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Updated May 2010
QUESTION:
What
eligibility criteria must I meet before qualifying for FMLA?
ANSWER:
QUESTION:
I am on
Reserve and I haven't flown 504 hours in the past 12 months. How will I ever
become eligible for FMLA?
ANSWER:
The amended
law was designed to address the unique way in which airline personnel's hours
of work are counted. For purposes of determining eligibility, the hours cited
in the new law are paid
hours. Therefore, if you are on Reserve, the number of hours you are paid is
what are determines your eligibility, not the amount of hours you fly. Under
our collective bargaining agreement, you are paid 75 hours a month (or as
adjusted due to things like drops, etc.). Although you may have flown only 35
hours in a given month, you are still paid for 75 hours. Therefore 75 hours, is
the figure you will use when calculating your paid hours for eligibility
purposes. Remember that paid hours for vacation, medical and sick leaves do not
count.
QUESTION:
I've been on
active military duty for the last year. Now that I've returned from leave, I
need to apply for FMLOA. Do I still qualify since I did not work at American
Eagle, for the 504 hours required under Federal Law?
ANSWER:
Yes, provided
you meet the remaining criteria and were an active employee for 12 months and
have been medically certified. Under USERRA (Uniformed Services Employment and
Reemployment Act), American Eagle should count the months and hours that you
would have worked had you not been called up for military service, towards your
FMLOA eligibility. These months and hours should be combined with any months
and hours actually worked at American Eagle, when determining if you meet the eligibility
requirement of 504 paid, worked in the 12 months preceding the start of the
Family Leave.
QUESTION:
For what
reasons may I take FMLOA?
ANSWER:
QUESTION:
What
constitutes a serious health condition?
ANSWER:
To qualify
for FMLOA medical leave, your absence must be due to a "serious health
condition." Under DOL regulations, a serious health condition is an illness,
injury, impairment, or physical or mental condition that involves one or more
of the following:
QUESTION:
Can I take
FMLOA leave for substance abuse?
ANSWER:
FMLA can only
be taken if you are under treatment by a health care provider. However, if you
are found to be under the influence of drugs or alcohol during a Department of
Transportation or Company mandated test, you are not eligible to take FMLA for
subsequent treatment of substance abuse or any other serious health condition
unless any of the following occur:
QUESTION:
How do I
apply for FMLOA?
ANSWER:
You can
obtain the most current forms and information on http://jetnet.aa.com. First click on the "Policies and Procedures" tab, then click
on the tab to the left hand side marked "LOA/FMLA
Leave Center". FMLA forms will be available under this section. It is
always a good idea to periodically check JetNet to ensure you have the most up
to date information.
QUESTION:
What do I do
with my completed forms?
ANSWER:
Do not give
them to your In-Flight manager. All documentation of any health conditions must
remain confidential. Send pertinent documents to AA Medical directly.
QUESTION:
Can American
Eagle refuse to grant me FMLOA leave?
ANSWER:
If you are an "eligible" employee who has met FMLA's notice and certification requirements
(and you have not exhausted your FMLOA leave entitlement for the year), you may
not be denied FMLA leave.
QUESTION:
American
Eagle has denied my request for FMLOA because they said I didn't fill out Line
13 properly. Is this legal?
ANSWER:
AFA
has received many complaints by Flight Attendants reporting that their FMLOA
has been denied because the Company was not satisfied with the way line 13 was
filled out. Line 13 of the Company's application for Family Leave requires your
Health Care Provider to list the probable duration of the condition and must
provide his/her estimate of the likely duration of the illness. By using the
word "probable" the Family Medical Leave Act does not require that a
health care provider state with certainty the exact duration of the illness.
Such a requirement is impossible for any doctor or health care professional to
satisfy. Nonetheless, this appears to be exactly what AMR is attempting to do.
If
you have been denied Family Leave as a result of difficulties with the infamous
"line 13" or if the company is playing the constant delay game with
you because they don't seem to be satisfied with the way your health care provider
filled out "line 13," please contact the U.S. Department of Labor - Wage & Hour Division and notify AFA immediately. It is unlawful for Company
to deny you Family Leave unless you do not meet the eligibility criteria.
Please note
that in addition to contacting AFA, if your issue deals with an application of
law, you should contact the Department of Labor-Wage & Hour Division office
that covers your respective domicile. (See Attachment A to view the contact
list for the Wage and Hour Offices covering the American Eagle Flight Attendant
domiciles)
It is
important to remember that even if the Company is playing the delay game with
your Family Leave application, your leave will have commenced retroactively to
the date you indicated on your originally submitted leave paperwork.
