State denies Metuchen teacher sick leave request for possible complications from catching COVID

METUCHEN - A Campbell Elementary School teacher's request to use sick leave to remain absent from school due to medical conditions which he claimed would put him at high risk of developing serious complications from COVID-19 has been denied by the state education commissioner.

Acting Education Commissioner Angelica Allen-McMillan on Dec. 14 also dismissed the petition of appeal bought by second-grade teacher Robert Strauss.

The commissioner's ruling upholds an earlier Administrative Law judge's decision that Strauss' medical documentation did not establish he has a personal disability and therefore is entitled to use sick leave.

Strauss had been diagnosed with several autoimmune conditions which put him at risk of contracting the COVID-19 virus and developing serious complications, according to the decision.

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He submitted a doctor's note to the Metuchen Board of Education to request using accumulated sick leave to be absent from school from December 2020 to June 2021 during the pandemic but the school board denied his request and placed him on an unpaid leave of absence, the decision states.

On Dec. 8, 2020 Strauss filed an appeal challenging the school board's decision denying his request to use sick leave with pay because of his medical condition. The state Department of Education sent the contested case to the Office of Administrative Law.

In September 2022 an administrative law judge ruled Strauss is not personally disabled and not entitled to sick leave and his case was denied.

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The commissioner adopted the judge's decision and dismissed Strauss' appeal.

Strauss had the medical condition while appearing for work before the pandemic and there is no indication his condition changed in nature or severity, the only change is the risk from contracting COVID, the ruling states.

In addition, the medical certifications presented did not suggest Strauss' condition prevents him from performing his job. The certification recommended he not teach in person due to the risk presented by COVID, but that risk was insufficient to entitle him to use sick leave, according to the decision.

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: State denies Metuchen teacher sick leave request for COVID concerns