Fmla

[Lear70]

Thanks for the info.

Unfortunately, my company is based in MI, so although I'm technically flying in TN, they tend to use MI state law for the FMLA benefits.

Yes, I filled out the FMLA paperwork and received approval from the company for my FMLA leave. That 90 day period ended last month however, but my insurance premiums went from $75 every paycheck to $332 a month for the last 90 days. Basically doubled. From what I'm hearing you say, they shouldn't have done this.

Like I said, going to wait and see how things workout before I make an issue of it. Too much up in the air to aggravate them over $450 or so when I'm going to be more worried about whether or not I have a job when the doc releases me back to work...

 

[lostplnetairman]

Again, in most cases federal FMLA trumps anything the state has because most states have no laws (Michigan) or ones that are not as generous as FMLA--so it ususally doesn't matter what state you are in.

And whatever premium you have, that's really inexpensive at $322/month!

HR Diva

 

[Lear70]

Again, in most cases federal FMLA trumps anything the state has because most states have no laws (Michigan) or ones that are not as generous as FMLA--so it ususally doesn't matter what state you are in.

And whatever premium you have, that's really inexpensive at $322/month!

HR Diva

It's not the greatest insurance in the world, but better than some and certainly better than a stand-alone BCBS or Aetna plan. Their deductibles are awful...

Thanks for the info, appreciate your addition to the thread. Imagine that, real info on FlightInfo... next it will be cats and dogs,,, living together,,,

 

[lostplnetairman]

Thank you--that's very kind of you. Feel free to PM with any other questions.

HR Diva

 

[LowlyPropCapt]

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

All due respect, but if you had the actual flu, were prescribed medication (tamiflu for instance), and you have a certification from a physician that your condition will last longer than 3 days and you have a follow-up visit (greater than 1 doctor visit for the same condition) than you would meet the "serious health condition" requirements under the law.

The court opinions dealing with this refer to "flu like symptoms", not the actual flu diagnosis itself. The same opinions have warned employers to step lightly in this area.

 

[lostplnetairman]

With all due respect, the DOL was asked to clarify the definition of a serious health condition in drafting the new regulations. From the regulations published in the Federal Register in November, 2008 that went into effect in January, 2009:

(d) Conditions for which cosmetic treatments are administered (such
as most treatments for acne or plastic surgery) are not "serious
health conditions" unless inpatient hospital care is required or
unless complications develop. Ordinarily, unless complications arise,
the common cold, the flu, ear aches, upset stomach, minor ulcers,
headaches other than migraine, routine dental or orthodontia problems,
periodontal disease, etc., are examples of conditions that do not meet
the definition of a serious health condition and do not qualify for
FMLA leave. Restorative dental or plastic surgery after an injury or
removal of cancerous growths are serious health conditions provided all
the other conditions of this regulation are met. Mental illness or
allergies may be serious health conditions, but only if all the
conditions of this section are met.
[73 FR 68079, Nov. 17, 2008]

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.113.htm

HR Diva

 

[LowlyPropCapt]

Made my arguement to the company that administrates our FMLA. And won. Score one for the good guys.

I guess my complications were good enough to meet the definition.

 

[lostplnetairman]

I'm glad for you! In my experience most administrators don't know what they're doing. And you've corroborated that!

You fly airplanes. I work in and teach HR.

HR Diva

 

[igneousy2]

Okay, I'll give this a shot as there is misinformation on misinformation correcting misinformation with some misunderstandings...

First, 1,250 is correct. Duty time (not flight time or credit time) is used. As of right now, the only relevant case that I am aware of to come before a judge is Knapp v. America West in which it was ruled that only Duty time counts. Knapp argued that time spent on reserve should count toward the 1,250. The court ruled that reserve time DOES NOT count. The court left open the fact that TAFB may count, however, it did not rule on this fact because it was not necessary to do so in this particular case (Knapp would not have had enough hours EVEN IF TAFB was counted.) The court also left open the possibility that the frequency of times called while on reserve may be relevant in a future case, but was not ruled on in this case as Knapp did not raise this argument.

As the law is written, many if not most line holders should qualify as the law only requires 104 hours per month.

The airlines count on the fact that we will go into HR and take there word for it. At most we will call the DOL and get told that the airline is doing what they are doing "in accordance with the law" and then stop. What they don't tell you is that a lot of the law is unsettled. For example, the court in Knapp vs. America West alluded...but did not rule...that time spent on overnights should be counted toward the 1250. If it went to court again with a different case, I believe that there is a very good chance that a court would rule that time on overnights should be counted toward the 1250. However, how many pilots are going to fork over 10k+ in lawyer fees, for maybe winning and then maybe getting the time off...but definetly being 10k+ in the hole.


In any case, all this precedent is about to become a moot point as Congress has just passed a bill to ammend the FMLA to include flight crews. Obama is expected to sign it into law.
http://blog.aflcio.org/2009/12/03/family-and-medical-leave-extended-to-flight-crews/

As far as "the flu" being counted as a serious condition...The thing is...you don't call HR and say you have "the flu"...you are not a doctor, nor are they. Only a doctor can diagnose a condition. You get the "Certification of Health Care Provider Form", from HR and then you have your doctor fill out the form. The doctor certifies that you have a "serious health condition" and then you turn that into HR...it is none of their business what is wrong with you. If they want a second opinion they can pay to have one done.

As far as the flu specifically, if the doctor says you can't work for 3 days and then prescribes you medication then you meet the definition.

The DOL model form with the definitions written on the back is available here...

http://www.dol.gov/esa/regs/compliance/whd/fmla/wh380.pdf

The main point to remember is YOUR DOCTOR not HR determines if you have a serious health condition.

As far as doctors, I have chosen my current doctor based on his "policies" (--he has none) regarding FMLA certifications and the issuance of generic doctors notes. If your doctor is having too good of a time being the arbitrator of FMLA benefits at your expense...I suggest you do what I did and just get another doctor. Also note that FMLA does not require you get the certification from the FIRST doctor you visited...if the first one won't certify...go get a second opinion.