Calling in sick

[Dash8Driver]

What is the name of your state? NC

This one is a little wierd, sorry if its in the wrong place.

I work for an airline as a pilot so I am covered under a union contract. In that contract is a provision for calling in sick that has been "added". My question is this.

Federal Aviation Regulations (FARs) prohibit a pilot from flying if at anytime he/she cannot meet the standard medical condition for the class medical that they hold. IE I have a first class medical that requires 20/20 vision, if I loose/break my glasses I can not fly. On those same lines if you are sick, sinus, cold, flu etc you are also prohibited from flying since if you were to take a medical exam while sick you would fail, hearing, blood pressure, feaver(s) etc.

So this sick call provision basically allows for 6 sick calls in a 12 mos period and number 7 you are fired. The reasoning for the implementation was because a few bad apples called in sick (numerous times) and then used travel benefits to go to places like Jamaica, Hawaii, etc. Most of us don't have a problem with the policy we just think the number is too low. Even though it is in a contract is it legal since it forces (I use that word litely) us to work in direct violation of the FARs?

You may be thinking "7 times in a year, whats the big deal?" You have to remeber the enviroment we work in, low oxygen, constant exposure to everyone elses germs (I am not a germaphobe), dehydrated, 14 hour days, short rest periods etc.

So the real root of my question is, can something be in conflict with the FARs in a work agreement (contract)?

Thanks
D8D

 

[pattytx]

If I'm reading this correctly, FARS says you cannot fly if you have a certain condition or incident. It does not say that your airline must allow you X amount of such call-in days before termination. The number of days is already in your union contract. If it was an inordinately low number, your union representatives should have addressed that in the negotiations.

It doesn't sound to me like the contract is in conflict with FARS. FARS does not require continued employment.

 

[Beth3]

I agree with Patty.

As long as none of the absences due to illness fall under the Family and Medical Leave Act (FMLA) and therefore medical leave time must be granted, nothing prohibited is taking place. Dash, so you're probably now wondering what types of illnesses fall under the FMLA. It's too lengthy to go into here but if you do a search for FMLA oon the web and then look at the criteria for a "serious medical condition," you'll have your answer.

 

[purple2]

Even though it is in a contract is it legal since it forces (I use that word litely) us to work in direct violation of the FARs?

How does the contract force you to violate the FARs?

It doesn't sound to me as if anyone is forcing or even asking you to work sick in violation of federal rules. Getting fired for being out sick too often is a separate issue altogether.

It sounds as if your employer and union have agreed that absences in excess of 6 per year is problematic and unacceptable to the company, regardless of the reason for the absence (excluding FMLA of course).

 

[Dash8Driver]

Thanks for the replies all. Our union reps, to put it as politely as possible, are idiots. This provision should have never been agreed to since no where in the previous contract was there an attendance policy. Those who had abused sick leave had been terminated and this was implemented to prevent further abuse.

You make a valid point about the FARs not granting X days of sick time for Airlines, the FARs only govern operationally aspects and "rules of the road" not human resource policy. BUT, an Airlines policy cannot be in direct violation for FARs unless there are letters of agreement between the FAA and the Airline. So this issue here is, can an airline implement attendance polices that advocate working while sick?

We as the pilot group feel it is unfair to put a hard number on how many times in a 12 month period you are "allowed" to get sick. I know its almost like comparing apples and oranges but in reality this system causes more safety issues and causes more sick calls because of the lack of flexibility.

From the info yall have posted however I feel there isn't much we can do "legal" wise. We are hesitant about calling the FAA on the issue since it could lead to serious service interruptions if it is in violation.

On a side note, FMLA requires 1250 hours or work and 12 months of service. As a pilot I am paid per flight hour and only allowed by the FARs to fly 1000 hours in a calender year. My 12 months of service will be Feb 2 but I will have only flown about 1100 hours in that 12 month period. My duty time however is closer to 2800 hours. Would duty time be controlling is it the acutally "paid" time?

Thanks again


D8D

 

[Dash8Driver]

How does the contract force you to violate the FARs?

It doesn't sound to me as if anyone is forcing or even asking you to work sick in violation of federal rules. Getting fired for being out sick too often is a separate issue altogether.

It sounds as if your employer and union have agreed that absences in excess of 6 per year is problematic and unacceptable to the company, regardless of the reason for the absence (excluding FMLA of course).

You have too look at this from a pilots stand point. Our jobs don't exist in great mass. Once you have a job, you literally have to hold on to it for dear life, no exaggeration. Every 12 months our jobs are on the line when we go to training and have to perform emergecy and non normal functions (that we dont do everyday and probably havent done since our last training session) flawlessly. You might think, well duh?! But for something like this attendance policy to further put our jobs at risk, it does FORCE us to violate FARs and fly sick to keep our jobs. 99% or all pilots fly because they love to fly, not for the money, and those are the guys/gals you want up front. Polices like these only force us to "cut corners" to make things works. We can't simply quit on principle and find a new job, since most airlines have adopted these polices and this is a recent change. Frankly we have no where to go but out of flying.

D8D

 

[Beth3]

Nobody here is stating whether they agree or disagree with your employer's attendance policy. Personally, I think it's a little too stringent but our personal opinions are irrelevant. All anyone is advising you is that your empoyer's policy appears to be legal.

 

[Dash8Driver]

Thanks Beth! Could you answer my FMLA question, I can't seem to find a concrete answer doing a web search on FMLA.

Thanks again

D8D

 

[Beth3]

The following is what constitutes a "serious health condition" under the FMLA:

Serious health condition means an illness, injury, impairment, or physical or mental condition that involves:

Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; or

A period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of ) a health care provider; or

Any period of incapacity due to pregnancy, or for prenatal care; or

Any period of incapacity (or treatment therefor) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or

A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective ( e.g., Alzheimer's, stroke, terminal disease, etc.); or

Any absences to receive multiple treatments (including any period of recovery that follows) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.).

For the definition of a serious health condition see Regulations 29 CFR Part 825.114.


You didn't look too hard, Dash.

 

[Dash8Driver]

Hehe! I found that part Beth

What I couldnt find was an answer to hours of service. I understand it to be, that to be eligible for FMLA you must have 12 mos of service AND 1250 (correct number?) hours of service. Well my 12 mos of service is Feb 2 but I will have only flown 1100 hours, but have about 2800 hours of duty time. To I have to fly 1250 hours or does the duty time count?

D8D

 

[Beth3]

All your hours worked for the employer counts, not just your flight time. The FMLA doesn't differentiate credible hours based on specialty occupation so you won't find anything specific to any particular occupations.