Pilots taking Family Med Leave Act Days

[Singlecoil]

Does your airline allow you to take unpaid leave under the FMLA? I've just learned my airline doesn't allow any pilot to take it since in their view we don't work 1200 hours a year, therefore aren't fulltime and don't qualify.

How about where you work?

 

[Corona]

Does your airline allow you to take unpaid leave under the FMLA? I've just learned my airline doesn't allow any pilot to take it since in their view we don't work 1200 hours a year, therefore aren't fulltime and don't qualify.

How about where you work?

SC: The last place I worked, bottom-feeder 135 charter, claimed I needed to give them 30 days notice before going on leave. Funny; my loved one's illness didn't show such consideration. They ended up, grudgingly, giving me the leave I needed with short notice.

I did do some research on FMLA rights anyway, but came up with a lot of conflicting information. I suggest talking to an employment attorney, or you could try your state Department of Labor.

I believe the whole damn point of FMLA is to allow you to take care of a pregenant/ill/dying family member, with short notice, without the company being able to take retribution against you. There have already been lawsuits about this.

Whatever is causing you to request FMLA leave is causing enough stress; you don't need some Richard Cranium airline making things worse for you. Good luck and let us know what you work out!

C

 

[dhc8fo]

yeah, you need to check with the department of labor because my memory is scratchy. I believe you can't be denied FMLA if you meet the criteria. I think one of the criteria was being employed for 12 months... again, check it out. You should be entitled regardless of the 1200 hour thing.

 

[FL000]

You should be entitled regardless of the 1200 hour thing.

Correct, but I wouldn't put it past our ingenious gubment to put restrictions on our annual flight time, but then turn around and punish us for the same restriction.

 

[Resume Writer]

I would like to know what airline you work for, as I find it hard to believe they say you do not work 1250 hours per year. Sounds like they are only counting hard flying time, but duty time should count as well. You have to be there to perform the duties or the flight does not depart.


Here is a thread where we discussed FMLA.

http://forums.flightinfo.com/showthread.php?t=36834&highlight=FMLA

Kathy

 

[Whiskey Tango]

It looks like the fair labor standards act says that hours on duty count as hours worked.

29 CFR 825.110 - Which employees are ``eligible'' to take leave under FMLA?
c) Whether an employee has worked the minimum 1,250 hours of service is determined according to the principles established under the Fair Labor Standards Act (FLSA) for determining compensable hours of work (see 29 CFR Part 785).

29 CFR 785.15 - On duty.
A stenographer who reads a book while waiting for dictation, a
messenger who works a crossword puzzle while awaiting assignments,
fireman who plays checkers while waiting for alarms and a factory worker
who talks to his fellow employees while waiting for machinery to be
repaired are all working during their periods of inactivity. The rule
also applies to employees who work away from the plant. For example, a
repair man is working while he waits for his employer's customer to get
the premises in readiness. The time is worktime even though the employee
is allowed to leave the premises or the job site during such periods of
inactivity. The periods during which these occur are unpredictable. They
are usually of short duration. In either event the employee is unable to
use the time effectively for his own purposes. It belongs to and is
controlled by the employer. In all of these cases waiting is an integral
part of the job. The employee is engaged to wait. (See: Skidmore v.
Swift, 323 U.S. 134, 137 (1944); Wright v. Carrigg, 275 F. 2d 448, 14
W.H. Cases (C.A. 4, 1960); Mitchell v. Wigger, 39 Labor Cases, para.
66,278, 14 W.H. Cases 534 (D.N.M. 1960); Mitchell v. Nicholson, 179 F.
Supp, 292,14 W.H. Cases 487 (W.D.N.C. 1959))

I would sue if I had a reason to use FMLA and the company denied it based on the amount of hours I flew.

 

[FlyBarneyJets]

I took a month-and-a-half of unpaid FMLA when my daughter was born last year. No questions asked.

Hope you can get things worked out, Singlecoil.

 

[Singlecoil]

Thanks, everybody, especially Whiskey Tango for the legal references. I haven't requested it yet, and can't afford to since I was handed a 34% paycut earlier this year (Alaska Airlines). I just recently learned that they aren't allowing any pilot to take FMLA. If you are based in Washington or California, there are state laws that are similar that they must comply with.
I was simply incredulous to learn that they are treating pilots this way, but I guess nothing they do surprises me anymore.

 

[atrdriver]

You got to remember though, that FMLA is a federal law, and the states can't trump that. If you need it, and they won't let you use it, I could call the dept of labor. If there are any government agencies that most companies are scared of it's labor department and OSHA.

 

[Yank McCobb]

This is wrong on so many counts, it just begs the question "Where did you hear this?". Is this some crew-room rumor? Is it company bashing at a company where the pilots have been recently screwed? Or is this substantiated by someone in an official capacity at the company who administers your leave policy (usually not your own company).

My curiosity is piqued on this since I have never heard of this "interpretation" at any airline before, and on all accounts, would seem grossly against the law. This is why I have to believe, until proved otherwise, that this is simply misinformation...intentional or not.