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ARTICLE 26 - SICK LEAVE
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ARTICLE 26 - SICK LEAVE

A. SICK LEAVE ACCRUAL

1. a. A Flight Attendant shall be credited with three (3) hours of sick leave for each month of active service with the Company. The accumulation for each calendar year shall be available for use in the following calendar and/or subsequent calendar years.

b. A Flight Attendant who has completed his/her first six (6) months of service may use up to thirty (30) hours of his/her accumulated sick leave in the calendar year in which s/he completed his/her first six (6) months of service.

2. Unused sick leave shall be cumulative up to a maximum of one thousand (1,000) hours.

3. Except as specified in paragraphs D. and E. of this Article, only hours of absence due to illness or injury of the Flight Attendant which are not compensable under the applicable Workers' Compensation Laws shall be paid for from such accrued sick leave.

B. COMPUTATION OF SICK LEAVE ACCRUAL

For purposes of computing sick leave accrual under this Article, fifteen (15) days or more of service in a calendar month shall be considered a full month and less than fifteen (15) days shall not be considered. In order to be eligible to accrue such sick leave provided for above, the Flight Attendant must be paid a minimum of four hundred twenty (420) hours during the calendar year or an average of thirty-five (35:00) hours per active month during the calendar year if the Flight Attendant has been inactive during the calendar year due to any unpaid status.

Additionally, Flight Attendants who are active less than 15 days in a month as a result of removal due to injury-on-duty or union leave will receive full accrual for that month, provided they meet the minimum paid hours requirement for each month of active status.

C. ABSENCE DUE TO OFF-DUTY ILLNESS OR INJURY

1. Absence due to off-duty sickness or injury will be considered to begin with the date the Flight Attendant is unavailable for flight duty, continuing up to but not including the date again ready and, if required, medically cleared for flight duty. If a reserve Flight Attendant is unavailable due to sickness or injury, but later in the same day is cleared for flight duty, one day's sick leave will be charged, unless s/he actually performs flight duty in that day. To the extent that a Flight Attendant has sick leave accrued, s/he shall be paid, and his/her sick leave charged as follows:

a. A regularly scheduled Flight Attendant will be paid, and his/her sick leave accrual charged, for all hours of a trip or trips missed due to sickness or injury; provided that sick leave hours shall not be paid, nor shall a Flight Attendant's accrual be charged, for any sick hours if such payment would result in a Flight Attendant exceeding pay for eighty (80) hours (eighty-five [85] hours on International or MAC Operations) in that month.

b. A replacement Flight Attendant who reports sick on an available day will be paid, and his/her sick leave accrual charged, for the hours of the trip sequence s/he would have been assigned for that day. A Flight Attendant who remains on the sick list through subsequent available days will be paid, and his/her sick leave accrual charged, three hours fifty-three minutes (3:53) for each subsequent day of availability missed due to sickness; nor shall a Flight Attendant's accrual be charged for any sick hours if such payment would result in a Flight Attendant exceeding pay for eighty (80) hours (eighty-five[85] hours International or MAC Operations) in that month. Sick leave shall not be paid or charged for duty-free periods under the provisions of Article 7.N. of the Basic Agreement (7.O. of the International Agreement).


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c. A reserve Flight Attendant will be paid, and his/her sick leave accrual charged, four hours and ten minutes (4:10) pay and flight time credit in a thirty day contractual month or three hours and fifty-six (3:56) in a thirty-one day contractual month for each day of reserve obligation missed due to sickness or injury; provided that sick leave hours shall not be paid; nor shall a Flight Attendant's accrual be charged, for any sick hours if such payment would result in a Flight Attendant exceeding pay for eighty-five (85) hours in that month. Sick leave shall not be paid or charged for duty-free periods provided in Article 10.F. of this Agreement.

2. A Flight Attendant who misses a trip sequence due to illness and who has insufficient paid sick leave available to cover the hours of the entire trip sequence will be able to draw upon his/her accrued sick leave to the extent of the hours remaining; the balance of the hours, or fraction thereof, of the trip sequence missed due to illness will be unpaid.

D. OCCUPATIONAL ILLNESS OR INJURY

1. A Flight Attendant drawing Workers= Compensation may, at her/his option, draw upon her/his accrued sick leave provided the Flight Attendant is treated by a medical provider selected by the Company or the claims payor. The combination of Workers= Compensation benefits and sick leave will equal 100% of the monthly guarantee. Corresponding deductions will be made from his/her available sick leave accrual.

