Eighteen city bus drivers of Oahu Transit Services contend they were denied benefits under the Family Medical Leave Act of 1993. 18 bus drivers claim
they were penalized
for legitimate leaveBy Debra Barayuga
dbarayuga@starbulletin.comThe lawsuit, filed yesterday in U.S. District Court against OTS, which operates TheBus, contends the employer failed or refused to inform them of their rights under the law and failed to properly train managers to handle requests for leave.
Each plaintiff alleged that they experienced a serious health condition or situation covered under the Family Medical Leave Act and notified their employer but were penalized for excessive sick leave.
Under the law, the employer had an affirmative duty to inform the employees of their rights and determine whether they qualified for leave, the suit said.
The employees claim that OTS's violation of the law resulted in damages not limited to lost wages and benefits and wrongful disciplinary action including suspension and termination.
Thomas Apo, who has worked for OTS for 22 years, said he was told he would be suspended for 30 days for taking excessive sick leave.
He suffers from gout, which makes it impossible for him to drive when it flares up, he said. He had his doctor sign a medical certificate which he turned over to his employer, and successfully challenged the suspension until it was reduced to 10 days, then finally zero days, he said.
Other drivers were not so lucky, said Apo. There are at least two cases, he says, that resulted in termination.
Each of the plaintiffs was eligible to participate in the Family Medical Leave Act as they had worked for OTS for at least 12 months before requesting leave and worked 1,250 hours within the 12 months, according to the suit.
Besides Apo, other employees filing suit are David Aki, Daryl Albu, Jeffrey Bates, Ruben Collado, David Croft, Brenda Fisher, Wilbert Kaimikaua Jr., Layton Kauohikaua, Kinsley Koyanagi, Alapati Manutai, Talalupelele Makekau, Charles Mulleitner, Craige Naipo, Alan Nohara, Roxanne Sisemore, Blake Tomimatsu and Russell Tyler.
Officials of OTS could not be reached for comment.