AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
Back to list of subjects Back
to Legal Publications Menu
Sick Leave & Abuse
A state court employee
sued his employer for alleged violations of the Family and Medical Leave
Act of 1993 (FMLA), 29 U.S.C.S. § 2601 et seq., claiming that it had
refused to provide him with self-care leave (personal sick leave). A plurality
of the U.S. Supreme Court ruled that the provisions of the statute concerning
leave for self-care were distinguishable from those concerning family-care
leave. On claims for family-care leave, the Eleventh Amendment sovereign
immunity from suit enjoyed by the states has been validly abrogated based
on evidence at the time of the law's enactment that state family-leave
policies concerning leave for the care of a spouse, son, daughter, or parent
with a serious medical condition discriminated against women. No such evidence
was presented about similar discrimination on self-care leave policies.
Congress did not abrogate the states' Eleventh Amendment immunity on claims
under the FMLA concerning denials of self-care leave. Coleman v. Court
of Appeals of Maryland, #10–1016, 2012 U.S. Lexis 2315.
Office of Personnel Management issues
final regulations on the use of sick leave for serious communicable diseases,
including pandemic influenza. Absence and Leave; Sick Leave, 75 (232) Federal
Register 75363 (12/03/2010). Effective in 2011.
Illinois appellate court confirms the termination
of a corrections officer who took repeated sick leave. "Management's
right to discipline and ultimately to discharge an employee for absenteeism
and tardiness is based on its right to operate efficiently." Marzano
v. Cook County Sheriff's Merit Board, #1-08-3415, 2009 Ill. App. Lexis
1340 (1st Dist.).
Arbitrator sustains a three-day suspension
of an officer who, after prior warnings, continued to call in sick on a
Friday or Monday. “The legitimacy of illness certainly is questioned when
there is a habitual pattern of calling in ‘sick’ on a Monday or Friday.”
City of Marion and Illinois FOP L-197, FMCS #08/04796, 126 LA (BNA) 1441
(Van Kalker, 2009).
Arbitrator reinstates a private sector worker
that was accident-prone. Management did not establish that he was careless
or disregarded safety rules. However, long periods of absenteeism due to
work-related injuries could furnish grounds for termination. Lehigh Specialty
Melting and United Steelworkers L-1537-3, 126 LA (BNA) 1422 (Fagan, 2009).
Arbitrator holds that although management claimed
there was an “unwritten” rule that those on disability leave do not accrue
additional sick leave, the bargaining agreement did not distinguish between
those officers in active service and those who are not. Grievance sustained.
Green Tree Borough and Police Assn., Penna. Bd. of Mediation Case #8608,
126 LA (BNA) 1053 (Franckiewicz, 2009).
Illinois appellate court sustains the termination
of a corrections officer who, during a six-month period, had been progressively
disciplined for calling in sick on 25 days without having accrued sick
days. The three-judge panel overturned an arbitrator’s award, which had
found that the discipline policy was unreasonable because its series of
successively longer suspensions was punitive rather than remedial. The
arbitrator’s powers were limited to reviewing only the validity of the
Sheriff’s implementation of the sick leave policy. Cruz v. Cook County
Sheriff’s Merit Bd., #1-08-2648, 2009 Ill. App. Lexis 797 (1st Dist.).
In affirming the termination of a federal worker
for lack of candor, the undisputed evidence demonstrates that, moments
after she left a voicemail message for her supervisor stating that she
was unable to report for duty due to illness, background laughter ensued,
and she admitted that she came up with excuses for her absences on both
dates. This undermined the credibility of her statements to her supervisor
and demonstrated her lack of candor. Smith v. Dept. of Interior, #DC-0752-09-0135-I-1,
2009 MSPB 165.
OPM proposes changes to “Sick Leave for Pandemic
Influenza and Other Serious Communicable Diseases,” 74 (164) Federal Register
43065-43066 (Aug. 26, 2009).
Federal court rejects
a suit challenging a municipal sick leave policy, which effectively required
24-hour home confinement, because a newly-instituted policy was constitutional.
