During 9/11/2001, I was a Police Officer with the NYPD. Soon after I got sleep apnea, bronchitis, GERD, and the WTC cough. On 7/18/2003 I left the NYC municipality and started working for the city of Yonkers as a firefighter.
Over the years as my condition got worse I would just call in sick. I now take medication: Inhalers and I use a CPAP machine for sleep apnea. Recently my contract has changed with the city of Yonkers. In an effort to slow overtime payment incurred by its members, the City of Yonkers now offers a sick leave incentive of money.
My question: If and when I get sick in the future, can I count my sick leave as a line of duty injury, being that I did not work for this particular municipality during 9/11/2001? Does the state have any say in this? Thanks for any information you can give about this.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
The City of Yonkers sets the following parameters or sick leave:
“Under current contract, Yonkers firefighters are allowed unlimited sick leave. That means unlimited sick leave for any and all illnesses or injury regardless of the cause, including those unrelated to work duties.
Sick leave varies widely in the Fire Department and only some appear to abuse it. It is important to understand that just 10% of Yonkers firefighters are responsible for 52% of all the sick time used.
However in order to maintain this outstanding department without threatening the City’s finances or raising taxes to crushing levels, it is essential to address the inordinate use of sick leave by the 10% of firefighters abusing the current policy. The City can no longer afford to pay excessive overtime costs to make up for some firefighters who take non-job-related sick leave at rates far higher than should otherwise be expected.”
Learn more here: Workers’ Comp & Pre-existing Conditions
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
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