor’s biased and one-sided “special report” is no different than the nearly 36 reports that came before it.

If the Monitor is interested in cherry picking data in a two week period, why then does he exclude the brazen assaults on our officers committed by repeat violent offenders in that same period? Or why does he exclude the numbers of inmates whose lives have been saved thanks to Correction Officers? The reality is that the Federal Monitor and his team have strayed very far from their original mission and this new report conveniently excludes key data showing any progress that is being made to combat jail violence, which is largely the result of the dedication and hard work of our officers serving on the frontlines.

These reports now serve only to provide politically-driven talking points for the City Council and the Board of Correction so they can continue to second guess and scapegoat our members, instead of providing oversight over the monitoring team and asking them what have they really accomplished in eight years to make our jails safer? It’s time for the Monitoring team to go!’

Benny Boscio
COBA President