SAN ANTONIO – A San Antonio police captain is challenging a department policy that caps the amount of time off she can take off, claiming it will force her to retire at the end of this week.
Laura Andersen has filed a request for a temporary restraining order to stop the city from enforcing the policy enacted in January. It caps the use of all earned leave, vacation, holiday or compensatory time to 60 work days per year. The request claims that violates the collective bargaining agreement between the city and the officers.
The 23-page court filing says Andersen started using leave under the Family and Medical Leave Act in March to care for an ailing family member. It says she will have used all 12 weeks of her FMLA leave time Friday.
"Captain Andersen has made numerous requests to utilize her accrued leave to include compensatory time earned during her years of service with the SAPD but those requests have been repeatedly denied. If Captain Andersen's request to utilize her accumulated leave is not granted she will be forced to retire as of Friday June 23, 2017," the document says.
Andersen claims the early retirement would cost her $275 per month in pension funds and that it will cause her to "suffer severe tax consequences due to the city paying out her accumulated leave in one lump sum."
The document also says the policy impacts "all the members of the bargaining unit equally."
It also says the policy conflicts with the city's contract with the police officers, quoting part of the agreement:
"The decision to unilaterally change the terms of the Collective Bargaining Agreement violates the past practice of this department and the stated contract provisions. Until the Department finds an equitable solution to whatever perceived problem they have, without violating the CBA, then this exercise of rights must continue without being restrained and interfered with. This grievance is being sought for the protection of the CBA as well as any and all effected member of the bargaining unit."
The court filing asks a judge to set a hearing, as well as a court order to keep the department from continuing the leave policy. A hearing date has not been set. The city has not yet filed a response.
"The suit was filed late today. We are reviewing the complaint and have no comment at this time, but we're confident the Chief of Police has the right to manage the department," said Jeff Coyle, Director of Government and Public Affairs for the city.