Moreover, because the detective had also filed a complaint with the state’s
Division of Human Rights, she was barred by a statute that required an
election of remedies. Borum v. Vil. of Hempstead, #CV 08-1488, 2008 U.S.
Dist. Lexis 103891 (E.D.N.Y.). Federal appeals panel upholds the termination
of a county employee who violated a policy requiring employees on indefinite
sick leave to call in every day, even during FMLA leave. Bacon v. Hennepin
County Med. Ctr., 08-1168, 2008 U.S. App. Lexis 26101, 14 WH Cases2d 583
(8th Cir.).
State police sick leave policy violated the ADA
because it required officers to disclose the nature of their illness when
requesting sick leave, resulting in officers divulging information about
their disabilities. Pa. State Troopers Assn. v. Miller, #1:06-CV-1079,
2008 U.S. Dist. Lexis 76816 (M.D. Pa.).
Arbitrator sustains the termination of a worker
for dishonesty; the grievant claimed he was suffering from an injury, not
an illness, and it is “clear to anyone who watched the video of him at
Home Depot that he was ambulatory and had a fair range of motion in both
shoulders.” Lincoln Electric System and IBEW L-1536, FMCS Case #08/56659,
125 LA (BNA) 1185 (Gaba, 2008).
Appellate panel sustains the termination of a female
city worker who called in sick so that she could extend her vacation. She
was unable show that male workers were treated less harshly for misusing
sick leave and lying to their superiors. Hughes v. City of Bethlehem, #07-2349,
2008 U.S. App. Lexis 20974 (Unpub. 3rd Cir.).
Arbitrator finds that management did not
have just cause to discipline a firefighter for dishonesty when he took
sick leave for a sore wrist. He was videotaped carrying bicycles and washing
his vehicle. There was no evidence to believe that he had "faked"
an injury and the modest tasks that he was photographed performing did
not prove that he was fit for the considerable physical demands of an active
firefighter. City of Rialto and IAFF L-3668, CSMCS #ARB-06-0255, 125 LA
(BNA) 550 (Gentile).
Ohio appellate court holds that an employee effectively
abandoned her job when, during a six-week period, she failed to notify
management of her status following surgery for an injury and had filed
for disability benefits. A refusal to allow her to return to her job was
not retaliation. Gallagher v. Frohman, #C-070756, 2008-Ohio-3582, 2008
Ohio App. Lexis 3024 (1st Dist.).
It was improper to charge time spent while
on medical appointments to vacation leave, rather than sick leave, for
workers that were injured on the job. Andersen v. W.C.A.B. (City of Santa
Barbara), #B191064, 2007 Cal. App. Lexis 606 (2d Dist.).
New San Francisco voter initiative requires
employers to provide one hour of paid sick leave for every 30 hours worked
by any employee (full-time, part-time or temporary). Organizations with
10 or fewer employees must offer a maximum of 5 days per year per worker,
and larger employers max out at 9 days per year. The time can be also can
be used to care for a sick child or partner. Employees are allowed to accrue
up to 40 hours of paid sick leave if they work for a small employer and
up to 72 hours for organizations with 10 or more workers. Proposition F,
enacted 11-07-2006. {N/R}
Arbitrator rules that a transit agency did
not have just cause to discharge a driver who falsely reported that he
was sick when he was absent because of alcohol abuse. This was his first
violation. Kitsap Transit and Transit Union L-134, 122 LA (BNA) 1361 (Yoshitomi,
2006). {N/R}
Arbitrator finds that a city violated the
bargaining agreement by declining to pay an officer a supplement for clothing
expense, even though he was on sick leave for more than ten months and
had no need to wear a uniform. City of Rocky River and Ohio PBA, AAA Case
#53-390-00725-05, 122 LA (BNA) 1072 (Cohen 2006). {N/R}
N.J. Public Employment Relations Cmsn. holds
that an employer must bargain over the imposition of progressive discipline
for sick leave abuses. Bor. of Roselle Park and P.B.A. L-27, P.E.R.C. #2006-85,
Docket #SN-2006-033, 32 NJPER 72, 2006 NJPER (LRP) Lexis 69 (NJPERC 2006).
