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.
     

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