Protect and Improve FMLA Benefits for Flight Attendants at US Airways

Management passed their response back to AFA's proposal on Leaves of Absence this past week during negotiations for a Single Agreement and frankly it was insulting. If the company wanted to show its true colors then this proposal did just that.

Management wants to effectively diminish and/or eliminate FMLA protected leave for the majority of Flight Attendants at America West by raising the amount of qualifying hours needed to 1,250 duty hours worked in the previous 12 months. Currently America West Flight Attendants need 625 credited hours to qualify for FMLA leave. The AFA Joint Negotiating Committee (JNC) proposed changes that would allow flight attendants to qualify for FMLA based upon 450 credited hours worked in the previous 12 months. Under management's proposal rarely would a Reserve qualify for FMLA and yet they are full time workers who deserve this protection.

Management also disregarded the Domestic Partner language that had been proposed and tentatively agreed to during America West Section 6 negotiations that provided similar "FMLA-like" protections for flight attendant’s needing to take leave to care for a Domestic Partner who becomes critically ill. The JNC had also included Adult Children and Siblings in this language.

 

AFA negotiators were swift in their rebuke to management's proposals and made them unequivocally aware how important FMLA protection is to all our members. We warned the company that this type of negotiating was unacceptable and offensive.

 

You too can voice your outrage to this type of negotiating behavior by the company. Send a letter to management and tell them that you will not accept a diminishment to FMLA protected leave.  

Sample Letter for Campaign

Subject: Protect and Improve FMLA for Flight Attendants

Dear [ Decision Maker ] ,

On Thursday, April 12, 2007, company negotiators presented to AFA, management's counter proposal on Leaves of Absence.

Included in management's proposal was language that would clearly diminish and/or eliminate FMLA protections for the majority of America West Flight Attendants employed by US Airways.

Congress passed the Family Medical and Leave Act in 1993 in order that working American men and women would not have to choose between losing their jobs or taking time off to care for a critically ill family member or themselves.

I am outraged that management would attempt to rob flight attendants of protected FMLA leave that is available and used today by millions of America's working families.

AFA Negotiators presented a proposal that would offer improved FMLA protected benefits for both East and West Flight Attendants.

I urge you to instruct your representatives at the bargaining table to negotiate fairly and not diminish FMLA protected leave for Flight Attendants at US Airways.

Sincerely,

Campaign Launched:
April 17, 2007


Background Information

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!