{N/R}
Illinois court holds that a firefighter was
entitled to have all of his sick leave and vacation benefits reinstated
for period of time that he was off work because of work related injury
he incurred when he fell down the stairs while reporting for roll call.
Mabie v. Vil. of Schaumburg, #1-05-2457, 2005 Ill. App. Lexis 259 (1st
Dist. 2006). {N/R}
Firefighters were entitled to have lump-sum
buyouts of their sick leave included in their regular rate of pay for purposes
of calculating overtime under the Fair Labor Standards Act. Acton v. City
of Columbia, #04-3985, 436 F.3d 969, 2006 U.S. App. Lexis 3005, 11 WH Cases2d
(BNA) 359 (8th Cir. 2006). {N/R}
Arbitrator holds that management violated
the bargaining agreement when it denied male police officers use of sick
leave for paternity purposes; although city was following its policy, employees
had not been notified of policy, and unions were not given an opportunity
to respond. City of Farmington Hills and Police Officers Assn., AAA Case
No. 54-390-00146-04 , 121 LA (BNA) 569 (Daniel, 2005). {N/R}
Arbitrator concludes that a city had just
cause to terminate a police officer with back problems who had been injured
on duty, had not worked for 16 months, had exhausted all leave and was
carried on a no-pay status for six months. City of Harper Woods and Police
Officers Labor Council, 121 LA (BNA) 718, FMCS Case #04/58160 (Girolamo,
2005). [2005 FP Dec]
Arbitrator overturns a management decision
to deny paid sick leave time to two state workers who left early because
of noxious fumes in their building. Two employees credibly testified that
they felt ill after reentering the aired-out building, and the bargaining
agreement did not require a medical certification for illnesses. State
of Minn. Dept. of Admin. and AFSME C- 5, 120 LA (BNA) 1640, BMS #02-PA-1506
(Bognanno 2005). {N/R}
Third Circuit upholds a police dept. requirement
that persons on sick leave notify the city if they leave their homes during
normal working hours. A call-in policy does not violate worker rights under
the FMLA. Callison v. City of Philadelphia, #04-2941, 10 WH Cases2d 993,
2005 U.S. App. Lexis 9043 (3rd Cir. 2005). [2005 FP Aug]
Federal court grants unions partial relief
in their claim that management's requirement of a doctor's report, after
returning from sick leave, violated the ADA because it might disclose a
disability. Transport Workers Union v. NYC Transit Auth., #02C7659, 2004
U.S. Dist. Lexis 6641 (Apr. 12, 2004); 2004 U.S. Dist. Lexis 20352 (Oct.
12, 2004); and 2004 U.S. Dist. Lexis 22317, 16 AD Cases (BNA) 305 (S.D.N.Y.,
Nov. 3, 2004). [2005 FP Feb]
Court overturns the firing of a corrections
officer, who lived at a shelter for domestic violence victims. Management
unsuccessfully attempted to verify her eligibility status while on sick
leave. New York's Domestic Violence Law protects workers from discriminatory
action by employers. Reynolds v. Fraser, #122653/02, 781 N.Y.S.2d 885,
2004 N.Y. Misc. Lexis 1446 (2004).[2005 FP Jan]
When the bargaining agreement is subject
to two interpretations, an arbitrator must look to the past practices of
the parties. In the past, a doctor's note for sick leave had not been required
for absences under three consecutive days, and an arbitrator holds that
management could not require one of a deputy to justify multiple absences
of fewer than three days. Kitsap Co. and Deputy Sheriff's Guild, 119 LA
(BNA) 1753 (Gaba, 2004). [2004 FP Dec]
California appellate court concludes that
a payment for accumulated sick leave is not part of a public employee's
"final compensation" under Government Code 31461 and 31461.2
and should not be included when calculating retirement benefits. Salus
v. San Diego Co. Emplees. Assn., #D041608, 2004 Cal. App. Lexis 478 (4th
Dist. 2004). {N/R}
Arbitrator upholds the right of management
to require a worker to provide documentation for his use of sick leave.
