Day told the commission that Corta went on maternity leave in December and her leave ended Feb. 9.Her doctor gave her a note, which requested that she not return to work for another two weeks and for her to have a medical checkup Feb. 24, according to the personnel board’s ruling. Sargeants Conveyancing It further states that Corta showed the note to Day who told her she could not come back to work unless the doctor approved it.
“Ms. Corta understood that Judge Day was extending her maternity leave until Feb. 24,” the board’s ruling states.When Corta went back for her checkup the doctor gave her a slip saying she could go back to work March 8 and the chief clerk told her to fax it to the probate office.Day prepared a notice of termination, which alleged that Corta’s maternity leave ended Feb. 9, and that she failed to return to work three days afterward as required by personnel rules.
In its ruling, the board stated that three days had not passed when Day issued the letter, and ruled in favor of Corta.”Accordingly, Judge Day was not authorized to terminate Ms. Corta’s employment for the reason given and the decision of termination is due to be reversed and set aside,” the ruling stated. Corta did not fax the release slip until Feb. 26, the ruling states.
Day told the commission that he struggled to keep Corta employed because she had problems with being tardy and absent during her six-month probationary period.He said her supervisors did not recommend that Day place her on permanent status at the end of her probation and he extended her employment for three months.Day said he placed her under new supervisors who recommended she become a permanent employee at the end of the extension and he followed the recommendation.