Desilva v. Department of Transportation

Mrs. DeSilva appeals an order of the Department of Administration. The order upheld the hearing officer’s recommended order that Mrs. DeSilva abandoned her position. We reverse.

Mrs. DeSilva requested a leave of absence from her position at the Department of Transportation for a non-work related back injury. The request form contained a tentative return-to-work date of November 23, 1988. Her supervisor granted the absence.

On November 22, 1988, Mrs. DeSilva’s physician notified Mrs. DeSilva’s supervisor that Mrs. DeSilva would be unable to return to work. Although disputed, the supervisor…