Although the contract required documentation only for absences of more
than three days, it was reasonable for management to require documentation
where a pattern of absences of less than three days occurs. Penn Hills
and Munic. Empl. Org., 118 LA (BNA) 1806 (Franckiewicz, 2003). [2004 FP
Apr]
Arbitrator upholds the right to employ an
outside investigator, and to terminate a technician who took second job
as a real estate agent while on FMLA leave. The grievant was guilty of
falsifying the reason for his leave request and for improperly collecting
unemployment compensation. Koppers Industries and PACE L-7/91, FMCS Case
#00/03131, 115 LA (BNA) 152 (Jenks, 2000). {N/R}
Arbitrator upholds a contract clause that provides
that employees can accumulate 340 unused sick days for retirement purposes
at $20.00 per day, but only 225 accumulated sick leave days are available
for use due to illness. Peoria Bd. of Educ. and Peoria Fed. of Teachers,
118 LA (BNA) 1514 (Kenis, 2003). {N/R}
Appeals court upholds the termination of
a public employee who played golf while on FMLA leave to care for a sick
father. McDaneld v. Eastern Munic. Water Dist., #E032426, 109 Cal.App.4th
702, 135 Cal.Rptr.2d 267, 2003 Cal. App. Lexis 844, 8 WH Cases2d 1353 (2003).
{N/R}
A prison rule requiring employees who have
been away for four or more days to submit a medical certification, that
includes a brief diagnosis, violates the ADA, which prohibits any inquiry
into a disability, unless job-related and consistent with business necessity.
To establish the business necessity defense, an employer must show that
the request is vital to the business and the information is no more intrusive
than is necessary. Conroy v. N.Y. St. Dept. of Corr. Serv., #02-7415, 2003
U.S. App. Lexis 12014 (2nd Cir. 2003). {N/R}
Arbitrator concludes that an employee who
had vasectomy was not entitled to sick leave under the bargaining agreement,
which allowed paid absences because of illness; illness means a condition
caused by "disease, malady or sickness." Communications Wkrs.
of Amer. and Office & Prof. Emplees. Intern. L-2, 117 LA (BNA) 1377,
AAA Case #16-300-165-01 (Hockenberry, 2002). {N/R}
Arbitrator reinstates a state employee whose
driver's license was suspended for DUI, where he suffered from major depression.
He should have been placed on FMLA leave even though he did not request
leave. Management had a "duty" to see if the grievant's illness
qualified for FMLA and to assist him in his recovery and continued employment.
Ohio Dept. of Transportation and Ohio Civ. Serv. Employees L-11, Case #31-01-
00309-08-01-06, 115 LA (BNA) 563 (Smith, 2001). [2001 FP 92-3]
Employer did not need a written attendance
policy to terminate an employee for excessive absences, even when discrimination
is alleged. Ledet v. Guardsmark, #H-99-3516, 2001 U.S. Dist. Lexis 3051,
84 FEP Cases (BNA) 1703 (Unpub. S.D.Tex. 2001). [2001 FP 59]
In 1996 the N.Y. City Dept. of Corrections
settled a suit challenging restrictive sick leave policies. Officers were
then allowed to leave home for four "recreation hours," plus
time spent at medical appointments. Seabrook v. Jacobson, #95 Civ. 4194
(Unrptd. E.D.N.Y.). A subsequent challenge has been dismissed as res judicata.
Monahan v. N.Y. Dept. of Correction, 10 F.Supp.2d 420 (S.D.N.Y. 1998),
aff'd 214 F.3d 275 (2d Cir. 2000). {N/R}
City was not obliged to pay a resigning officer
for his unused sick leave. Ingram v. City of Princeton, #26351, 141 Lab.
