Chelmsford, Massachusetts firefighter learns to walk again after 40-foot fall. But who's paying for his leave?

A Chelmsford, Massachusetts firefighter is learning to walk again after a devastating 40-foot fall but there's a question about who's covering his paid leave.

Nick Spinale, 28, was nearly killed in the incident on April 7 at the Massachusetts Firefighting Academy in Stow. He was working as an instructor when, according to his family, he fell from the upper floor of a burn building during active training, landing on the concrete below. He suffered significant internal and external injuries.

"We assumed the worst, prayed for the best, and thanks to the care given to him, we couldn't be more happy at where he is right now," said his uncle, Joe Spinale, who's also a firefighter. "He surprises us every day. He's such a beast. He's such a hard worker, and he wants it. He wants to get back."  

Paid leave loophole

While Spinale focuses on his recovery at Spaulding Rehabilitation in Charlestown, his family and colleagues are working to address a loophole they say could leave him without full support during that process.

"Full time firefighters, when you get hurt in the line of duty or performing your duties as a firefighter, you get called what's 111F and you get your full pay and your time off," explained Richard MacKinnon Jr, president of the Professional Fire Fighters of Massachusetts union.

However, because Spinale was working as a part-time instructor for the state that day and not on duty with the Chelmsford Fire Department at the time of the fall, the town is not placing him on injury leave.

Instead, he has been using accrued paid sick time, while fellow firefighters have coordinated shift swaps to help ensure he continues receiving an income and his job is there when and if he's ready to go back to work.

"It's a unique situation but feel very strongly that he should be covered in some way," MacKinnon said. "And that's what we're doing now. We're working with the town we're working with the state on trying to take care of Nick right now and his immediate needs and keep his job available."

In a statement, a spokesperson for the Massachusetts Department of Fire Services said, "This accident was a tragedy, and DFS is doing everything we can to support Nick Spinale and his family during this difficult time, in partnership with PFFM and Chelmsford FD."

Not working for town at time of injury

"The Town is certainly mindful that the incident at the MFA has resulted in Mr. Spinale not being able to work in Chelmsford and the Town sympathies with his situation.  The Town, however, cannot designate his absence in Chelmsford as injured on duty as he was not performing work for Chelmsford as a Chelmsford Firefighter at the time he sustained his injuries," Chelmsford Town Manager Paul Cohen said in a statement.

"Town Officials have been in continual communication with the State Fire Marshal, Secretary of Public Safety and Security, and State Legislature to have the State provide coverage for Firefighter Nicholas Spinale's loss of earnings during his recovery."

Spinale's family wants a solution soon.

"We're hopeful that the state will do the right thing and Chelmsford will do the right thing, because Nick wants to be a firefighter more than anything at the end of this," his uncle said. "And his determination, I'm certain, I'm certain he will be."

The Spinale family said they're grateful for the overwhelming support from the community and Nick's fellow firefighters in this difficult time. 

"We haven't had a chance to tell everyone, thank you. The support has been what's driving him right now," Joe added.