QUESTION:
Can
American Eagle require me to obtain a second opinion regarding my own medical
certification?
ANSWER:
If
American Eagle has a legitimate basis to doubt the accuracy of a certification,
it can require a Flight Attendant to be examined by a second health care
provider, at American Eagle's cost. If
the second opinion concurs with the first, the analysis ends. If the second opinion contradicts the first,
American Eagle may request the flight attendant to be examined by a third
health care provider, again at American Eagle's expense. The third health care
provider must be selected by mutual agreement of American Eagle and the Flight
Attendant. Neither the second or third health care providers rendering an
opinion can be employed by American Eagle or perform regular service for
American Eagle (such as a contract medical facility that are used at some
stations).
Question:
The
Company denied my request for FMLOA because they said my condition/illness does
not qualify. Can they do this?
Answer:
According to the Department of Labor, the company may not
categorically deny your request for FMLA because they think your condition does
not qualify. Under the law, it is assumed that your condition does qualify as
your physician has certified that it does when he/she completes the required
application. Therefore, the company's only course of action should they doubt
the accuracy of a medical certification is to require that an employee be
examined by a second health care provider at the company's expense. They
company may choose the second party health care provider, but that
provider is not supposed to be one on contract with AMR or have any regular
business dealings with the company.
If the second opinion conflicts with your health care
provider's, you may be required to attend an examination by a third health
care provider, again at the company's expense. This third provider must be
chosen jointly by the employee and the company.
If the third provider says that you are able to do your job,
or denies that your condition is serious, the company can deny the leave
or if absences have occurred, take disciplinary action.
The company may not deny a completed medical certification if it
does not utilize the second and third opinion procedure. If this occurs, a
complaint with the Department of Labor should immediately be filed. It is
critical that your application be filled out correctly by your health care
provider. The DOL informed AFA that often times when the actual application is
reviewed, the reason for denial is because the health care provider did not
indicate the condition as serious or chronic on the initial FMLOA application.
QUESTION:
Can
American Eagle require me to recertify my leave?
ANSWER:
You can be
asked to recertify a medical leave. Re-certifications are not subject to the
second and third opinion procedures discussed above. If you do not provide a
requested recertification, your FMLOA can be canceled. Ordinarily, a
recertification cannot be demanded more often than once every 30 days. A
recertification can be requested earlier however, if either of the following
occur:
·
American
Eagle receives information that casts doubt on your absence.
·
There
is a significant change in your condition such as surgery, the development of
complications, or a greater number of absences than predicted in the original
certification.
QUESTION:
What type of
notification do I need to provide to American Eagle to obtain an FMLOA?
ANSWER:
You
must provide American Eagle with sufficient facts so that the company can
either make a determination that you are entitled to FMLOA or sufficient
information such that American Eagle should inquire further to determine if
FMLOA is due.
A
Flight Attendant is not required to use the words "Family Medical Leave" or "FMLOA." She/he need only convey
sufficient information to put American Eagle on notice that FMLOA may be due.
1.
Example:
I am calling in sick. (This would not be
sufficient to qualify for FMLOA).
In the second example, American Eagle could "provisionally" grant FMLOA. The Flight Attendant must then subsequently
provide documentation that she/he suffers from the serious health condition.
QUESTION:
Is
there any advance notice required for FMLA leave?
ANSWER:
Yes,
there are three. Failure to provide the
required notice could result in the leave being denied (as FMLA leave) or
delayed.
1.
If
the need for the leave will be foreseeable (such as for a pre-planned medical
procedure; birth of a child, etc.), the employee must provide at least thirty
days notice of the date, duration and circumstances. These items (date, duration and
circumstances) can be changed by providing oral notification within two business
days of learning of their changes due to unforeseen developments.
2.
If
the need for the leave is not foreseeable (i.e. an emergency), the notice must
be given as soon as "practicable." This
normally means two business days, absent extenuating circumstances.
3.
If
the flight attendant has taken sick leave and subsequently learns, she/he has a "serious health "condition" covered by FMLA, the flight attendant must provide
notice to American Eagle within two days of learning that she/he suffers from a
serious health condition. The absence
will then be protected by FMLA.
QUESTION:
What
type of notification must American Eagle provide a Flight Attendant?
