Fmla

[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??? (-:

 

[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