Singlecoil
I don't reMember
- Joined
- Jul 26, 2002
- Posts
- 1,273
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Singlecoil said: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?
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.dhc8fo said:You should be entitled regardless of the 1200 hour thing.
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))