Fmla

[Mookie]

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

Not this time.

just trying to help my Alaska guys get the same rights that every other carrier gets.

mookie

 

[Lear70]

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

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

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).

That's not what my state told me. I went to the DOL here in TN and was told that I was only entitled to 4 weeks, not the full 12, under FMLA for my wife when she gave birth to my son, UNLESS she had a health complication or he was considered high risk (which he wasn't).

Are the week entitlements different from state to state? (I had been working for Pinnacle for 3 years when he was born, full-time, so that wasn't the issue).

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.

TN has the same rule on the books, that's why I used 1,000. Didn't know other states required more hours worked.

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

HR Diva

It did, thanks. What also might be helpful is the exact legislation number and date it was added to the rule books to accompany any letters the Alaska guys and gals need to serve their management team to force compliance with FMLA guidelines...?

Thanks again!

 

[Going2Baja]

Three years ago when my son was born I asked for time off and then FMLA. I was told that as a probationary at will employee that I could be let go for any reason. I tried to get this in writing so I could due the piss out of them. No luck. My family decided that it would be better to keep the job we so much needed to make the mortgage. I have not, nor will I ever forgive such a "family" organization.

I will soon be in need of FMLA to take care of a dying mother and an aging father. I'll try again. Can someone please tell me the benefits entitled via FMLA? Is it 1/2 pay for the 12 weeks? Thanks.

Baja.

 

[Lear70]

As far as I'm aware, there is no pay for FMLA unless your contract states something different than Federal Law.

You can take the time off, but you're not entitled to receive compensation during that time off.

If it's for your PERSONAL illness, you can of course use your sick bank, but I'm not aware of any provision that requires them to pay you while you're off, just retain your position for when you return, continue to accrue seniority and longevity, and keep your insurance benefits active.

I was out on FMLA leave for the last 4 months at Kalitta for my shoulder surgery, and they charged me my ENTIRE insurance premiums, and not just my normal payroll deductions. I'm still investigating the legality of that, as the way I understood FMLA, they could make you continue to pay YOUR part of the health insurance, but were still required to pay THEIR part of the insurance payments.

Sorry to hear about your family...

 

[GogglesPisano]

Isn't FMLA one of those interfering-in-the-market socialist programs?

 

[Going2Baja]

Looking under California Paid Family Leave it states up to 55% pay for 6 weeks - not to exceed $600/wk. We'll see where this all goes.

Baja.

 

[jonjuan]

I was out on FMLA leave for the last 4 months at Kalitta for my shoulder surgery, and they charged me my ENTIRE insurance premiums, and not just my normal payroll deductions. I'm still investigating the legality of that, as the way I understood FMLA, they could make you continue to pay YOUR part of the health insurance, but were still required to pay THEIR part of the insurance payments.

http://www.patientadvocate.org/index.php?p=128
Employers are not required to pay wages during FMLA leave periods and may also require workers to exhaust days allocated for paid vacation time and sick leave before FMLA absences may be utilized. The duration of leave may last as long as twelve weeks. Employers who normally pay for workers' health insurance premiums, fully or partly, must continue during the FMLA period. Employers must reinstate returning workers to positions similar to those previously occupied. Alternatively, workers may utilize frequent shorter absentee intervals, such as taking off one or two full days or afternoons per week. When workers must make use of these brief intermittent leave periods, FMLA provides employers with broader flexibility to alter their work duties.

 

[Lear70]

That's what I thought, thanks for providing the reference.

Kalitta is keeping my job open for me until I return (or so they say), which is going to be 7 months total from the day I went on FMLA (surgery got delayed a month and the recup is 5 months then I have to re-apply for my medical).

Since they're doing that, I haven't been as aggressive about my insurance premiums as I might normally have. If for some reason they don't keep my job available like they said, I'll have to pursue the issue further...

Or maybe my grievance ruling will be back by then for my AirTran job... who knows. *sigh*

 

[lostplnetairman]

HR Diva here--

FMLA, ADA are job protection laws. Income replacement is covered by state laws (NJ paid leave, CA paid leave, NY, RI, etc,) and worker's comp for job related injuries.

If you are out on FMLA, the company must continue your health benefits as if you were an active employee. However, after the FMLA period ends, you may still be out on a personal leave of sorts. At that point they don't have to continue their contributions. If you were truly out on FMLA, they were required to send you specific paperwork outlining the insurance and other obligations. If you want to PM me, I can get more specific about their responsibility and what you can do about it.

The most favorable law to the employee trumps other laws. So, if you live in a state like Connecticut which has 16 weeks of FMLA, it trumps Federal law. But if the state has a lesser benefit or no law at all, the FMLA rules. In TN, the law is on top of FMLA--an additional 4 weeks if you qualify (so the person who told you TN allows for 4 weeks really told you 1/2 the story--assuming this was after the 2005 amendment to the law that served to include paternity leave):

TN Code
§4-21-408,
§8-5-806 (adoption
leave),
§8-5-802 (sick
leave)​

 

[BeCareful!]

Yeah, Mesa Grande (LCC) management just got schooled on this. Part Time, my A$$. MFers

 

[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.