ANSWER:
If
a Flight Attendant has identified sufficient facts to put American Eagle on
notice either that the leave is FMLA qualifying or that American Eagle should
conduct further inquiry to determine whether the leave is FMLA qualifying,
American Eagle is required to either send out, or personally hand the Flight
Attendant a notice designating the leave as FMLA-qualifying. This notice must also list the Flight
Attendant's specific rights and responsibilities:
QUESTION:
Does
American Eagle have to notify me if I am ineligible to take FMLA?
ANSWER:
As
discussed previously, you are not eligible for FMLA leave if you have been
employed for less than 12 months or have worked less than 504 paid hours
(certain exclusions apply) within the previous 12 months. The Department of
Labor regulations requires employers to notify employees when they are
ineligible for FMLA leave. If you are ineligible at the time your request for
future FMLA leave, American Eagle must either:
Future Leave:
If American Eagle fails to advise you in either manner before the date your
requested leave is to begin, you are "deemed eligible" to take protected FMLA
leave, even though you may still lack 12 months employment or 504 paid hours of
service.
Unexpected Absence: If you lack 12 months of employment or 504 paid hours of
service when you inform American Eagle of an unexpected absence for FMLA
reasons, they must advise you within two business days that you are ineligible
for FMLA leave. Without such notice, your absence is protected by the FMLA.
QUESTION:
Will the
Company make my FMLA leave retroactive in the event, AA Medical fails to process
my FMLA papers in a timely manner?
ANSWER:
Management
has assured AFA the answer is, YES.
QUESTION:
How much time
off am I entitled to receive when taking FMLOA?
ANSWER:
QUESTION:
I am currently certified for intermittent FMLA
but my condition has worsened. May I take regular or block leave?
ANSWER:
Yes, you may
change your leave from intermittent to regular or block or vice versa. You will
need to qualify both administratively and medically. Both leaves will need to
be medically certified and separate paperwork must be completed for each leave.
In the scenario above, you would then be entitled up to a maximum of 84 days
leave to be combined with any days previously taken intermittently. You are
entitled to the maximum amount of available time off.
QUESTION:
Which family
members are covered under the phrase "serious health condition of a family
member?"
ANSWER:
Under either the federal law or the
American Eagle corporate policy, the family members that would enable a flight
attendant to take FMLA leave must be a parent, child or spouse of the Flight
Attendant.
A parent is your biological parent or
the person who serves or served the role of a parent. An employee can take a
leave to care for a sick aunt, uncle, grandparent, or other family member or
non-relative PROVIDED that person served as his/her parent and had raised the
employee. You may not take FMLA to care for your parent-in-law unless permitted
by law in the state in which you work.
A child is your natural, step,
adopted or foster child under the age of 18 for whom you have day to day
parenting responsibility. You may be eligible for FMLOA for a child over the
age of 18 if that child is "incapable of self care because of a mental or
physical disability."
Moreover, if the leave is requested
to care for a family member, the Flight Attendant must be the primary caregiver for that family member.
QUESTION:
What hours do not count towards that
eligibility?
ANSWER:
Hours paid but not actually worked, such
as vacation, sick and PVD will not count towards the necessary 504 hours needed
for eligibility of FMLA.
QUESTION:
Will I continue to accrue seniority
while out on FMLA leave?
ANSWER:
Yes, you continue to retain and
accrue all forms of seniority. (Company, Classification & Occupational)
Although the contract states you will only retain Classification seniority, an
agreement has been reached between the Company and AFA that ensures you will
continue to retain and accrue all seniority.
QUESTION:
Will I continue to accrue sick time
and vacation pay while I'm on FMLA leave?
ANSWER:
No. The contract requires you to work
in an active service status in order to accrue this time.
QUESTION:
If I am taking FMLA leave for myself
am I required to use all of my "available sick and vacation time" prior to
taking any of the time off as unpaid?
ANSWER:
No. American Eagle may not force you
to use accrued vacation or sick time while on a leave for yourself. However,
you have the right to choose to take the time off as "paid time" by using your
available sick or vacation time. Since our contract contains a provision that
affords a Flight Attendant the right to the use of unpaid sick time, it is not
required that you use all available paid sick time prior to taking the time off
as unpaid. You have the right to choose what is best for your needs.
QUESTION:
I am on an intermittent leave and
will need to use FMLA for my next trip. Do I have to tell Crew Scheduling the
nature of my illness?
