Tag Archives: sick leave

Suit Claims Atlanta Fire Failed To Accommodate BC With Long-COVID

A battalion chief with the Atlanta Fire and Rescue Department who developed long-COVID in 2021, has filed suit claiming the city violated the Americans With Disabilities Act by denying his request for a light-duty assignment. BC Sean Johnson filed suit alleging disability discrimination and failure to accommodate under the ADA.

Mass Civil Service Commission Renders a Split Decision in Boston Discipline Case

The Massachusetts Civil Service Commission has upheld in part, and reversed in part, discipline of a Boston firefighter on charges of insubordination, unbecoming behavior, and being absent without leave.

Probationary LA County Firefighter Claims Disability Discrimination

A probationary firefighter with the Los Angeles County Fire Department who resigned after just ten months on the job due to stress and harassment, has filed suit against the county claiming disability discrimination. The suit was filed suit in Los Angeles County Superior Court alleging six counts of employment discrimination under state law.

Ohio Firefighters Sue to Force Arbitration of COVID Sick Leave Grievance

Youngstown Professional Firefighters, IAFF Local 312, has filed suit against the City of Youngstown seeking an order compelling the city to arbitrate implementation of a change to quarantine procedures for COVID 19 exposures. The suit follows three years of labor-management discord resulting in over 45 grievances, and three unfair labor practices charges against the city.

COVID-Related Cases in the Headlines

Two COVID-related cases are in the Fire Law News. In the Northern Mariana Islands, nine firefighters who were terminated for refusing to get a COVID-19 vaccination, have filed suit claiming the Department of Fire and Emergency Medical Services and its commissioner, Dennis Mendiola violated their Constitutional rights.

Fire Law Podcast 32: Legal Implications of Corona Virus COVID-19 and Quarantine

In this episode, Curt and Bill Maccarone discuss the legal implication of the Corona Virus COVID-19 quarantine on fire departments and firefighters. Quarantine raises questions associated with sick leave, work-time, overtime, and workers compensation and all are discussed in the podcast.

Alabama Chief Sues For Constructive Termination, Retaliation, and Denial of Benefits

Former Selma Fire Chief Toney D. Stephens has filed suit claiming that Mayor Darrio Melton made his working conditions so intolerable that he was left with no alternative but to resign in April, 2019. Chief Stephens alleges Mayor Melton retaliated against him because of his protected political activities.

Illinois Widow Sues Fire Department For Lost Sick Time

The widow of an Illinois firefighter who died of cancer in 2017, is suing the fire department he worked for to recoup the value of the sick leave he was forced to take while incapacitated due to his medical condition. Joliet Fire Department Lieutenant Scott Carroll died on July 29, 2017 of myxoid liposarcoma. He became unable to work and thereafter was forced to use his accrued sick leave.

St. Paul Investigating Sick Leave Abuse

Officials in St. Paul are investigating whether three officers misused their sick leave, costing the city ten of thousands of dollars. ABC Channel 5 is reporting that the three “are under investigation for allegedly defrauding the department of sick pay.”

Credit for Vacation and Sick Leave Under the FLSA

Today’s burning question: If a collective bargaining agreement requires a fire department to count vacation and sick time as hours worked for overtime purposes, do these hours have to count toward hours worked for FLSA purposes.

Sick Leave Abuse or Family Medical Leave Act Violation

Today’s burning question: I was a probationary firefighter and used accrued sick and vacation leave to take care of my wife and children, but my employer fired me. Do I have a case? Answer: While as a probationary employee you are an employee at-will, an employer cannot discriminate nor violate statutory rights that are granted by state and federal law.

RI Firefighter Settles Sick Leave Abuse Termination Case for $175k

A Rhode Island firefighter who was terminated for sick leave abuse in 2015, has agreed to resign and accept a $175,000 settlement rather than continue to fight for reinstatement. Patrick White, a 15-year veteran of the Tiverton Fire Department, was fired in early 2015 for alleged sick leave abuse.

Wisconsin City Settles Severance Suit With Former Fire Chief

The City of Sheboygan has agreed to settle a suit by former Fire Chief Jeff Hermann over payment for accrued sick and vacation leave. The suit was filed after the city refused to pay Chief Hermann roughly $37,000 in accrued leave when he retired in 2014.

Sick Leave and Hypocrisy

Today’s burning question: My fire department has a sick leave policy that states "Members of the Department on sick leave, when not hospitalized, are expected to remain at home, unless authorized by a physician for light duty." There are exceptions for medical care, prescriptions, etc. Is this a legal and supportable policy?

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