Luzerne County Government

January 13, 2010

Griffith wants a clarified sick-pay policy

Terminated workers are focus of confusion

By Jennifer Learn-Andes jandes@timesleader.com
Luzerne County Reporter
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Luzerne County Controller Walter Griffith said he has decided to release about $10,000 in unused sick pay for terminated employees, but he wants commissioners to approve a clarification of the policy governing such payments.

The county personnel policy says terminated non-union employees are not entitled to unused sick leave.

Griffith said the policy does not say that it’s only meant to cover employees who are terminated for disciplinary reasons, so he rejected sick leave requests for employees who were terminated because they are being replaced or no longer needed.

For example, he refused a $3,000 request for sick pay from former deputy controller A.J. Martinelli, who was recently terminated when Griffith decided to hire someone else for that post.

Griffith said he also denied sick-leave requests for two former court employees who had worked for Peter Paul Olszewski Jr., who was not retained as a county judge.

But Griffith said he met with county officials Tuesday morning and was informed the county has interpreted the policy to exclude employees terminated for non-disciplinary reasons. This past practice would likely be considered in court if any of the former employees challenged his refusal to pay, Griffith said.

Griffith said he will pay the requests because he doesn’t want to involve the county in a court challenge that it would likely lose, but he wants commissioners to quickly pass a policy spelling out which terminated employees will be entitled to unused sick pay.

“I have to make sure the people’s money is protected,” Griffith said.

County Solicitor Vito DeLuca said he will work with commissioners and the yet-to-be-hired human resources director to update that portion of the personnel policy.

The personnel policy was implemented in 2005. Former human resources director Doug Richards was terminated and charged in the federal corruption probe.

“Our new HR director should be hired soon, and one of the immediate directives will be to make adjustments to all our policies related to personnel to make sure the language is clear,” DeLuca said.

Jennifer Learn-Andes, a Times Leader staff writer, may be reached at 831-7333.

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