Cas. (CCH) P59,014, 2000 WL 966140, 2000 W. Va. Lexis 92. [2000 FP 174-5]
Federal appeals court denies overtime claims
of police officers on sick leave, who are required to ask for permission
before leaving their homes. Aiken v. Memphis, #97-6371, 190 F.3d 753, 1999
U.S. App. Lexis 21268, 5 WH Cases2d (BNA) 961 (6th Cir.). [2000 FP 28]
Management violated the contract when it
required a police officer who was sick for one day to provide a doctor's
note for any further sick days, absent suspicious circumstances. Robinson
Twp. and Robinson Township Police Department), 114 LA (BNA) 1176 (Talarico,
2000). {N/R}
Federal appeals court rejects overtime claim
of sick police officers who claimed that stay-at-home restrictions were
too burdensome. DeBraska v. City of Milwaukee, #98-4022, 1999 U.S. App.
21069, 5 WH Cases2d 982 (7th Cir.). [1999 FP 171]
Employer had a duty to bargain over imposing
a requirement that corrections officers document leave requests to attend
medical appointments. Although the Civil Serv. Manual required proof of
illness, the manual did not preempt a statutory duty to bargain over sick
leave procedures. State of N.Y. Dept. of Corr. Serv., 31 NY PERB ¶
3065 (1998). {N/R}
California appellate court overturns a decision
which found that payment for unused sick leave was an unlawful payment
of "extra compensation." American River Fire Prot. Dist. v. Brennan,
1997 Cal.App. Lexis 792. [1997 FP 173]
Appellate court reinstates a 90-day suspension
and a demotion of a sergeant who patronized a bar before and after he called
in sick. Cox v. Sheriff's Cmsn., 669 N.E.2d 1265 (App. 1996). [1997 FP
93]
Arbitrator upholds termination of police
officer who was paid for attending National Guard duty, when in fact, he
did not. Although the officer claimed to be ill, he had insufficient unused
sick leave for those periods. Youngstown (City of) and Y. Police Assn.,
107 LA (BNA) 588 (Skulina, 1996). [1997 FP 44]
Federal appeals panel upholds an employer's
right to require workers with excessive absenteeism to submit to a fitness-for-duty
medical exam. Employee's suit under the ADA and Fourth Amendment fails.
Yin v. St. of Calif., 95 F.3d 864, 1996 U.S.App. Lexis 23903 (9th Cir.).
[1997 FP 14-15] Note: cert. petit. filed 12/96, Sup.Ct. #96-929.
Management violated its bargaining obligation
by unilaterally instituting a sick-leave abuse standard and by changing
the sick leave policy to require police officers to present a doctor's
note after only one sick day instead of after three consecutive sick days.
Cleona Bor. PP.O.A. v. Cleona Borough, #PF-C-96-71-E and 72-E, 27 PPER
(LRP) ¶ 27,239; 1996 PPER (LRP) Lexis 200 (Pa.Lab.Rel.Bd.). {N/R}
Right to payment for unused sick pay does
not ripen until retirement; employer may unilaterally change its policies.
Carson v. City of Lafollette, 878 S.W.2d 953 (Tenn.App. 1994). [1995 FP
125]
Arbitrator annuls discipline given employee
for "excessive absenteeism," for arranging elective surgery on
his shoulder. Motor Wheel Corp. and U.A.W. L-881, 103 LA (BNA) 671 (Whitney,
1994). [1995 FP 58]
County improperly docked a sheriff's deputy
for work time spent on physical therapy to recover from a duty-incurred
injury. Washoe (County of) and Washoe Co. Sheriff's Deputies Assn., 103
LA (BNA) 280 (Concepcion, 1994). [1995 FP 29]
NY appellate court sustains the termination
of an employee who was absent on sick leave for more than a year. Correction
Ofcrs. P.B.A. v. City of N.Y., 604 N.Y.S.2d 567 (A.D. 1993). [1995 FP 29]
A Louisiana appellate court finds it arbitrary
and capricious to terminate a firefighter who was on sick leave just under
6 months; the dept. allowed only a 90 day absence. In this case, the 90-day
period had been extended by the chief, and the firefighter was only a few
days over the extension. East Bank Fire Dist., 630 So.2d 286 (La.App. 1993).