ANSWER:
No. It is only necessary to notify
Crew Scheduling that you will not be able to work your next trip sequence and
you will be using your FMLOA entitlement. You do not have to give them or your
In-Flight Manager any details about the nature of your illness. Your absence
will be coded as a "UA" by Crew Scheduling. You will need to contact the
company's FMLA coordinator no later than two (2) days after returning to work
from that absence. You will also need to advise the FMLA coordinator how to
code the absence.
Codes
for FMLA:
VF - Vacation (current year)
SF - Paid Sick Time
IF - Unpaid
F6 - PVD (this can only be used once
your current years vacation has been depleted)
QUESTION:
I know that it is my responsibility
to contact American Eagle within 2 days after returning to work from my absence
but how do I accomplish this?
ANSWER:
You will need
to reference the company's website for the most current policy in this matter
at: www.jetnet.aa.com. You will most likely contact the
company's FMLA coordinator via an electronic form placed on that website.
QUESTION:
I am taking FMLA leave to care for a
family member. Am I required to use all of my "available vacation time" prior
to taking any of the time off as unpaid?
ANSWER:
While the law permits the Company to
force the use of available vacation time, AFA has prevailed in arbitration
challenging the company's practice in this area. You will no longer be required
to burn you unused vacation time when taking FMLA to care for a family member.
However you will have to option to substitute the time off with any unused
accrued vacation, if you so choose. The contract secures the right of Flight
Attendants to select their own vacation schedules.
QUESTION:
I am taking FMLA leave to care for a
family member. Can I choose to use my "available paid sick time" so that some
of the leave will be paid time off?
ANSWER:
No. Pursuant to company policy, sick
time is to be used only for you. However, the states of California and
Washington allow employees to use paid sick time
to care for an eligible family member.
QUESTION:
Does American Eagle have to pay
bonuses if I have been out on FMLA leave?
ANSWER:
The FMLA requires that employees be
restored to the same or an equivalent position. If an employee would be
eligible for the bonus before taking FMLA leave, the employee would be eligible
for the bonus upon returning to work. The FMLOA leave may not be counted
against the employee.
QUESTION:
Can American Eagle force me to
perform "light duty?"
ANSWER:
No. The DOL has concluded that employees
eligible for Family leave cannot be required to accept modified or light duty
job assignments. According to the DOL, if an employee qualifies under FMLA for
job-protected leave, the employee may not be forced, before the FMLA job
protected leave entitlement has expired, to return to work in a "light work" position, instead of continuing FMLA leave until the entitlement has been
exhausted.
QUESTION:
What is the minimum increment of
intermittent leave I can take?
ANSWER:
The minimum increment of intermittent
leave time a Flight Attendant may take is one round trip.
QUESTION:
I am currently certified for FMLA and
I have also incurred an injury on duty. I have been advised I will have to use
my 60/84 day FMLOA entitlement while out on IOD. Is this true?
ANSWER:
Yes. Flight Attendants out on a
compensible Injury on Duty will have their 60/84 day FMLOA allotment reduced by
one day for each day off work on the IOD status and/or until such time as the
individual is cleared back to work.
QUESTION:
Per the contract I am entitled to be
paid on a "trips missed basis" for sick leave and vacation time. If I am out on
FMLA and use the "paid time" provisions, but have no actual monthly schedule,
how will I be paid?
ANSWER:
A Flight Attendant who is off work on
FMLOA, either for themselves or to care for eligible family members, and who
has no scheduled trips will be afforded the opportunity to paper/shadow bid for
pay purposes. Please see your In-Flight Manager.
QUESTION:
Can I file a grievance over FMLA
violations?
ANSWER:
Filing a grievance is appropriate if
the violation deals with a contractual issue. If the issue deals with an
application of the law, you should contract the Department of Labor-Wage &
Hour Division office that covers your domicile. If you are in doubt as to
whether a legal issue is involved, this too can be directed to the Wage &
Hour office. Please see Attachment A of this document for a list of offices
that cover the American Eagle Flight Attendant domiciles.
QUESTION:
Can management fire me for
complaining about a violation of FMLA?
ANSWER:
No. Nor can your employer take any
other adverse employment action on this basis. It is unlawful for any employer
to discharge or otherwise discriminate against an employee for opposing a
practice made unlawful under FMLA.
State
Leave Laws
Ten states and the District of Columbia have enacted family and medical
leave laws. Some of these laws include features that are superior then the
federal FMLA. Where a provision in a state law provides greater leave rights
than the FMLA, the state provision takes precedence. What follows is a list of
some state provisions that are more favorable to workers than the FMLA.