2. a. The Company shall maintain a Preferred Provider Network ("PPN") list of specialized physicians from which Flight Attendants may select a physician for the treatment of injuries.

b. The decision to utilize the PPN is the determining factor in the ability of a Flight Attendant to draw upon his/her sick leave as provided for in paragraph D.1. above. However, that decision will have no effect on state mandated Workers' Compensation payment eligibility, unless specified by state statute. In the event the Flight Attendant is based in or lives in a state where the Company chooses not to participate in a PPN or a state that does not have a PPN, or the Flight Attendant is deemed geographically precluded from using a PPN as described in Appendix WW, s/he will not be precluded from drawing upon her/his accrued sick leave.

c. The Company shall meet and confer with APFA concerning any problems in the PPN system identified by APFA.

E. OCCUPATIONAL INJURY UNDER EXCEPTIONAL CIRCUMSTANCES

1. Forced Landing/Rough Air/Passenger Assault/Hijacking/Sabotage

a. A Flight Attendant, traveling in Company operated aircraft, as a flight crew member or as a passenger on Company business, and only if injuries are sustained as a result of forced landing, rough air, passenger assault, hijacking or sabotage while on duty, will receive full salary less Workers' Compensation benefits for a maximum of six (6) months. No deductions will be made from the Flight Attendant's sick leave account, and scheduled pay increases as provided in Article 3 will be made effective.

b. After the six (6) month period, the Flight Attendant may, at his/her option, use accrued sick leave in addition to any Workers' Compensation to enable the Flight Attendant to receive her/his applicable monthly guarantee. The combination of benefits shall not exceed 100% of the applicable guarantee.


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c. "Rough Air" will be defined and identified by the following observable in-flight characteristics:

"Large and abrupt changes in altitude and attitude occur. Occupants are forced violently against seatbelts and shoulder straps. Unsecured objects are tossed about. Food service and walking are not possible."

Moderate chop and/or moderate turbulence will not constitute rough air.

(1) A Captain's official report (E6) or its equivalent of "severe turbulence" will be sufficient to substantiate the presence of rough air. In the absence of a Captain's official report of "severe turbulence", Flight Service will investigate IOD claims of rough air to determine the appropriateness of a designation of rough air. Parameters used for such determination are set out in Appendix YY.

(2) A decision and notification by Flight Service of "non-rough air" will be considered as having fulfilled the requirements of Article 28.A.3., 4. and 5. of this Agreement.

d. "Forced Landing" will be defined as those instances where due to a hijacking or hostage situation, the aircraft is forced to land.

e. Company Policy on Passenger Assaults. The Company has a zero-tolerance for physical assaults against Flight Attendants.

(1) An on-duty Flight Attendant who is a victim of assault by a passenger will have the full cooperation of the Company in criminal charges brought against the passenger by appropriate authorities. It may be necessary for the Flight Attendant to meet with law enforcement authorities and appear as a witness in criminal proceedings. Flight Attendants in that situation will be given time off with pay and will receive appropriate assistance (e.g., Critical Incident Stress Debrief [CISD] referral, EAP assistance, legal referrals) from the Company.

(2) An on-duty Flight Attendant who is a victim of assault by a passenger will have the cooperation of the Company in pursuing civil litigation, in that the Flight Attendant will be given time off without pay in all proceedings specifically related to the civil litigation where the Flight Attendant's presence is needed for her/his deposition, mediation, trial or required by court order, subpoena and/or law enforcement authorities. The Flight Attendant will be required to submit appropriate verification for time off without pay. At the Flight Attendant's option, she/he may choose to use Personal Vacation Days (PVD=s) in an amount up to the Flight Attendant's vacation accrual to be awarded in the subsequent fiscal year. Such PVD usage may exceed the limitations outlined in Art. 6.0. These PVD=s will be awarded regardless of manning.

(3) A Flight Attendant requiring time off pursuant to e.(1) or (2) above will provide the Company as much advance notice as possible.

2. Incident Resulting in Fatality and/or Substantial Aircraft Damage

a. A Flight Attendant who is assigned to a Company operated aircraft that is involved in an air accident resulting in:

(1) a single fatality without substantial aircraft damage, or


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(2) one or more serious injuries with substantial aircraft damage, or

(3) complete aircraft destruction in the absence of fatalities, and, as such sustains injuries or disabilities as a direct consequence of the event that prevents her/him from returning to active duty will be entitled to the provisions of E.1.a. above.

b. If, following the period of benefit of E.1.a. above, the Flight Attendant is unable to return to active duty, s/he will receive seventy-five (75) hours pay per month, less Workers' Compensation benefits, for an additional period not to exceed fifty-four (54) months. Such payment will be made in accordance with her/his length of service commensurate with the operation to which s/he is assigned. No deductions will be made from the Flight Attendant's sick leave account, and scheduled pay increases as provided in Article 3 will be made effective.

c. At the end of the maximum five (5) year period, the Flight Attendant may, at her/his option, use accrued sick leave in addition to any worker's compensation benefits to enable the Flight Attendant to receive her/his applicable monthly guarantee.

