PEF lawsuit rescues ailing member unfairly deprived of sick leave

By Sherry Halbrook
You might expect the state Health Department (DOH) would want to set a good example in promoting the health of its employees and in supporting those with serious illness. But that was not the experience of one PEF member who was forced by DOH to exhaust her leave at a time when she most needed to conserve it.
Fortunately for her, PEF sued the Health Department resulting in a very favorable settlement.

The member has serious medical problems and needs full use of both her sick-leave accruals and her 12-week leave entitlement under the federal Family and Medical Leave Act (FMLA). In late 1997 she missed a few days of work because of the flu.
However, the DOH refused to let her return to work until she was checked by two physicians from the state Employee Health Service. One physician found her fit to return to work, but the other did not.

The DOH forced the member to stay out of work for several months until she exhausted her FMLA-leave entitlement.

PEF sued the DOH charging that forcing her to take the leave violated her due-process rights under state Civil Service Law and the FMLA.

Recently, the DOH agreed to settle the lawsuit by restoring her sick-leave accruals and her FMLA entitlements that had been used during the involuntary leave. The member is to receive full back pay for that entire period.