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IN THE MATTER OF BRIDGE AND TUNNEL OFFICERS BENEVOLENT ASSOCIATION v. TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY

57 A.D.3d 398 (2008)

869 N.Y.S.2d 484

In the Matter of BRIDGE AND TUNNEL OFFICERS BENEVOLENT ASSOCIATION, Respondent, v. TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

December 23, 2008.

In January 2005, petitioner exercised its prerogative under its policy governing leave pursuant to the Family Medical Leave Act of 1993 (FMLA) (29 USC § 2601 et seq.) to require employees to substitute paid annual leave for FMLA leave (see 29 USC § 2612 [d]). Before then, petitioner had given its employees the option of taking FMLA leave paid or unpaid. Respondent filed a grievance charging that the new requirement...

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