Recently, AFSCME Florida won a class-action grievance on behalf of state employees. An employee at the Department of Health and another at the Department of Children and Families had both been put on leave pending investigations. However, both were under the impression that they were on Administrative leave until they were informed by management, following their Predetermination hearings, about a new policy that allows them to "Compel" an employee to use their accrued annual leave when out during an investigation.
To be clear – AFSCME Florida was never consulted about this change nor had it been negotiated with the members of this union. That is why we filed a class action grievance that detailed how this was an unfair policy because during an investigation the employee has not been found guilty of anything but were still forced to use their accrued annual leave.
The Florida Department of Management Services has contacted our union to state that agencies have been informed that they cannot force employees to use annual leave and cannot change policies without it being negotiated with AFSCME Florida. Both employees are receiving settlement agreements that will give them back their lost time.
If you know of a state employee who was forced to use their accrued annual leave during an investigation please contact AFSCME Florida’s Cris Serrano so he may work to correct the situation. He can be reached at [email protected].
This is a great example of how a strong voice at the workplace, made possible by state employees who are dues-paying AFSCME members, give us the ability to hold management accountable and enforce our contract. A copy of the current master contract can be found by clicking here. We can not only maintain a strong voice but do even more good through greater participation. If you know someone who wants to join AFSCME Florida, please contact your union at [email protected].