[1995 FP 29]
Arbitrator upholds the right of management
to require a physician's report confirming an illness, whenever an employee
is suspected of abusive leave, even if the contract does not mandate physician-verified
excuses for absences of less than five days. Ann Arbor (City of) and AFSCME
C-25, L-369, AAA Case 54-39-1214-92, 102 LA (BNA) 801 (Roumell, 1994).
[1994 FP 173-4]
Arbitrator rules an employee cannot use sick
leave to replace pay lost during a disciplinary suspension for drug use.
Columbia Gas and UWUA Local 349, 102 LA (BNA) 84 (1993). [1994 FP 124]
Police officers are not entitled to unlimited
sick leave. Biscoe v. Balt. Police, 96 Md.App. 1, 623 A.2d 666 (1993).
{N/R}
Ohio Supreme Court holds that restrictive
sick leave policy entitled an injured officer to collect overtime pay of
16 hours per day. Queen City Lodge, F.O.P. v. City of Cincinnati, 63 Ohio
St.3d 403, 588 N.E.2d 802 (1992).
NJ County Dept. of Corrections could adopt
a sick leave verification program that includes home visits, without negotiating
the revision with the union. Somerset Co. and PBA L-177, PERC #91-119,
17 NJPER (LRP) ¶ 22,154 (1991).
Termination was not an excessive penalty
for abuse of sick leave. Shea v. Brown, 576 N.Y.S.2d 4 (A.D. 1991). {N/R}
NJ County Dept. of Corrections could adopt
a sick leave verification program that includes home visits, without negotiating
the revision with the union. Somerset Co. and PBA L-177, PERC #91-119,
17 NJPER (LRP) ¶ 22,154 (1991).
NJ Fire chief did not have to bargain with
the union before adopting a policy to require a physician's verification
of illnesses for more than two consecutive working days, and to require
firefighters to remain at their residence when on sick leave. East Orange
and FMBA L-23, 9 NJPER (LRP) ¶14,142 (1983); aff'd, PERC #84-68, 10
NJPER (LRP) ¶15,015 (1983).
Eighth Circuit upholds department's policy
that requires its police officers to remain at home when on sick and injury
leave. Decision contradicts 1983 ruling by Seventh Circuit which struck
down restrictive regulations. Crain v. Board of Police Cmsnrs., St. Louis,
920 F.2d 1402 (8th Cir. 1990).
Federal District Court in New York finds
sick leave policy overbroad and facially unconstitutional. Department required
to adopt regulations "rationally connected" to its goal of monitoring
sick and injured employees. Uryevick v. Rozzi, 751 F.Supp. 1064 (E.D.N.Y.
1990).
Employees not entitled to cash value of accumulated
sick leave when employment term ends. Simpson v. City of Blanchard, 797
P.2d 346 (Okla. App. 1990).
D.C. employees to get 4 months leave to care
for a family member or live-in partner. Would apply to POSSLQ's and gay
relationships. D.C. Family and Medical Leave At of 1990 [Bill 82], 28 (1373)
G.E.R.R. (BNA) 927.
Federal Court in New York requires police
dept. to modify its restrictive sick leave policy. Voorhees v. Shull, 686
F.Supp. 389 (E.D.N.Y. 1987).
Teacher acted dishonestly by taking sick
leave from one school while working at two others, but further proceedings
needed on whether she was unfit to teach. Bassett U. Sch. D. V. Com'n on
Pro. Comp., 247 Cal.Rptr. 865 (Cal.App. 1988).
Regulations requiring police officer on sick
leave to obtain permission before leaving residence was unconstitutional
because of lack of guidelines. Voorhees v. Shull, 686 F.Supp. 389 (E.D.N.Y.
1987).
Police officer who became blind was entitled
to unlimited sick leave under contract; contract does not violate public
policy. City of Stamford v. Stamford Police Association, 14 Conn.App. 257,
540 A.2d 400 (Conn. App. 1988).
Employee properly required to provide agency
with medical certificate after using sick leave; discharge of employee
for abuse of sick leave upheld. Moore v. Defense Logistics Agency, 670
F.Supp. 800 (N.D. Ill. 1987).
