2010AP2254 Milwaukee Police Association v Flynn

Listen to this article

Employment
Public employment; just cause hearing

Section 62.50 does not apply to unpaid FMLA leave.

“[N]either the language nor context of Wis. Stat. § 62.50 suggest that a ‘just cause’ due process hearing is required when an officer’s police powers have been suspended due to the officer taking FMLA leave. Although Grycowski argues that § 62.50(13), which provides an officer the right to appeal an ‘order of discharge or suspension or discipline,’ see id., allows for appeals from non-disciplinary suspensions, for all of the reasons we explained above, his argument is not supported by the statutory language in its entirety. See Kalal, 271 Wis. 2d 633, ¶46. Additionally, at no point in the relevant subsections—indeed, at no point in the entire statute—is FMLA leave, medical leave, or any other kind of leave due to illness mentioned by name or even described.”

Affirmed.

Recommended for publication in the official reports.

2010AP2254 Milwaukee Police Association v Flynn

Dist. I, Milwaukee County, Moroney, J., Curley, J.

Attorneys: For Appellant: Cermele, Jonathan, Milwaukee; For Respondent: Houren, Maurita F., Milwaukee

Full Text