The Commonwealth Court of Pennsylvania has reinstated an arbitration award that supports the Freeport Education Association, PSEA/NEA, against the Freeport Area School District. This ruling, issued on July 16, 2026, reverses a previous decision made by the Court of Common Pleas of Butler County that had vacated the award. The case centers around the rights of teachers regarding leave under the Family and Medical Leave Act (FMLA) and the collective bargaining agreement (CBA) between the union and the school district.

This decision affects teachers within the Freeport Area School District, ensuring that they have the option to choose whether to utilize FMLA leave without being forced by the district. The ruling is significant as it reaffirms the autonomy of employees in deciding how to manage their leave time, especially in cases of long-term illness or disability.

Background

The Freeport Education Association, PSEA/NEA, represents professional employees of the Freeport Area School District. The dispute arose when a teacher, referred to as the Grievant, was recovering from surgery starting in December 2023. Although she had enough paid leave to cover her absence, the school district unilaterally applied her time off against her FMLA leave. This action prompted the union to file a grievance, arguing that the school district violated the CBA by denying the teacher the right to choose whether to use FMLA leave.

The CBA, effective from July 1, 2021, to June 30, 2026, includes provisions for long-term illness and disability leave. Article XIII.B.1 specifically states that employees unable to teach due to personal illness or disability are entitled to a leave of absence without pay for up to one year, provided they have exhausted their sick leave. The union contended that the CBA allowed the teacher to decide whether to take FMLA leave, and the school district's actions were not in compliance with this agreement.

The arbitrator ruled in favor of the union, stating that the CBA granted the teacher the right to choose whether to elect FMLA leave. The arbitrator's decision was based on the interpretation of the CBA and the school district's own FMLA policy, which indicated that FMLA leave begins only upon an employee's request.

The Ruling

The Commonwealth Court, led by Judge Christine Fizzano Cannon, reviewed the case and found that the Court of Common Pleas had erred in vacating the arbitration award. The court emphasized that the essence test should be applied when reviewing an arbitrator's interpretation of a CBA. This test allows for a deferential standard, meaning that an arbitrator's decision should be upheld if it is rationally derived from the agreement.

The court ruled, "The arbitrator did not exceed his authority in his construction of the FMLA, and accordingly, judicial review of the arbitrator’s award is limited to the application of the essence test."

The court concluded that the arbitrator's determination that the school district violated the CBA by denying the employee the ability to choose whether or not to use FMLA leave time was consistent with the CBA's provisions. Therefore, the court reversed the previous order from Common Pleas and reinstated the arbitration award.

Impact

This ruling has important implications for teachers and school districts in Pennsylvania. It reaffirms the rights of employees to make decisions regarding their leave without being compelled by their employers. The decision also clarifies the relationship between collective bargaining agreements and statutory leave provisions like the FMLA.

By reinstating the arbitration award, the court reinforces the principle that collective bargaining agreements cannot diminish the rights established by the FMLA. This ruling may set a precedent for similar cases in the future, ensuring that employees have the autonomy to choose their leave options based on their circumstances.

What's Next

While the Freeport Area School District may seek further legal options, including a potential appeal, the Commonwealth Court's ruling stands for now. There are no related cases pending that would directly affect this decision.