State again denies Metuchen teacher sick leave for high-risk COVID

A teacher in the Metuchen school district has lost an appeal of a decision by the state education commissioner denying his request for sick leave, citing a medical condition that poses high health risks if he contracts COVID.

Robert Strauss’s request for sick leave was previously denied by an administrative law judge, and his appeal of that ruling was denied by an appellate court last week.

Strauss, who is listed on the Metuchen school district's website as a second grade teacher at Campbell Elementary School, has been treated and diagnosed with an autoimmune condition, according to court papers. The appellate court ruling issued states he suffered from the illness prior to the COVID pandemic and was able to work and carry out his teaching duties in person.

Strauss has received letters from doctors explaining possible life-threatening implications if he were to contract the COVID, and he sought to use sick leave to avoid risks to his health from working in-person after the district required teachers to return to in-person classroom instruction after lifting the COVID lockdown, court papers say.

Strauss applied for a remote work accommodation under the Americans with Disabilities Act but was denied by the school district. He was granted childcare leave under the Families First and Coronavirus Response Act and after exhausting all that, he requested but was denied leave using accrued sick days, court papers say.

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From December 2020 through June 2021 Strauss was on unpaid leave due to the lack of available remote teaching opportunities, courts papers say.

In December 2020 he filed an appeal with the state Department of Education challenging the school board's decision that he was not personally disabled and entitled to sick leave with pay, arguing his medical condition placed him at high risk of contracting COVID and developing serious complications, illness and possibly death.

The DOE sent the case to the Office of Administrative Law and in September 2022 a judge ruled Strauss is not personally disabled and not entitled to sick leave and his case was denied. The DOE commissioner later adopted the judge's ruling.

In appealing the commissioner's ruling, Strauss argued that due to the health risks posed byhis medical condition, if he were to contract COVID he would be personally disabled and entitled to use sick leave, according to court papers.

At issue in the appeal was whether sick leave can be used when an employee is at risk of a more severe illness because of a pre-existing condition. Strauss argued his doctor's letters indicate the dangers he would face if he were to contract COVID, which he said establishes his eligibility to use sick time under the statute.

Strauss asserted requiring him to work in-person would place his health and safety at risk, but the ruling states someone must be personally disabled by illness or injury to use sick leave.

"The BOE's policy and the statute's language signify that employees are entitled to sick leave where they have developed a personal disability preventing them from performing their duties to their fullest abilities. Here, Strauss does not prove that he is currently personally disabled. While he attempts to support his claim for sick leave through a treating physician's certification, this evidence only demonstrates Strauss is at a higher risk than others because of his underlying illnesses," the ruling states.

Strauss is unable to demonstrate an inability to perform his teaching duties and was denied sick leave accordingly, the ruling states.

Email: srussell@gannettnj.com

Suzanne Russell is a breaking news reporter for MyCentralJersey.com covering crime, courts and other mayhem. To get unlimited access, please subscribe or activate your digital account today.

This article originally appeared on MyCentralJersey.com: Metuchen NJ teacher again denied sick leave for high-risk COVID