According to a complaint filed in Suffolk Superior Court on Wednesday, five state troopers allege their agency violates the state Paid Family and Medical Leave Act by penalizing them for taking time off during times of need.
By the class-action lawsuit, troopers who used the state's Paid Family and Medical Leave Act to take time off for the birth of a child have lost seniority, affecting their shift selections, employment locations, vacations, and retirement, in violation of state legislation approved last year.
Massachusetts Police Allegedly Violates PFML Act
Trooper Tamar Bucci was put to rest on the day the lawsuit was filed. She died at Stoneham after being struck by a truck while on duty. The charges come as the agency works to expand the number of female and minority troopers to better reflect the communities they serve.
In 2020, 88 percent of sworn members were Caucasian, and 95 percent were men. Minorities made up 12% of the population, while women made up just 5%. "It is outrageous that the Baker Administration would punish Troopers for taking constitutionally allowed time off to attend to urgent medical, familial, or personal matters," the troopers' union, the State Police Association of Massachusetts, said in a statement, WCVB reported.
The seniority of a trooper is determined by their rank in the academy's graduating class. However, when troops take paid family or medical leave, they are demoted to the bottom of the seniority scale.
One of the plaintiffs, Serena Trodella, gave birth to her first child on October 4, 2021. Her seniority went from 112th in her class to 240th, the very lowest, on the first day of her absence. According to Atty. Matthew Patton of Lichten & Liss-Riordan, the State Police broke the law by refusing to allow troopers to pay to their retirement plan while on leave, and their vacation time is not tallied against their years of service for pension reasons.
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State Police Policy Forbids Troopers To Speak to Media
The rule could also violate the troopers' contract, which specifies that leave taken for family or medical reasons shall be "credited as time for purposes of seniority." David Procopio, a spokesperson for the State Police, declined to comment on the case. The paid leave law, which went into effect in January 2021, permits pregnant employees to earn up to $1,084.31 per week for up to 20 weeks.
Others can often take up to 12 weeks off to care for a relative or connect with a newborn. Employees' "advancement, seniority, length-of-service credit, or other employment benefits" should not be affected by taking a vacation, according to the legislation. Another complainant, Trooper Cynthia Pham, is pregnant and expecting her second child on March 24. According to the lawsuit, she intends to take a leave of absence, which will reduce her seniority from 203 to 240, as per The Boston Globe via MSN.
Last year, Joao Christian Barros, the only male complainant in the case, planned to take time off to care for his newborn baby, but he opted against it after learning that he would lose his seniority. Although it is against State Police protocol for troopers to speak to the media, one trooper who just went on maternity leave consented to be quoted if she could stay anonymous.
"To be able to bond with your child and not have to worry about being able to pay your bills and if your job will be there in the same manner before you took leave," she said, "the law's goal is to allow you to bond with your child without having to worry about being able to pay your bills and if your job will be there in the same manner before you took leave."
The four female plaintiffs have also filed complaints with the Massachusetts Commission Against Discrimination for sex discrimination. Colonel Michael Halpin, Special Counsel to the State Police, stated in response to two of the MCAD complaints that the agency follows all state laws and union contracts, according to Boston.
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