New York Accused of Violating FMLA in Handling of Corrections Strike

House Republican Leadership Chairwoman Elise Stefanik is calling for a federal probe into Governor Kathy Hochul’s administration, alleging violations of the Family and Medical Leave Act (FMLA) against New York State correctional officers.

In a letter sent to U.S. Labor Secretary Lori Chavez-DeRemer, Stefanik detailed actions she says amount to a coordinated abuse of power by Governor Hochul and Department of Corrections and Community Supervision (DOCCS) Commissioner Daniel Martuscello. At the heart of the complaint is an email directive from DOCCS leadership instructing prison superintendents that staff calling in under FMLA should be ordered to report for duty and, if they refused, be classified as absent without leave (AWOL). According to Stefanik, that directive led to the wrongful termination of employees who were legally on protected leave.

“These actions resulted in families losing health insurance, accrued overtime pay, sick leave, and unemployment benefits,” Stefanik wrote, adding that correctional officers have been slow-walked through grievance and appeals processes without communication from the state’s Office of Employee Relations or the Department of Labor.

The controversy stems from a strike earlier this year by DOCCS employees. Stefanik claims the administration retaliated against workers by targeting those on leave, even those covered by FMLA protections. She pointed to 19 correctional officers who have filed a class-action lawsuit in federal court after being terminated while on approved leave.

The dispute also extends to what Stefanik describes as a “no call list” impacting at least 200 officers statewide. The list, she said, bars those named from being rehired without any explanation from the administration. While some officers have been slowly reinstated through “call backs,” the list leaves others permanently sidelined from returning to their jobs.

Stefanik characterized the situation as the latest in a series of hostile actions against law enforcement under Hochul’s leadership, referencing prior decisions to cancel health insurance during the strike and issue an executive order barring terminated officers from state or local government employment. That order was later rolled back under pressure, but the state-level ban remains in place.

“Governor Hochul and Commissioner Martuscello’s directives have caused irreparable harm to correctional officers and their families,” Stefanik said. “This represents a blatant attack on law enforcement and a clear violation of federal protections.”

Her letter urges the Department of Labor to launch an immediate investigation, compel New York State to comply with FMLA, and restore the rights and benefits of affected employees.

The class-action lawsuit filed in the U.S. District Court for the Western District of New York is ongoing, and Stefanik’s latest action adds federal pressure on the Hochul administration to account for its handling of the strike and its aftermath.