Dear COBA Members;

As you all know, today and over the last few days the Dept has issued Directives regarding the use of entitlements.

First, the Dept denied the use of Emergency Personal Leave during what they described as a "Personnel Emergency" over the Holiday.

That Directive was extended first to Dec 27th, then to January 2nd, 2023.

Second, the Dept issued a Directive dated Dec 26th, requiring that all staff who utilized Sick Leave on the dates of Dec. 24th, 25th and 26th must furnish Doctor's Notes to MIU within the next 48 hours.

Third, a Directive was issued today 12/26/22 stating "Effective immediately, the use of any sick leave by any Correction Staff must be substantiated by the submission of a licensed medical Doctor's note........"

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Be advised that COBA has initiated legal action against the Dept/County regarding all of the above. First due to the fact that they have failed to substantiate that a Personnel "Emergency" exists necessitating the current action restricting the use of Emergency Personal Time. And, that an "Emergency" arbitrarily continues unabated through January 2nd.

Today, COBA filed a Class Action Grievance regarding the unilateral denial of Emergency Personal Days through Jan 2nd, 2023.

We are also filing for a Temporary Restraining Order in State Supreme Court tomorrow morning on this issue.

Next, regarding the Depts/County's unilateral change with regard to providing Doctor's Note's for sick leave utilization.

This matter is a mandatory subject of negotiation and in our opinion a violation of the Taylor Law. We are filing an Improper Labor Charge against the Dept/County regarding the submission of Doctor's Notes for both the past Sick Leave usage and going forward, as well as attempting to obtain injunctive relief through PERB.

With regard to the Directive regarding the submission of Dr's Notes for sick leave. Be aware that there is now a standing Order directing that Dr's notes be submitted. No other direction was given regarding this.

Keep in mind that all Departmental Orders must be followed, even those pending legal action. Do not leave yourself unprotected.

COBA advises that you make sure to keep accurate account of any time used to obtain a Dr's note and any expenses incurred in the process of obtaining a note. This to be used in our legal action against the County/Dept for proper compensation purposes for our members.

We are in continuous discussion with our Labor Attorneys regarding further legal action to take against the County/Dept regarding these issues and will keep you all informed as these processes unfold.

Brian Sullivan, COBA President