BURLINGTON CITY, N.J. (AP) — A state appellate court has upheld a southern New Jersey school teacher’s legal victory in an ongoing dispute over using a sick day during last year's Philadelphia Eagles Super Bowl victory parade.

The panel on Wednesday upheld a state Public Employment Relations Commission decision that the teacher’s union can challenge a decision to deny Robert Gorry sick leave. The judges found the “football flu” grievance can be decided by an arbitrator.

Gorry has said he was battling the flu when he missed work on three days around the time the parade was held, including the parade date.

District workers had been told that anyone absent due to illness on the parade date had to provide a doctor's note, but Gorry said he had not gone to a doctor due to the nature of his illness.

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