Judge Rules Workers Entitled to Paid Leave To Get Mammograms

A Dutchess County Supreme Court Justice has ordered the Wappingers Central School District to restore sick leave to three Civil Service Employees Association members whom the district forced to use sick time for breast-cancer screenings.

DANNY DONOHUE: Paid leave saves in long run.

The CSEA filed suit against Wappingers, claiming it violated state Civil Service law by not paying employees for time taken to get a mammogram. The 2002 law — which states employees are entitled to up to four hours' leave annually to have a mammogram or prostate cancer screening without loss of accrued leave — was amended in 2007 to include municipal and school district employees.

Union: In Employer's Interest

CSEA President Danny Donohue applauded the July 14 decision by Supreme Court Justice James V. Brands. "It encourages workers, who may not do so otherwise, to undergo these lifesaving tests for cancers that are highly treatable if caught in time," he said. "It's really a bargain when you consider the long-term costs of managing these diseases if they are not caught early. The potential savings in lost workdays and health-care costs for protracted hospital stays, surgery and other avoidable procedures is well worth the investment of a few hours of an employee's time."

The school district argued that even though the law required employers to allow the time off, it did not require them to pay the workers, according to court documents.

The three plaintiffs in the suit took a total of 4-1/2 hours off from work for breast cancer screenings in late 2007 or early 2008. After all three lost sick time, the court ruled the intent of the legislation was to prohibit docking paid leave.

Stephen Madarasz, a CSEA spokesman, said Justice Brands' decision sends an important message he hopes will affect two similar lawsuits — one in Saratoga and one in Erie County — that the union has pending.

The State Legislature passed a bill last session that will remove any doubt about the intent of the original law. The bill is waiting for Governor Paterson's approval.