Alaska FMLA

[skypine69]

Do Alaska Pilots qualify for FMLA? I have heard that they do not. Can anyone confirm or deny?
Thanks!

 

[Rhino]

it depends

I think you do if you live in California, then the state law supercedes the Alaska Company Manual. From my understanding, if you live in Washington then you are not a "full time employee" so you don't qualify...

Good luck,

 

[skypine69]

yeah...i heard that you have to wok 1200 hours in a year to qualify and AS considers flight time as time worked toward FMLA, soooo they cant work enough to qualify....
messed up I say...I thought they were all about their employees

 

[80drvr]

FMLA is law. Anyone unjustly denied should be talking with ALPA legal.

 

[JakeSnake]

80drvr is correct. FMLA is a federal law that entitles workers 12 weeks maximum of unpaid leave to take care of health problems for yourself or for immediate family. Workers are also eligible for FMLA to care for a newborn/adoption. You must have worked for the employer for 12 months and work 1250 hours, among some other requirements. If you have been a pilot for Alaska for 12 months, it is highly likely that you have been at work more than 1250 hours. It does not matter whether or not your employer calls you "full time". If you satisfy the federal requirements, you are entitled to the benefits.

FMLA cannot be denied if you qualify. If you live in California, you would probably be entitled to receive up to 55% of your pay for some of your time spent on leave. It is paid out of SDI which is employee funded---no money is paid by employers.

There is a lot of info out there on FMLA. Read up on it, it is a great tool to use to care for family without having to sacrifice your job.........

 

[skypine69]

Well I think that is the rub...the 1200 hours. Not many pilots fly 1200 hours in a year. I suppose you could make it work from may to may or something, but you would be working your tail off. I think they are making the distinction of flying 1200 hours vs being at work 1200 hours.

 

[cessnapilot]

It is law.... there is an hour requirement, but it is the interp of the law that counts. It wasn't meant to exclude a full time working group, like pilots. Talk to a lawyer... or call the labor board for help... they will do it for free.

 

[luckytohaveajob]

the 1200 hours has nothing to do with time spent in the cockpit.

i have been on a fully paid leave at my company for 30 days. the cp set it all up for me and it worked great.

 

[ferlo]

Alaska has done what they always do, they've found a loophole, one that was never intended to harm any airline pilots, and they're using it to save money. Whenever they have the choice to do the right thing, or screw over the pilots, guess which one they choose.

Alaska Airlines considers it's pilots to be part time employees when it comes to FMLA and profit sharing. It's a fact and there is nothing illegal about it. Legal but completely immoral.

These people are evil mother f'ers...completely void of any form of integrity.

Karma is catching up with them

 

[skypine69]

Well I am glad i have 2 choices. I feel for you guys that are dealing with petty crap like that. I hope it gets fixed in this contract.

 

[Going2Baja]

PM me for specific info. I wouldn't suggest asking for FMLA during probation. Once off you can take whatever is owed to you legaly.

Baja.

 

[scoreboard]

Guys, yes, EVERY HOUR you are away from home is legally countable for FMLA, YOU ARE AT WORK, even though you are pid at an hourly rate for xyz, so, go away on a 3 day and gone 85 hrs in a week, all counts to FMLA, NO MATTER WHAT THE COMPANY TRIES TO SAY.

 

[JakeSnake]

skypine---- FMLA does not characterize flight time as the only time that counts toward the 1250 hour requirement. In fact, a recent court decision affirmed that ALL time a pilot spends at work----actual duty, layover, and training counts toward meeting the requirement. However, the court did disallow time spent on reserve but unused to count toward the requirement.

 

[taysha]

Sue them in federal court.

 

[PCL_128]

Get in touch with your ALPA Contract Administrator (attorney). He should be able to help you out if the company denies you FMLA leave. There is no "loophole" on this law. The company is required to provide you with this unpaid leave.

 

[skypine69]

I dont work there yet. Just doing research as I have 2 job offers. Dont think I want to walk into an enviornment such as that. There is a lot of things that I am dismayed about so I think my mind is made up. On another note, besides myself i know 2 or 3 others that have multiple job offers from major carriers. Glad to see the tide changing a bit.

 

[taysha]

Flight Hours are used for pay. Per Diem hours are used for number of hours worked. If FMLA is denied to a pilot they should:

1. File a claim w/the EEOC within 30 days. They will investigate. If they find the company has done this on a large scale basis they will bump up your status to a class action suit. They can file suit themselves against the company. More likely (regardless of their finding) they will issue a right to sue letter. You can request this letter at any time.

