Noelle Frampton, Staff Writer
Published: 01:06 p.m., Monday, June 28, 2010
BRIDGEPORT -- Year after year at Christmastime, the same people are struck by illness.
Others book out on paid sick leave for half a year because they're "stressed," suspiciously during summertime, and return to work only to take another months-long paid absence the next year.
What employer would let workers get away with this for years? The Bridgeport Police Department.
But not for much longer, hopes the new lieutenant in charge of sick and injury matters for the department.
Lt. William Ron Bailey has proposed a new policy designed to shorten the time that elapses before administrators can verify sick and injury claims, and the Police Commission expects to approve a revamped version of that policy next month.
For an unclear number of years, the department has followed an unwritten practice that allows six months to elapse before an independent medical examination is sought, and six months is too long, Bailey said.
"We're trying to cut down on the abuse," he told commissioners at a recent meeting. "To get people back to work. I don't know anyone in the public or private sector that can take six months off before something is done."
He wants to be able to verify an officer's sick or injured status as soon as it's referred to him -- after 20 workdays -- in hopes that will help save the department's rare unlimited-sick-time policy for those who actually need it.
"If it keeps getting abused, I guarantee they're going to take it" away, he said.
Since Bailey took charge of sick and injury matters for the department in January, he's noticed about four sworn police
officers -- he didn't name them or discuss details -- with patterns of booking out with suspicious "sick" and "stress" claims.
The more time they're out, the more others have to work, and the job can be stressful for everyone, he said. Their absences likely mean overtime costs to cover their shifts, and some have been known to use their paid time off to work second jobs.
"All they have to do is tell me they're `stressed' -- they don't have to do anything else and I'm stuck," he said. "I've had officers take off three months, six months or even longer. That seems to be unacceptable."
One officer, for example, was out for several months due to "stress," but refused Bailey's suggestion of a psychiatric evaluation. That same officer has an "extensive" sick and injury folder, the lieutenant added.
People like that are clearly working the system, while others need time to recuperate from legitimate injuries and illnesses, he said, adding that two officers now are battling cancer and he urged them to take as much time as they need.
Typically, Bridgeport officers must provide a doctor's note if they're out sick more than two consecutive days and may take those two days, note-free, five times per year. For questionable claims such as "stress," however, doctors' notes may need to be verified, Bailey believes.
`THE RIGHT TO KNOW'
Assistant City Attorney Salvatore C. DePiano, who was at the commission meeting, said he's never heard of an employer with time constraints on when independent medical evaluations can be requested.
"If you're paying the freight, you have the right to know if the freight you're paying is valid," DePiano said.
"I think there's discretion that's invested in the department."
The attorney added that Bailey could legally move forward to change the approach without a new policy, because there's nothing in writing requiring a six-month waiting period.
When Bailey recently suggested verification to a "sick" officer, however, he said he was hit with complaints of unfairness and therefore wanted a written policy to back him up, he told commissioners.
Sgt. Charles Paris, president of the police union, initially questioned "subjective" wording in the proposed policy, saying the factors determining when independent evaluations would be ordered need to be clear.
But later, after consulting with the union's attorney, Paris said such orders are "something that the city can do now. There's no limitation. It's not that the officers and the union have held this up. It's the city's ability to do it when they want to, and they've failed to do it in a timely manner. I think if they ran the office the way the city could run it, it wouldn't be an issue."
The department's past approach to sick leave has varied somewhat depending on who's in charge, he said.
The commission asked Bailey to clarify some aspects of his proposal before he returns next month.
"I am conceptually in support of the policy change," said commission Chairwoman Theresa Brown, adding that the issue involves a balance between the administration's legal right to seek verification and "good labor relations" with members of the department.
Meanwhile, based on DePiano's advice, Bailey believes he is not limited to unwritten "past practice" and therefore plans to start cracking down this week, even without the new policy.
"I am going to be disciplining people," he said. "I know a lot of people are going to get mad, but ... I'm going to be pushing the envelope, and we'll see what happens. If you're out on `stress' for 30 days, it's a problem. Because I've got a guy who's got cancer and he deserves that time, not you."
OTHER TOWNS' POLICIES
In Milford and Stratford, unlimited sick leave gave way years ago to accrued time; a range of five to 20 days per year.
Each department requires a doctor's note after more than two or three days out sick. On-the-job injuries are separate, because they involve workers' compensation.
Stratford's Human Resources Director Ronald Ing said he doesn't know of any cases of abuse in which an independent medical evaluation was in order. If such a case did arise, he said he'd have to check the union contract and possibly ask town attorneys to determine if the town has the right to order one.
Past practice would play a role, too, he added.
Stratford officers hired after December 31, 2006, about 22 percent of the department, incrementally earn 15 days of sick time per year, said Capt. Kenneth Bakalar, department spokesman.
Officers hired before that date had the option of sticking with the old unlimited sick plan, which allows up to a year and a day sick. About five opted for the earned sick time, Bakalar said.
In Trumbull, where police have had unlimited sick time for decades and abuse is uncommon, the department may seek independent medical evaluations at any time, said Deputy Chief Michael Harry.
The average sick time out per officer in Trumbull is lower than the average police allowance of 12 days per year, he said.
"You get a guy or two that might abuse it but in general, most officers are pretty good about it," Harry said. "If it was being abused, believe me, we wouldn't have it anymore."
Milford officers accumulate 10 hours of sick time each month, or five days per year, said Milford Police Chief Keith Mello. Except in "hardship" cases, when officers are allowed to go into deficit on sick time and pay it back, they aren't paid for sick days beyond their accumulated time.
The department can order independent medical evaluations at any time, Mello said.
"We have reduced the use of sick time in the department considerably over the years and we seldom see cases of abuse," he wrote in a recent e-mail. "We do not allow an employee to remain out of work indefinitely. However, if an employee has a long term illness or injury that is curable, it is in everybody's best interest to show patience and understanding and to help that employee return to work as soon as possible."
The department considers officers' histories, and requires all those out sick or injured on duty to remain at home during their normally scheduled work hours except for doctor's appointments, "to take away any incentive to use a sick day merely as time off," Mello said.
`THAT'S RIDICULOUS'
Fairfield and New Haven never had unlimited sick time, officials said.
New Haven's policy requires "a medical certificate, acceptable to the chief" for any absence more than three days and in cases of "frequent or habitual absence from duty, and when there is reasonable cause for requiring such certificate."
In Fairfield, officers may be compelled to get physical examinations but don't have to release the results to the town, said Sgt. James Perez, police spokesman.
In 1990, the Fairfield police union agreed to a new policy that chopped paid sick days from 90 to 30, he said. "We realized that (extended sick time) was a little bit crazy, because people tend to take advantage of it," he said. "Even the union president realized that there was a major abuse taking place. Systems should be in place ... (to) root out those who are abusing the system. It's meant to be used by those who work hard and need it -- not by those who make a career out of it."
In 2005, a new contract shrunk sick time further, capping it at 10 days per year for the newest officers and 28 for those with more than a decade on the job, Perez said.
"In today's economy ... you can't expect to have unlimited sick time," he said. "That's ridiculous, especially for a city that's broke."
Bailey said earlier this month that he would revisit his new policy proposal at the commission's request, adding that it was already approved by the department's behavioral health consultant and its chief, as well as the city's labor department.
He said only those with patterns that may indicate abuse would have to undergo the evaluation under the new policy, he said. "We're talking about a history.
"Everybody in the department knows who those officers are that are abusing the sick time. It's always the same ones," he said. "And they need to stop. Most of the men and women of the department come to work. The few that don't, ruin it for everyone else. It's just not fair."
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