BELLEVILLE - A former police dispatcher is accusing her former employer of violating provisions of the federal medical leave act.
Tina M. Barnes, a former dispatcher with the City of O'Fallon Police Department, claims she was sacked from her job despite still being still on leave allowed by the Family and Medical Leave Act (FMLA).
She filed suit Dec. 5 in St. Clair County Circuit Court against the city, which did not immediately respond to a request for comment from the Record.
According to the complaint, Barnes, of Shiloh, developed issues with her blood pressure in July 2016. She was admitted to the Memorial Hospital East in Shiloh and remained for two days.
A cardiologist advised that she request from her employer a transfer to a different department within the city. This was denied, according to the complaint, which added that the cardiologist then told her to restrict the number of hours worked.
Following further health problems, Barnes was placed on administrative leave in October 2017, the suit claims.
Her complaint also states that she was not informed of her rights under the FMLA act, that there was no FMLA poster at her workplace, and she was not notified that the 12 week entitlement was coming to a close.
On Dec. 30, 2017, she was told by her co-workers that an email was sent out "indicating" that her employment was terminated, it is claimed. Barnes says she was then unable to access her work email or schedule.
She is claiming damages in excess of $50,000 for lost lost wages, benefits, and other compensation for being terminated after exercising her FMLA rights, which she alleges the city violated by failing to inform, terminating her employment during or at the end of her leave, and not giving her time to obtain a medical certificate.
Barnes is represented by Olson & Reeves of Mt. Vernon
St. Clair County Circuit Court case number 2019-L-864