Legal Question in Medical Leave in New Jersey

Being disiplined for using family leave

I work for a law enforcement agency in New Jersey. I used family leave for a failed adoption, childbirth and a successful adoption. All leave was approved and I was allowed to use sick time and vacation time so that I would be paid while on leave. Until I used sick time for my leave I had a high total sick time on account too length of service ratio. The department has recently put in place a policy that you must maintain this high ratio or be subject to disciplinary actions. This policy violates our standing S.O.P. and contract but that is another issue. Due to this low ratio caused by the leave they approved I was put on a watch list. I am now being disciplined (a 1 day suspension without pay followed by a 3 day suspension without pay) They state it is because I violated other issues of the illegal policy but I maintain that I should not have had my family leave time held against me there fore not been put on the watch list. I can only hope that this is coming across clear and you understand. Any insight on this matter would be GREATLY appreciated. Thanking you in advance.


Asked on 12/02/03, 8:58 pm

1 Answer from Attorneys
Albert Van-Lare The Law Office of Albert Van-Lare

Re: Being disiplined for using family leave

You explained yourself very clearly.You need to file your grievance today.

The Department cannot make a new policy and give it retroactive effect and then punish you for an act that was clearly proper and legal when you engaged in it.It is a violation of your contract as you stated howver it is not another matter.It is the real issue here. Note two points: 1 The Department cannot unilaterally change the contract and 2 The Department policy cannot override the contract.

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Answered on 12/03/03, 6:40 pm


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