PEP, September 2006: FMLA dispute. Local 1549 takes NYPD to federal court

A group of 911 Emergency operators in Clerical-Administrative Local 1549 have filed a federal lawsuit against the New York Police Department for its arbitrary violations of their rights under the federal Family and Medical Leave Act.

The papers, which were filed June 20 in U.S. District Court in Brooklyn, stated the NYPD repeatedly denied legitimate leave to 300 or more Police Communications Technicians and Supervising PCTs by canceling all sick time and FMLA-excused absences during the December 2005 Transit Workers strike and on at least four other occasions going back to 2003.

The lawsuit charges that the NYPD:
• Violated the FMLA by failing to post federal rules and regulations;
• Gave employees “below satisfactory” evaluations for absences authorized under the FMLA;
• Misapplied its sick leave Step Program to approved FMLA absences; and
• Broadly cancelled approved FMLA leave.

Passed in 1993, FMLA allows employees up to 12 weeks of unpaid leave during any 12 months for the birth, adoption or foster care placement of a child, to care for an immediate family member (spouse, child, or parent) with a serious health condition, or when the employee is unable to work due to a serious health condition.

Citing staffing shortages, the NYPD denied employees’ pre-approved leave under the FMLA in December 2005. Management marked those who called in sick or used pre-approved FMLA leave AWOL, absent without leave, and docked their pay. The agency requires that employees who use intermittent FMLA leave have their doctor recertify the medical condition every 30 days.

“Management says we have an obligation to protect the public. But do we lose our rights as workers because of that obligation?” asked Chapter Chair Pam Rodriguez. “We have to show compassion to the public, but there is none shown for us, the workers.”

Despite numerous labor-management meetings, NYPD continued its illegal practices, leaving the union with no recourse but the federal lawsuit, said Ron Arnero, assistant director of DC 37’s Clerical Division.

In addition to the federal court case, the union has filed an improper practice charge with the Office of Collective Bargaining over the misapplication of the Step Program, and a group grievance for the cancellation of non-FMLA sick leave in violation of the citywide pact.

“Unions and working people fought hard to pass the FMLA,” said Local 1549 President Eddie Rodriguez. “We won’t let management take those rights away.”