Firefighters required to work 56 hour week
are entitled to 56 hours of sick leave pay; "overtime" was not
discretionary. New Orleans Firefighters Assoc. v. City Civil Serv. Commission,
521 So.2d 452 (La. App. 1988).
Teacher not entitled to full sick leave when
she voluntarily decided to take childrearing leave after pregnancy. Grim
v. West Chester Area School District, 529 A.2d 71 (Pa.Cmwlth. 1987).
Employee who suffered from hypertension brought
on by police work was entitled to sick leave pay. Blair v. Board of Selectmen
of Brookline, 24 Mass.App. 261, 508 N.E.2d 628 (1987).
Firefighter was properly terminated for abuse
of sick leave by going hunting. Waters v. City & City of Montgomery
Personnel Board, 507 So.2d 951 (Ala. Civ.App. 1986).
Arbitrator reinstates prison worker who got
married and went to Las Vegas while on sick leave for job-related stress.
American Fed. of Govt. Emp. Local 2313 and Federal Corr. Instit., Safford
AZ, FMCS #87K-04825 (1987).
Firing of police office when available sick
leave ran out could violate constitutional right to due process when pre-termination
hearing not provided; no requirement to exhaust administrative remedies
before filing lawsuit. Feder v. Pope, 498 So.2d 270 (La.App. 1986).
Police officers who took disability retirement
precluded from bringing lawsuit over deprivation of unused accumulated
sick leave when they failed to exhaust available administrative grievance
procedure. Moran v. Stowell, 724 P.2d 396 (Wash.App. 1986).
Circumstances governing leaving duty to obtain
medication must be well-defined to warrant discipline. Hayes v. Dept. of
Police, 489 So.2d 264 (La.App. 1986).
Employees on sick leave do not accumulate
vacation time and additional sick leave benefits. Anzalone v. City of Watertown,
500 N.Y.S.2d 913 (Misc. 1985).
Deputy who partied and joy-rided while on
sick leave was lawfully terminated. Paulino v. Civil Serv. Cmsn. of Co.
of San Diego, 221 Cal.Rptr. 90 (App. 1985).
Officer who was required to stay at home
while on sick leave was entitled to be paid overtime for all but sleep
periods. Town of Haverstraw v. Rockland Co. Patrolmen's Benev. Assn., 65
N.Y.2d 677, 480 N.E.2d 248 (1985).
Terminated officer not entitled to accumulated
sick pay. Doughton v. Vil. of Mariemont, 16 Ohio App.3d 382, 476 N.E.2d
720.
Employees entitled to use up sick time before
going on involuntary disability retirement. Imborone v. Dept. of Police,
471 So.2d 274 (La. App. 1985).
FOP and IAFF successfully challenge Philadelphia's
restrictive sick leave (stay at home) policies; home visitation upheld.
Philadelphia FOP and Local 22 IAFF v. City of Philadelphia, 599 F.Supp.
254 (E.D. Pa. 1984).
City can unilaterally adopt doctor verification
system, but must bargain with union who pays for the reports. City of Elizabeth
Fire Officers Assn., 198 N.J. Super. 382, 487 A.2d 337 (A.D. 1985).
Termination proper for numerous sick leave
violations; union activities irrelevant. Peyton v. New Orleans Police Dept.,
451 So.2d 1224 (La.App. 1984).
Federal court orders Philadelphia's police
and fire commissioners to revise their "stay-at-home" sick leave
policies, by adopting standards for approving or denying "sunshine"
passes. Phila. Lodge 5 FOP/L-22 IAFF v. Phil., 599 F.Supp. 254, 1984 U.S.
Dist. Lexis 21351 (E.D.Pa.). {N/R}
Department cannot enforce stay-at-home rule
for convalescing employees when department does not have light duty positions.
Cittadino v. Dept. of Police, 434 So.2d 164 (La.App. 1983).
