Public Employee Press

Lawsuit on NYPD family leave violations will cover 1,000

DC 37 attorneys recently won class action status on behalf of Local 1549 members in their lawsuit against the New York Police Dept. over repeated violations of their rights under the Family and Medical Leave Act of 1993.

The class certification means that the federal court action now covers over 1,000 current and former Police Communications Technicians and Supervising PCTs.

The FMLA capped a labor movement drive to improve family protections against harsh treatment by management. The law says employers must provide up to 12 weeks of job-protected, unpaid leave a year for serious health problems or to care for a newborn or adopted child or a seriously ill family member.

Over 50 million Americans nationwide, 58 percent of them female and 42 percent male, took FMLA leave from 1993-2004. But the NYPD flouted the law.

“They denied us our rights,” said Pam Rodriguez, Local 1549’s PCT/SPCT chapter chair, “through blanket cancellations and by making people with permanent conditions recertify every 30 days — even paraplegics in wheelchairs and parents with continuing childcare needs.”

The agency rejected her own request to use her intermittent FMLA leave to take her sick mother to a doctor’s appointment.

“Since our lawsuit has been progressing, the NYPD has not been canceling our leaves, so we’ve already made some progress,” said 24-year veteran Cynthia Hill, chief steward at the 911 Communications Center.

“Cynthia Hill and the other lead plaintiffs have really stuck to their guns,” said Grievance Rep Rhonda Spaulding. “They’re fighting for what they believe in.”

Clerical Division Director Ronnie Harris said the goal of the suit is “to force the NYPD to comply with the law.”

Notices were to be sent to class members in late May or early June, said DC 37 attorney Steven Sykes, who has been handling the case with outside attorneys.

“If you believe you should be part of this class action and you don’t receive the notice by the end of June — especially if you were denied intermittent FMLA leave — write to request one,” said Sykes. Write Maureen M. Stampp, Esq., at Lewis, Brisbois, Brisgaard & Smith LLP, 199 Water Street, Suite. 2500, New York, NY 10038.