Fmla

[Lear70]

they can deny your request for other reasons - i.e. it has to be a serious health condition - not the flu

Silly me... I thought if you were applying for FMLA that you'd actually make sure you QUALIFY before you applied.

You can also take FMLA to care for the serious health condition of a spouse, child, or other, immediate family member, and you can also take it for your spouse's delivery of a child (assuming you're a guy), but not as long as the standard 90 day FMLA period for most serious health conditions.

Bottom line is, if you qualify like any OTHER employee would, you can take it, they can't deny you based on "hours of service" anymore, like many airlines have tried to do in the past.

 

[8v8ter]

What Mookie is refering to is that FMLA used to state that an employee is only qualified for it if they work full-time and defined full-time as more than 1000 hours (+/-) per year. Alaska airlines denied pilots and I think FAs requests because they used flight time as work time and no pilot can work more than 1000 and therefore were denied it. Hence the need for the recent legislation which should now make it possible for us all to get it. Alaska really surprised me with that take because I was at Trans States when I had my kids and both times they never even questioned it, and they are no lovers of employee rights.

 

[Fubijaakr]

All of them. It is a federal law

Wrong. Here's why:

What Mookie is refering to is that FMLA used to state that an employee is only qualified for it if they work full-time and defined full-time as more than 1000 hours (+/-) per year. Alaska airlines denied pilots and I think FAs requests because they used flight time as work time and no pilot can work more than 1000 and therefore were denied it.

Alaska's position was that since pilots only worked 85 hours a month they were "part-time" employees.

 

[crash312]

they can deny your request for other reasons - i.e. it has to be a serious health condition - not the flu

Serious health condition is defined as causing you to miss more than 3 days of work...pretty sure the flu would qualify.

 

[Lear70]

Wrong. Here's why:



Alaska's position was that since pilots only worked 85 hours a month they were "part-time" employees.

And Alaska's policy is illegal per Federal Law now, as law has been expanded to SPECIFICALLY INCLUDE airline employees just for that reason.

They don't have a choice. It's just that simple.

 

[CesnaCaptn]

It doesn't sound like it's a law yet.

I got this from govtrack.us/congress

H.R. 912: Airline Flight Crew Technical Correction Act.

This bill has been passed in the House. The bill now goes on to be voted on in the Senate. Keep in mind that debate may be taking place on a companion bill in the Senate, rather than on this particular bill.

111th CONGRESS

1st Session


H. R. 912


IN THE SENATE OF THE UNITED STATES


February 10, 2009​

Received, read twice and referred to the Committee on Health, Education, Labor, and Pensions

AN ACT​

To amend the Family and Medical Leave Act of 1993 to clarify the eligibility requirements with respect to airline flight crews.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,



SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Airline Flight Crew Technical Corrections Act’.



SEC. 2. LEAVE REQUIREMENT FOR AIRLINE FLIGHT CREWS.

(a) Inclusion of Airline Flight Crews- Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by adding at the end the following:

‘(D) AIRLINE FLIGHT CREWS-

‘(i) DETERMINATION- For purposes of determining whether an employee who is a flight attendant or flight crewmember (as such terms are defined in regulations of the Federal Aviation Administration) meets the hours of service requirement specified in subparagraph (A)(ii), the employee will be considered to be eligible if--

‘(I) the employee has worked or been paid for 60 percent of the applicable monthly guarantee, or the equivalent annualized over the preceding 12-month period; and


‘(II) the employee has worked or been paid for a minimum of 504 hours during the preceding 12-month period.



‘(ii) DEFINITION- As used in this subparagraph, the term ‘applicable monthly guarantee’ means--

‘(I) for employees described in clause (i) other than employees on reserve status, the minimum number of hours for which an employer has agreed to schedule such employees for any given month; and


‘(II) for employees described in clause (i) who are on reserve status, the number of hours for which an employer has agreed to pay such employees on reserve status for any given month,



as established in the collective bargaining agreement, or if none exists in the employer’s policies. Each employer of an employee described in clause (i) shall maintain on file with the Secretary (in accordance with regulations the Secretary may prescribe) the applicable monthly guarantee with respect to each category of employee to which such guarantee applies.’.




(b) Calculation of Leave for Airline Flight Crews- Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end the following:

‘(5) CALCULATION OF LEAVE FOR AIRLINE FLIGHT CREWS- The Secretary may provide, by regulation, a method for calculating the leave described in paragraph (1) with respect to employees described in section 101(2)(D).’.




Passed the House of Representatives February 9, 2009.


Attest:


LORRAINE C. MILLER,


Clerk.

 

[Lear70]

The law we're speaking of was actually passed about 2 years ago.

I'd have to do some research to find it, but it's been on the books for well over a year...

 

[Mookie]

Thanks guys....

Mookie

 

[lostplnetairman]

HR Diva here--married to a pilot....

Ok let's look at the facts (because there is a lot of misinformation on this thread):

1. FMLA eligibility is 1250 hours worked in the last 12 months and employed by the employer for 12 months. It has nothing to do with full time or part time. It's the number of hours worked. Alaska and some other employers would argue that you only worked the number of hours for which you were credited for pay. Please note that the new regulations for FMLA which went into effect in January, 2009 address this. It's not a new law--it's just new regulations that many of us fought long and hard to be issued. Congress never intended, in 1993, to exclude airline employees due to the way hours were calculated. It became a typical unintended consequence of legislation drafted by 24 year olds working in Congressional offices. That is why it is so important for all of us a citizens to keep our elected officials informed of what really happens in the workplace.

2. If you are a father who requests time to bond due to the birth of a child, adoption of a child or placement of a foster child, you are entitled to the full 12 weeks (unless the spouse also works for the same employer--then it's 12 weeks total).

3. The flu does not qualify as a serious health condition despite how many days are missed unless it causes complications such as pneumonia.

4. Some states also have leave laws which may be more lenient. For example, NJ has the Family Leave Act which allows for 12 weeks in a 24 month period and only requires 1,000 hours worked in the last 12 months.

I hope this helps clarify some of the questions posed. Please feel free to ask more if needed.

HR Diva

 

[skywav8r]

Mookie, you having a kid and getting married again?.....in that order??? (-: