Milwaukee Police Ass'n v. Flynn
801 N.W.2d 466
Wis. Ct. App.2011Background
- Grycowski, a Milwaukee Police Department employee with chronic back injury, was placed on unpaid FMLA leave after a fitness-for-duty evaluation.
- Dr. Bonner found Grycowski permanently unfit for police work, citing pain, anxiety, PTSD, sleep issues, and physical limitations.
- Spahiu advised FMLA leave could be used, with limited paid leave; remaining time would be unpaid.
- Grycowski was on unpaid FMLA leave for about three months beginning September 2009, with police powers suspended.
- Grycowski sought a Wis. Stat. § 62.50 “just cause” hearing and pay/benefits during suspension; Board rejected jurisdiction for non-disciplinary leave.
- Trial court upheld the Board’s position; Grycowski appeals, arguing § 62.50 applies to FMLA leave and to pay/benefits pending review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 62.50 applies to unpaid FMLA leave | Grycowski: § 62.50 governs suspensions; applies to FMLA leave | Respondents: § 62.50 governs disciplinary actions only; not FMLA | No; § 62.50 governs disciplinary actions, not FMLA leave |
| Whether Grycowski was entitled to a just cause hearing under § 62.50 | Grycowski: leave as a suspension/disciplina ry action warrants hearing | Respondents: he was not disciplined; leave due to medical fitness evaluation | Not entitled to a just cause hearing |
| Whether Grycowski was entitled to pay and benefits during suspension pending review | Grycowski: entitled under § 62.50(18) to pay/benefits | Respondents: § 62.50 does not apply; no pay/benefits pending review | Not entitled to pay and benefits pending review |
| Whether the Chief improperly used FMLA leave to bypass due process | Grycowski: Chief acted to circumvent § 62.50 | Respondents: no record support of improper motive | Not sufficiently developed in record to consider; rejected as a theory |
Key Cases Cited
- Kraus v. City of Waukesha Police and Fire Comm'n, 261 Wis. 2d 485 (2003 WI) (establishes just cause hearing only for disciplinary action under § 62.50(11)-(19))
- Kalal v. State ex rel. Kalal, 271 Wis. 2d 633 (2004 WI) (statutory interpretation framework; context governs meaning)