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Support FMLA Correction Legislation for Flight Crews
AFA has been fighting for the last couple of years in Washington, DC to get Congress to pass legislation that would fix the Family and Medical Leave Act (FMLA). The next three weeks will be crucial in trying to push this legislation through in order for Congress to correct FMLA legislation for all Flight Attendants and Pilots across the industry.
The problem with FMLA is that Flight Attendants are not covered by the Fair Labor Standards Act, that calculates the number of hours worked, to qualify for coverage. The concept used to determine the 1250 hours does not include time spent between trips, whether during the day or on overnights, based on company scheduling requirements.
The current defined requirements for FMLA coverage also do not allow for most Flight Attendant Reserves to qualify. Up to 1/3 of all flight attendants may be on reserve at any one time. A Reserve has no control over the number of hours they are allowed to work; it could be a full schedule or few hours at all depending on the carrier’s needs. Because the airlines realize that someone on reserve may not be called upon, must be available to the company at a moment’s notice and must be ready to report to duty while on reserve, they have guaranteed that a Flight Attendant on reserve will be paid for a minimum number of hours per month.
One must also recognize that Flight Attendants spend many hours away from home, not of their own choice, but because of the needs of their employer. These hours spent away from home and family, because technically “off-duty”, are also not used to calculate FMLA coverage. The airlines themselves have recognized that reaching the 1,250 hours of service threshold established by the courts through the FLSA is nearly impossible considering a Flight Attendant’s schedule. This basic legal right should not be left to the whims of an employer and depend on the strength of a union at the bargaining table. Flight attendants, who meet the intended threshold of 60% of a full time flight attendant schedule, should automatically qualify for coverage under the FMLA.
We would like to encourage all Phoenix-based flight attendants to contact your two Senators and tell them to support FMLA correction legislation for flight crews. Protect and Improve FMLA for Flight Attendants at US Airways.
| Sample Letter for Campaign |
Subject: Support FMLA Legislation Correction for Flight Crews
Dear [ Decision Maker ] ,
I am a US Airways Flight Attendant and a member of the Association of Flight Attendants. I am writing to urge you to support the FMLA Technical Correction for Flight Attendants and Pilots. This is bipartisan, common sense legislation that has already passed the House of Representatives on a unanimous voice vote. It would fix a long-standing problem and finally provide FMLA fairness for Flight Attendants and Pilots. Please stand with the nation's Flight Attendants and Pilots by cosponsoring S. 1422. Thank you for your time.
Sincerely,
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Campaign Launched:
September 03, 2009
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The Family and Medical Leave Act of 1993 is a United States labor law allowing an employee to take unpaid leave due to illness or to care for a sick family member. The law recognizes the growing needs of balancing family and work obligations and promises numerous protections to workers.
Generally, the Act ensures that all workers are able to take extended leaves of absence from work to handle family issues or illness without fear of being terminated from their jobs by their employers or being forced into a lower job upon their return.
The Act allows for an employee to take up to 12 weeks of unpaid leave if they have worked 1250 hours in a 12 month period.
Like teachers and firefighters; Flight Attendants have had an uphill battle in being recognized as full time employees under the Act due to how their hours of work are calculated. AFA-CWA has made it a legislative priority to ensure that all Flight Attendants are covered by the Family Medical and Leave Act and are afforded all it's protections. AFA would much rather legislate than negotiate these protections however, until congress acts on this issue we need to ensure that we have the best possible contractual language in place on FMLA.
Under the terms of the AWA/AFA contract, America West Flight Attendants qualify for FMLA protected leave if they have been employed by the company for 12 months and have 625 credit hours of work over the previous year.
Under the USA/AFA contract, US Airways Flight Attendants need the full 1250 hours calculated by duty hours worked to qualify. US Airways Flight Attendants can qualify for a Personal Care Leave (PCL) that is similar to FMLA if they have worked 450 credited hours in the previous 12 months. However, a PCL restricts intermittent leave requests and is denied should the flight attendant need less than 5 days off.
AFA negotiators proposed to the company a progressive and forward-thinking FMLA section that combined East and West leave policies into a comprehensive FMLA package that would benefit our members.
Do not stand on the sidelines on this important issue. Improving FMLA protections for Flight Attendants at US Airways is sorely needed. Diminishment of these protections is not an option!
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