DUBUQUE POLICEMEN v. CITY OF DUBUQUE

No. 95-1144.

553 N.W.2d 603 (1996)

DUBUQUE POLICEMEN'S PROTECTIVE ASSOCIATION and Thomas J. Fessler, Appellants, v. CITY OF DUBUQUE, Iowa, Appellee.

Supreme Court of Iowa.

September 18, 1996.


Attorney(s) appearing for the Case

Stephen J. Juergens and Norman J. Wangberg of Fuerste, Carew, Coyle, Juergens & Sudmeier, P.C., Dubuque, for appellants.

Barry A. Lindahl, Dubuque, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, TERNUS, and SCHULTZ, JJ.


HARRIS, Justice.

A police officer and his association brought this declaratory judgment action claiming the officer should have been allowed sick leave for a day when he undertook—and recovered from—a stress test. It is clear that work-related absences resulting from job-related physical incapacitation qualify for sick leave. It is also clear that work absences to undergo a physical examination, even for job-related conditions, do not qualify. We understand...

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