Broadly worded stay-at-home rule struck down
as a violation of an employee's civil rights; unanimous federal appeals
ruling. Pienta v. Vil. of Schaumburg, 710 F.2d 1258 (7th Cir. 1983), affirming
trial court decision at 536 F.Supp. 609 (N.D. Ill. 1982); See also: Macci
v. Whaley, 586 S.W.2d 70 (Mo.App. 1979).
Officer fired for insubordination in unrelated
investigation has no right to continuation of sick pay for duty-incurred
injury. Hennessey v. Town of Bridgewater, 446 N.E.2d 58 (Mass. 1983).
NJ Fire chief did not have to bargain with
the union before adopting a policy to require a physician's verification
of illnesses for more than two consecutive working days, and to require
firefighters to remain at their residence when on sick leave. East Orange
and FMBA L-23, 9 NJPER (LRP) ¶ 14,142 (1983); aff'd, PERC #84-68,
10 NJPER (LRP) ¶ 15,015 (1983).
Recovering employee must return to duty when
medically fit; no right to demand assignment to light duty. Barry v. Wilson,
448 A.2d 244 (D.C. App. 1982).
Requirement that employee remain home while
on sick leave cannot be haphazardly enforced. Additional charge of sexual
misconduct levied by his ex-wife was not believable. City of San Antonio
v. Flores, 619 S.W.2d 601 (Tex. Civ. App. 1981).
Department could terminate employee for patronizing
a bar while on sick leave; rule served valid employment purpose. Timmons
v. Municipal Fire & Police Board of Bogalusa, 395 So.2d 1372 (La. App.
1981).
Employee entitled to exhaust sick leave prior
to beginning of disability pension. Throne v. City of Palos Verdes Estates,
174 Cal.Rptr. 332 (App. 1981); Campbell v. City of Monrovia, 148 Cal.Rptr.
679.
Arkansas supreme court finds that sick leave
benefit laws can be prospectively changed, subject to then-vested time.
City of North Little Rock v. Vogelgesang, 619 S.W.2d 652 (Ark. 1981).
Unilateral requirement that employees obtain
doctor's certificates for sick leave violated past practices clause. Chula
Vista Police Officers" Assn. v. Cole, 165 Cal.Rptr. 598 (App. 1980).
Stringent stay-at-home sick leave rules upheld;
ninety days suspension for minor abuse affirmed by Louisiana appellate
court. Willem v. City of New Orleans Dept. of Police, 368 So.2d 1235 (La.
App. 1979).
Employee not required to stay at home and
could not be fired for traveling to next town to purchase a car. City of
Logan v. Dingess, 242 S.E.2d 473 (W. Va. 1978).
Refusal to report back to work supported
dismissal. Michot v. Dept. of Police, 363 So.2d 1274 (La. App. 1978).
Civil Serv. must weigh conflicting medical
evidence; courts should not disturb findings. Richardson v. Connelie, 409
N.Y.S.2d 448 (A.D. 1978).
Oregon appellate court reinstates employee
terminated for sick leave abuse; charge valid, but evidence was lacking.
Tanory v. Civil Serv. Cmsn., Fire Prot. Dist. 10, 559 P.2d 523 (Ore. App.
1977).
May a disabled employee exhaust his sick
leave before taking his pension? California appellate court resolves state
and local provisions. Marsille v. City of Santa Ana, 134 Cal.Rptr. 743
(App. 1976).
Excessive Sick Time as subject of discipline.
Hammer v. Oregon State Penitentiary, 543 P.2d 1094 (Ore.App. 1975).
City's order to named firefighters, who were
suspected of sick leave abuse, to take physical exams ruled an improper
change of working conditions, and not justified by a past practice. City
of Allen Park and Allen Park Fire Fighters Assn., Local 1410, AAA Case.
#54-39-0844-75 (1975). [1976-2 FP 8].
See also: Disability
Rights and Benefits; Past Practices, Precedents
& Zipper Clauses; Pregnancy Policies and
Discrimination.
Back to list of subjects Back
to Legal Publications Menu