California:
California allows employees to take new-child leaves on an intermittent
basis. Employers may not require second or third opinions regarding medical
conditions of family members. Employees may sue for emotional distress and
punitive damages. Family-care leave can be taken for a registered domestic
partner, or child. Employers must allow leaves of up to 4 months because of
pregnancy or childbirth disability. A state program funded by payroll
deductions pays up to 6 weeks of partial wages during new-child and family-care
leaves. Enforcement is by the Department of Fair Employment and Housing
(510-622-2973)
The state of California also provides for some school related leaves. The
Family School Partnership Act (FSPA) provides eligible employees with up to 40
hours of leave in a calendar year to participate in planned activities of their
child's school or licensed child day care facility.
The School Suspension Leave (SSL) entitles an employee to time off work
when he or she is required to attend a portion of a school day in a classroom
from which the employee's child has been suspended. A teacher may require the
parent, guardian, or custodial grandparent of a child to attend a portion of a
school day in a case where the child has been suspended fro one or both of the
following reasons:
1.
Committing an obscene act or engaging
in habitual profanity or vulgarity.
2.
Disrupting school activities or
otherwise willfully defying the valid authority of supervisors, teachers,
administrators, school officials, or other school personnel engaged in the
performance of their duties.
When a teacher suspend a child for one of the two above reasons, the
school's principal is required to send written notice to the parent or guardian
stating that attendance by the parent, guardian, or custodial grandparent is
required by law. The written notice will specify when to attend a portion of
the child's school day.
Flight Attendants domiciled in the state of California may obtain the
necessary information and forms for these leaves from their In-flight Manager.
Illinois:
The state of Illinois allows parents up to eight (8) hours off during any
school year, and no more than four (4) hours of which may be taken on any given
day, to attend school conferences or classroom activities related to the
employees child if the conference of or classroom activities cannot be
scheduled during non-work hours. The time can only be taken if the employee has
exhausted all accrued leave time, except sick leave or disability. The leave
permitted in not paid time.
Illinois also allow employees to take up to thirty (30) days leave to
visit spouses and children on active military duty.
Massachusetts:
The state of Massachusetts allows employees a total of twenty-four (24)
hours of leave during any 12-month period, in addition to leave under the
federal act to:
1.
participate in school activities
directly related to the educational advancement of a child, such as
parent-teacher conferences or interviewing for a new school.
2.
accompany the child to routine
medical or dental appointments, such as check-ups or vaccinations.
3.
accompany an elderly relative to
routine medical or dental appointments or appointments for other professional
services related to the elder's care, such as interviewing at nursing or group
homes.
Attachment
A-DOL Wage & Hour Division Information
U.S.
Department of Labor
ESA Wage & Hour Division
John F. Kennedy Federal Building
Room 525
Boston, Massachusetts 02203
Telephone: (617) 624-6700
FAX: (617) 624-6701
Chicago District Office
U.S.
Department of Labor
ESQ Wage & Hour Division
120 S. Dearborn Street, Room 412
Chicago, Illinois 60604-1761
Telephone: (312) 596-7230
FAX: (312) 596-7251
Dallas District Office
U.S.
Department of Labor
ESQ Wage & Hour Division
The Offices @ Brookhollow
1701 E. Lamar Boulevard, Suite 270, Box 22
Arlington, Texas 76006-7303
Telephone: (817) 861-2150
FAX: (817) 861-5085
Los Angeles District Office
U.S.
Department of Labor
ESA Wage & Hour Division
300 S. Glendale Avenue, Suite 400
Glendale, California 91205-1791
Phone: (818) 240-5274
(213) 894-6375
FAX: (213)
894-6845
Miami
District Office
U.S.
Department of Labor
ESA Wage & Hour Division
Sunset Center
10300 Sunset Drive, Room 255
Miami, Florida 33173-3038
Telephones: (305) 598-6607
(305)
596-9874
FAX: (305) 279-8393
New York City
District Office
U.S.
Department of Labor
ESA Wage & Hour Division
26 Federal Plaza, Room 3700
New York, NY 10278
Telephone: (212) 264-8185
FAX: (212) 264-9548
San Juan-Caribbean District Office
U.S. Department of Labor
ESA Wage & Hour Division
7 Tabonuco Street
San Patricio Office Center, 4th Floor
Guaynabo, Puerto Rico 00968
Telephone: (787) 775-1924
FAX: (787) 775-1906