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Company asking why you were sick -- Legal ramifications

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seahorse

Well-known member
Joined
Oct 18, 2005
Posts
112
Does anyone know what the law is on the company asking your condition of illness?

I thought that it was illegal (by Federal Law). Unfortunately the scabs who did the shi.tty contract we have, put a clause in there signing that right away, and saying that the pilots have to disclose their condition of illness, if the Chief Pilot asks.

To go one step further, even a pilot contract can't sign away a right protected by labor law, right?
 
I think this Get's handled differently depending on the airline and the employee. My brother in law works for AWA. Over the past years they have had by his opinion, fairly rampant sick leave abuse. He has stated that a sick call is never questioned.

At SWA I had an injury that required a few sick call in a row (3). I received a call from a chief inquiring if everything was alright. He tried to play the "we just want to know if there is anything we can do to help" routine. By the way whats wrong? was the question. "Back injury". "Get better soon:. OK, thanks.

By F.A.R. it is my interpretation that it is your responsibility to determine fitness for duty. Therefore I believe that if an inquiry is made as to your particular illness, a fair answer could be, it's of a personal nature that I am not comfortable discussing with you.
 
Alaska is coming up with a new policy as sick usage has skyrocketed. I consider it "Flex" time. As they've cost each of us 80k in the last two years, the only explanation I'm giving is go F*uck yourself.
 
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ferlo, where can i get one of them tshirts?
 
You are not screwing the company one bit...you are only screwing the guy/gal on reserve. I am an open-time junkie so sick out all you want...expecially on my friday!...there are many that don't appreciate it like I do.

While you sit on the crashpad couch drinking Keystone beer and lamenting your many woes...I will be counting my millions cuz I am one greedy MOFO! and your zeal to "stick it to the man" puts money in my pocket.

Thanks!
 
":While you sit on the crashpad couch drinking Keystone beer and lamenting your many woes...I will be counting my millions cuz I am one greedy MOFO! and your zeal to "stick it to the man" puts money in my pocket.

Thanks"

Counting your millions of micropennies of nano cash? I can't help but notice you referenced Keystone. Millionaires (of dollars) generally don't drink Keystone.
 
Gofish said:
You are not screwing the company one bit...you are only screwing the guy/gal on reserve. I am an open-time junkie so sick out all you want...expecially on my friday!...there are many that don't appreciate it like I do.

While you sit on the crashpad couch drinking Keystone beer and lamenting your many woes...I will be counting my millions cuz I am one greedy MOFO! and your zeal to "stick it to the man" puts money in my pocket.

Thanks!

I'm not trying by any means to screw the company. I know my sick call dosent matter. I said screw them cuz I couldnt care less about the company. I'm there for me and thats it. to hell with their profits or losses, with me it falls on def ears.
 
I know...I know...I was just joking...its my warped sense of humor and its been a long day.

Cheers (keystone cans clinking)
 
PunchTheClown said:
I'm not trying by any means to screw the company. I know my sick call dosent matter. I said screw them cuz I couldnt care less about the company. I'm there for me and thats it. to hell with their profits or losses, with me it falls on def ears.

If only everybody had such insight... We don't manage airlines, we move jets. It's only about the benjamins you're a fool to think otherwise.
 
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http://www.eeoc.gov/foia/letters/2004/ada_inquiries_examinations_2.html

this speaks to what you are asking in a convulated lawyer way.

Basically, they can ask you for documentation sufficient to substantiate a sick call. I am very surprised that a union would allow this to be placed in there contract...however, whatever rights you have (federal law is vague, however your states laws is probably tougher.)

Additionally, I would talk to a manager in HR as the enforcement of this could expose the company to some liability under HIPAA/ADA etc.

Making you get a doctors note could be interpreted as requiring a medical examination that ADA would prohibit unless some circumstances exhist to give the employer reasonable cause...yadayadayada

Another snag could be HIPAA (medical records privacy)For example, if the employer has medical records about you they are required to keep these in a seperate file with limited access seperate from your personelle/training records. In other words it can't be the same file that the training department is going to look at...or the payroll clerk...etc.

This kind of stuff is usually complicated/convoluted enough to make most HR types settle for a doctors note saying you were sick and be done with it.

You are correct that whatever rights you are given under laws cannot be taken away with a contract. It's the hirearchy of laws...constitution, statues, ..., ..., then somewhere at the bottom is contracts. A lower form of law (a contract is one) cannot alter a higher form of law. For example...because the supreme court has ruled that "flag burning" is protected under the 1st amendmant of the constitution...the only way this can be changed is by an amendment to the constitution. Congress can pass all the statutes it wants but they will all be voided by the supreme court until the constitution is changed.

I think your department of labor will be able to help you with your situation.

good luck.
 
accinelli said:
Unless you were trying to abuse sick time I don't see why you should be so worried.


I agree. My company can ask me whats wrong anytime. I don't abuse sick leave and I would have no problem telling them whats wrong if I called in sick.
 
michael707767 said:
I agree. My company can ask me whats wrong anytime. I don't abuse sick leave and I would have no problem telling them whats wrong if I called in sick.

It is a benefit you've earned, just like your vacation time and your paycheck itself. If they asked you specifically how you intend to spend your paycheck or what you intend to do on vacation, would you have no problem with it?

The point is not sick leave abuse (which is a BS notion anyway), it is about what personal information it is appropriate and necessary for your employer to require you to provide.

As long as I'm not at work, my medical condition is between me and my doctor.