2. Once a right to sue letter is issued by the EEOC, you have either 60 or 90 days to file suit in federal court.

Once your time expires, you lose the ability to sue. If you intend on suing, find a lawyer who will take a case on a contigency basis (alot of no's means you have a weak case)

 

[Alaska Flyer]

Bottom Line

1. Bottom line is that Alaska is denying all pilots, including those living in California, any benefit/leave of absence/anything else you can think of regarding FMLA.

2. Try suing them while on probation and you're fired.

3. You can list all kinds of reasons you can get FMLA benefits from them, after you're done refer to #1 above.

 

[PCL_128]

Has your MEC done anything about the issue?

 

[JakeSnake]

1. Bottom line is that Alaska is denying all pilots, including those living in California, any benefit/leave of absence/anything else you can think of regarding FMLA.

2. Try suing them while on probation and you're fired.

3. You can list all kinds of reasons you can get FMLA benefits from them, after you're done refer to #1 above.

One of the absolute requirements for FMLA is employment for 12 months---making most probationary pilots ineligible for FMLA in the first place, so maybe this thread is irrelevant as the poster of the initial question would be an Alaska new-hire?

Notwithstanding, the bigger issue is whether or not Alaska is denying FMLA to an entire class of employees, and if so, why hasn't any employee or work group challenged Alaska's position?

Just because the corporation has taken a position does not make the corporation correct--corporations are not infallible. Perhaps they are trying to bully their employees against using a tool given to them?............

 

[taysha]

Jakesnake is correct. To be eligible for FMLA, you must have worked the previous 12 months and xx amount of hours. Thus, probationary pilots are not eligible for FMLA.

ALPA enforces contracts negotiated between pilots and their company (they are the official bargaining reps under the Railway Labor Act). They have no ability to enforce the federal law.

 

[ferlo]

Flight Hours are used for pay. Per Diem hours are used for number of hours worked. If FMLA is denied to a pilot they should:

1. File a claim w/the EEOC within 30 days. They will investigate. If they find the company has done this on a large scale basis they will bump up your status to a class action suit. They can file suit themselves against the company. More likely (regardless of their finding) they will issue a right to sue letter. You can request this letter at any time.

2. Once a right to sue letter is issued by the EEOC, you have either 60 or 90 days to file suit in federal court.

Once your time expires, you lose the ability to sue. If you intend on suing, find a lawyer who will take a case on a contigency basis (alot of no's means you have a weak case)

Alaska Airlines and the Arrogant criminals that run this joint don't give a flying F--- about any of this. FMLA does not exist for Alaska Airlines pilots.

 

[taysha]

They may once the goverment is on their back and are being sued by the EEOC and employees. People dont respond unless they have to or forced to.

Of course, to file a claim you would have had to been denied FMLA leave for a legit reason (birth, adoption, medical etc..)

 

[PCL_128]

ALPA enforces contracts negotiated between pilots and their company (they are the official bargaining reps under the Railway Labor Act). They have no ability to enforce the federal law.

Most ALPA contracts have a brief clause that says something to the effect of "the pilots of xyz airlines will be afforded all rights under the federal and state FMLA laws." That gives the union the ability to grieve it if the company doesn't follow the law. Not sure if the Alaska CBA has this provision, but I suspect it does.

 

[mittro]

Went through this BS on a Workmans Comp. Injury back in 2001. Payroll based my $$ as a "seasonal or part time worker" for the 60% payout. Went to Washington State L & I and they saw to it that I was paid correctly with ALPA's help.

If you need leave for say the birth of a child I went through Crew Admin. and bid a reserve line and dropped basically the whole month with sick leave at 2.50 per day. I never did ask for the FMLA because of all of this.

 

[Alaska Flyer]

They may once the goverment is on their back and are being sued by the EEOC and employees. People dont respond unless they have to or forced to.

Of course, to file a claim you would have had to been denied FMLA leave for a legit reason (birth, adoption, medical etc..)

Ferlo is right - it ain't gonna happen.

Plenty have tried for legit reasons - argue all you want about why it's not right but FMLA does not exist for Alaska pilots.

 

[taysha]

What is the job description for Alaska pilots (when hiring)? FT??