3. Major Aircraft Accident. A Flight Attendant who is assigned to a Company operated aircraft that is involved in a major aircraft accident, defined as an air accident resulting in:

a. multiple fatalities, or

b. one fatality with substantial aircraft damage, and, as such, sustains injuries or disabilities as a direct consequence of the aircraft accident that prevents her/him from returning to active duty will receive seventy-five (75) hours of pay per month, less Workers' Compensation benefits. Such payment will be made in accordance with her/his length of service commensurate with the operation to which s/he is assigned. No deductions will be made from the Flight Attendant's sick leave account, and scheduled pay increases as provided in Article 3 will be applicable.

4. General Provisions

a. In the determination of eligibility for benefits pursuant to 2. and 3. above, "fatality" will be defined as a loss of life directly related to and as a result of the operation of Company aircraft.

b. In the determination of eligibility for benefits pursuant to 2. above, "complete aircraft destruction" will be defined as "physical or economic whole loss."

c. Receipt of benefits under the provisions of paragraphs 1., 2. and 3. above will cease upon 1) the expiration of enumerated benefits; 2) the Flight Attendant's return to active duty; or 3) retirement, whichever occurs first. A Flight Attendant receiving benefits under these provisions may be required to document continued disability as reasonably requested by AA Medical. Other provisions of this Agreement may apply in these instances.

d. PPN Provider. Pay continuance of benefits under the provisions of this Article 26 E. are contingent upon a Flight Attendant's use of a PPN provider during the time the Flight Attendant's injury is covered under Worker's Compensation, if s/he resides in a state where the Company uses a PPN and the Flight Attendant is not geographically precluded from using a PPN. Therefore, until a Flight Attendant has reached maximum medical improvement, or has received a permanent impairment rating based on state-mandated guidelines, the Flight Attendant must use a PPN provider, if s/he resides in a state where the Company uses a PPN, and the Flight Attendant is not geographically precluded from using a PPN. Once maximum medical improvement has been reached or the Flight Attendant has received a permanent impairment rating based on state-mandated guidelines, the Flight Attendant may opt to switch to a non-PPN provider for continuing medical care. The provisions of 26.D.2.a. and c. apply.


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e. Pay continuance of benefits under the provisions of this Article 26.E. are contingent upon a Flight Attendant's cooperation with the Company, including cooperation with any applicable procedures, and in providing the required documentation necessary to substantiate his or her injury.

f. For pay purposes, a Flight Attendant will remain in her/his applicable operation (Domestic/International) during her/his entire period of injury. If, however, at the time of the event causing the Injury on Duty, a Domestic Flight Attendant had a proffer request on file for an International base, and at the time of the event a proffer award was pending for that specific International base, and, but for the event, the Flight Attendant would have been awarded that proffer, then such Flight Attendant will be paid International rates of pay for purposes of pay continuance under Article 26.E. Such International rates of pay will be effective on the first day of the next contractual month following the proffer award results.

g. Benefits pursuant to Article 26.E. will be in lieu of any other payment provided for in this Article for all absences due to the same illness or injury.

h. Payments made under Article 26.E. will be offset by Workers' Compensation payments for which the Flight Attendant is eligible. The combination of benefits paid under Article 26.E.1. or E.2. will not exceed one hundred percent (100%) of the applicable total salary continuation amount (e.g., 75 hours/month), once the maximum six (6) month period has been exhausted in E.1.a. and E.2.a. above.

5. Injuries Sustained in Flight Other Than Under Exceptional Circumstances. Injuries sustained in flight for any other reason are covered in D. above.

6. Flight Attendant Support Mechanisms. The parties recognize the benefit of having various Flight Attendant" support mechanisms" in place to assist Flight Attendants who sustain injuries pursuant to this Article 26.E. Examples of some of the existing support systems include the "GO Team", Critical Incident Stress Debrief (CISD), EAP, AA/APFA Safety Committee, Passenger Misconduct Task Force and the Turbulence Task Force.

F. REPORT OF INJURY ON DUTY

1. A Flight Attendant shall upon becoming aware of having sustained an occupational illness or injury, unless disabled, must immediately submit a written report to the Company containing the following information:

a. Flight number, aircraft and cabin position.

b. Date incident occurred.

c. When/where incident occurred.

d. How incident occurred.

e. Action taken when incident occurred.

f. When/where, from whom professional medical aid was received.

g. Indicate if time was lost from work.

h. Names of witnesses.

i. Signature and employee number.

2. The Flight Attendant will be given a copy of his/her written report. Upon request of the Flight Attendant, the APFA will also be provided a copy of the report. Flight Attendants will be required to follow local base procedures which will be made available to each Flight Attendant at his/her base station.

ARTICLE 26 - SICK LEAVE (Continued)

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