The Maine Department of Health and Human Services has filed a motion in court aiming to overturn a decision that awarded a former state epidemiologist back pay and the right to be reinstated to his job.

David Abafi, an epidemiologist for the Maine Center for Disease Control and Prevention from February 2024 to April 2025, is an immigrant from Nigeria. His federal work authorization lapsed in April 2025, according to court documents.

An arbitrator in June ruled that the agency fired Abafi from his job rather than allow him to go on unpaid leave while attempting to get his work authorization reinstated.

DHHS is now fighting that decision, arguing that federal law prohibited the agency from employing Abafi while he was unable to work, according to a Sept. 10 filing in Kennebec County Superior Court.

There was no guarantee that Abafi would have his work authorization reinstated, as it was a “new and uncertain immigration process,” the agency argued.

“At the time of termination Abafi could not provide a definite return date, could not legally work after April 4, 2025, and had no guaranteed path to renewed work authorization,” according to the filing.

Abafi’s work authorization was reinstated in July 2025, according to the arbitration award.

The union representing Abafi, the Maine Service Employees Association, disputed the agency’s decision to fire Abafi. Arbitrator Harvey Shrage sided with Abafi and the union in a decision signed June 15, 2026.

Tom Farkas, spokesperson for the MSEA, said Friday that the state is “simply being a sore loser.”

“Abafi is here legally and is a highly skilled professional. In the spring of 2025, he temporarily lost his work authorization through no fault of his own. Rather than allowing him to take an unpaid leave while he worked out his work authorization, the state terminated him,” Farkas said in an emailed statement.

Shrage ruled that DHHS violated the terms of the union contract because unpaid leave “shall not be unreasonably denied.”

“The state did not provide evidence that granting leave would be disruptive to its operation,” Shrage wrote.

DHHS argued in its September filing that Shrage misinterpreted the contract.

Lindsay Hammes, the agency’s spokesperson, said Friday the state cannot comment on pending litigation.

Farkas said Abafi has since found another job, but is due back pay and “might consider returning to state employment.”