I really don't understand the shuddering Nancies who think they owe any explanation to the mighty ACP's. Put fear aside and be a man. Tell 'em to mind their own farking business. Unless you're non-union, or are bucking for instructor/check airman, then you might want to suck it up and go for the attendance award. ;)
 
You need to contact your union. The company might be obligated to pay for the doctor and you time for the visit. It is a lot more complicated than you just going to your doctor.
 
michael707767 said:
I agree. My company can ask me whats wrong anytime. I don't abuse sick leave and I would have no problem telling them whats wrong if I called in sick.


I would mind because it's none of their g*d d@mned business. Just because some pilots don't mind rolling over to answer their corporate overlords' every beck and call does not make it right to require the subservience of other pilots who still believe in very basic privacy rights (not to mention self-worth and dignity). Jes@s Chr!st guys, this is a profession, not high-school.

You guys are freely giving away your hard-earned rights.
 
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How does it feel to be part of the 1% of pilots who belong to the boyscout club of aviation? There is no such thing as sick leave abuse and it is none of their business when you are sick. If you are on reserve and have to fly a little bit more because someone is using "sick time" and you don't like it, quit. If the company was appropriately staffed for sick and vacation, then it wouldn't matter. Draw a line in the sand and let the few losers who wear their "I never call in sick badge" on their chest be seen.
 
In this business there are many legitimate reasons to call in sick that may not include your own physical health. That being said, if one calls in sick just to have more time off than their seniority/schedule allows, that is abuse. Sick leave, in my opinion, is not earned time off, but rather insurance to guarantee your pay when you are unable to work. If you are sick of mind or body, do not come to work.
 
Unable, or unwilling due to "reasons that may not include our own physical health". How can you abuse something that is allowed. Are judging your fellow pilots on when they use their sick time? Should we title it something else like personal time so you would feel better about it. I'm sure you have never taken a day for yourself for whatever reason (not just the one's you have so deemed inappropriate), if you ever have, then you are a hypocrite. The senior pilots have "pay insurance" also, so we are all even. This is just another way that pilots sit around and judge one another, stay unified, yeah right.
 
accinelli said:
Unless you were trying to abuse sick time I don't see why you should be so worried.

And, unless you are downloading child porn, I don't see why you should be worried about the Fed's walking into your house without cause and searching your computers. Unless you are laundering funds, I don't see why you should mind anyone from coming in and searching your files. Unless you are hiding some medical condition, I don't see why you should worry about others perusing your medical records. It is called "rule of law" and/or principle.
 
SneakyJake said:
How does it feel to be part of the 1% of pilots who belong to the boyscout club of aviation? There is no such thing as sick leave abuse and it is none of their business when you are sick. If you are on reserve and have to fly a little bit more because someone is using "sick time" and you don't like it, quit. If the company was appropriately staffed for sick and vacation, then it wouldn't matter. Draw a line in the sand and let the few losers who wear their "I never call in sick badge" on their chest be seen.

Heyas,

Man, I couldn't agree more. Every "I've never called in sick a day" guy/gal I've ever flown with as been a huge pr!ck to spend 3-4 days on the road with.

The one thing these jackholes do is catch something from their runny nosed kids and then bring it to work and spread it around. If it's the least bit contagous, you WILL get it after being confined for 26 hours in a 27 cubic yard box with this tool.

If I hear anything that sounds like a symptom (repeated coughs or sneezes) I ask "are you sick, or is it an allergy?". If they don't say it's an allergy, I give them the option to call in sick, or I remove myself from the trip.

I don't tolerate this sh!t anymore, and I sure as hell don't expose myself to getting sick because some anal stain decides he's a company man. Not for the pittance that makes up my paycheck.

I agree with the others....FCUK 'em.

Nu
 
Scheduling: Why are you calling in sick?
Pilot: I have a green pusy discharge coming from my anus, what do you think is the problem?
Scheduling: Hope you feel better, good bye.
 
seahorse said:
Does anyone know what the law is on the company asking your condition of illness?

I thought that it was illegal (by Federal Law). Unfortunately the scabs who did the shi.tty contract we have, put a clause in there signing that right away, and saying that the pilots have to disclose their condition of illness, if the Chief Pilot asks.

To go one step further, even a pilot contract can't sign away a right protected by labor law, right?

You know, SeaScab, I really have to laugh here . . .

AirTran, the company you know nothing about, but bash as being somehow less worthy than whatever dump would employ your ignorant, braying jackass self, has a contract that specifically states that the Pilot need only inform the Company that he is "unable to report for work" . . . period. Further, you won't hear squat until you have called out over 15 days in the year, and even then, you don't have to say squat.


.

I guess
 
Good response

skypine69 said:
Scheduling: Why are you calling in sick?

Pilot: "Let's not get into that. You're a clerk, not a doctor!" (click)

---attributed to a legendary MSY-based DAL Captain
 
tomgoodman said:
Pilot: "Let's not get into that. You're a clerk, not a doctor!" (click)

---attributed to a legendary MSY-based DAL Captain


I had some crappy seniority when I was a mechanic at Delta and therefore got the crappy schedule - wednesday and thursday off. So, we're heading out on the boat on friday morning and I got a dose of "fecal glaucoma" and called in sick.....


Me "I won't be in today, I'm sick"

Lead "What's wrong with you?"

Me "Sick"

Lead "What's wrong with you?"

Me "Don't know. I'm a mechanic, not a doctor"

Lead "We're going to need a doctor's note"

Me "OK"


Called doctor.

Called lead back.

Me "Doctor can't see me 'til Tuesday, see you next week" Click.
 
Painful 4 hour erection...

Anyway most companies outside of this industry don't call it sick time but personal time that can be used anyway you want.
just something to consider
 

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