G. CHALLENGE TO PAYMENT OF CONTRACTUAL INJURY ON DUTY BENEFITS In the event that the Company or its designee challenges the payment of Injury on Duty (I.O.D.) benefits to a Flight Attendant the Company or its designee may, within seven (7) days of the employee's report of injury (filing of report of I.O.D. claim or commencement of lost time), notify the Flight Attendant and the APFA Chairperson, in writing that the claimed I.O.D. is being challenged. The Flight Attendant may appeal the Company's challenge within seven (7) days of receipt of the Company's challenge by notifying his/her supervisor and the APFA Base Chairperson, in writing. Once challenged, the following shall apply: 1. Injury That Does Not Exceed The Statutory Waiting Period 2. Injury That Exceeds The Statutory Waiting Period. If the Company challenges the payment of a Flight Attendant's contractual IOD pay continuance benefits prior to a finding of compensability by the respective State Workers' Compensation Board, and/or if a Flight Attendant's compensation case is settled without a finding of compensability, the following will apply:  | b. New/Additional Information After Seven (7) Day Period. It is understood that there may be instances in which new/additional information is made known/becomes available to the Company after the seven (7) day period which, in the Company's determination, supports an objection to the continuation of contractual IOD pay continuance benefits. In such event the following will apply: |  |  | (1) The Company, or its designee, will notify the Flight Attendant and the APFA Base Chairperson, in writing, of its objection to the continuation of the payment of contractual IOD pay continuance benefits and the specific reason for the objection. (2) In the event the Flight Attendant does not agree with the Company's decision to object to the continuation of contractual IOD pay continuance benefits, the provisions of Article 28.A.3., 4., and 5. of this Agreement will be considered to have been fulfilled. The Flight Attendant's claim for payment of contractual IOD pay continuance benefits may be processed as a grievance in accordance with the System Board of Adjustment procedures as detailed in Articles 28 and 29 of this Agreement. In such event, should the parties be unable to satisfactorily resolve the grievance prior to hearing, all matters relating to the grievance will be left to the Board's determination. Pending final resolution, the Flight Attendant will continue to receive all contractual pay continuance IOD benefits. (3) In the event the Flight Attendant does not challenge the Company's decision to object to the continuation of contractual IOD pay continuance benefits, the Flight Attendant's records for the time period encompassed by the objection will be recoded as sick. If sick accrual is not available for the time period encompassed by the objection, the repayment of any contractual I.O.D pay continuance benefits received to date will be handled in accordance with current overpayment procedures. | 3. Medical Reports And Documentation. In addition to other access to documents that may exist elsewhere in this Agreement, the Company will promptly furnish the APFA Vice President or his/her designee with all medical reports and documentation related to the respective I.O.D. (as they relate to the Company's denial of contractual benefits for that I.O.D.) provided the employee authorizes in writing the release of such documentation to the APFA. 4. Failure To Appeal. If the employee fails to appeal the Company's challenge of benefits the decision of the Company shall be final. 5. Finding of Compensability. Notwithstanding other provisions of this paragraph G., if a Flight Attendant's workers compensation case is settled or adjudicated by the respective State Workers' Compensation Board with a finding of compensability, both the APFA and the Company will be bound by that determination, for payment of contractual I.O.D pay continuance benefits. H. SICK CALL PROCEDURES A Flight Attendant unable to report for duty shall, unless prevented by reasons beyond his/her control, notify Crew Schedule or his/her immediate supervisor as far in advance of the starting time of his/her duty assignment as possible. A Flight Attendant may be required to submit a medical certificate signed by the Flight Attendant's personal physician to support payment of sick leave benefits. A verbal instruction will be considered sufficient to support this requirement. All verbal instructions will be confirmed in writing. Such medical certificates shall contain the following information: - Date(s) treatment received,
- Diagnosis of illness or injury in medical terms,
- Prognosis.
J. SICK CALL FOR EPT The Company agrees not to charge a Flight Attendant for sick time when s/he calls in sick for his/her "EPT" training class. When all other attempts to reschedule the Flight Attendant without loss of a duty-free period or trip sequence have been exhausted, the Company reserves the right to reschedule the Flight Attendant on a duty-free period, if necessary, depending on the "EPT" schedule. If the rescheduling of the Flight Attendant "EPT" class requires that the Flight Attendant be removed from a scheduled trip, such Flight Attendant will not be paid under the provisions of Article 3.H. of this Agreement. K. STATEMENT OF MUTUAL OBLIGATION The Flight Attendant and Association of Professional Flight Attendants recognize their obligation to prevent absence for reasons other than illness or injury, or other abuse of such sick leave privilege, and pledge their wholehearted cooperation to the Company to prevent abuse. L. ADDITIONAL ASSISTANCE If the Company, at any time in its discretion, grants additional sick leave or assistance to any Flight Attendant, it shall not constitute a precedent requiring additional sick leave or assistance in any other case. M. COMPANY NOTIFICATION OF PREGNANCY A Flight Attendant who becomes pregnant must, immediately upon becoming aware of such pregnancy, deliver to the Company a written notice of such pregnancy, and there shall be included with such notice a written statement from her doctor specifying the expected date of delivery. No later than fourteen (14) calendar days of such notice, the Flight Attendant shall also provide the Company with a written statement from her personal physician stating her ability to continue to fly, inability to fly due to disability, or her request for a personal leave of absence. N. OPTION TO FLY DURING FIRST TWENTY-EIGHT (28) WEEKS OF PREGNANCY A Flight Attendant will be allowed to continue to fly during the first twenty-eight (28) weeks of her pregnancy (twelve [12] weeks prior to the expected date of delivery). The Flight Attendant must meet the following safety requirements within fourteen (14) calendar days of notice of pregnancy: 1. The Flight Attendant must provide her personal physician with a written description of Flight Attendant duties which will be provided by the Company, and the personal physician must provide the Company with a written statement indicating his/her opinion that the Flight Attendant's pregnancy is a normal, doctor supervised pregnancy and that she remains capable of safely performing her duties. Failure to provide the personal physician statement will result in removal from the payroll. 2. The Flight Attendant must remain under the continued care of a physician so long as she continues to fly while pregnant. 3. The Flight Attendant must notify the Company immediately of any change in her medical condition which might affect her ability to perform her duties. O. REQUIRED MEDICAL EXAMINATIONS (PREGNANCY) For reasons of safety the Company may, at any time, require a pregnant Flight Attendant who continues to fly to undergo a medical examination by the Medical Department to determine her continued ability to perform her duties. In the event that the American Airlines Medical Department finds that she is no longer able to perform her duties, she will be placed on Sick Leave or Sick Leave of Absence (Maternity), whichever is applicable. P. DISABILITY DURING FIRST TWENTY-EIGHT (28) WEEKS OF PREGNANCY At any time during the first twenty-eight (28) weeks of pregnancy, if the Flight Attendant's personal physician determines she is unable to perform her duties because of her condition or the medical treatment thereof, she will be placed on Sick Leave or Sick Leave of Absence (Maternity), whichever is applicable. This decision will be reviewed by the American Airlines Medical Department for final approval. Q. MANDATORY SICK LEAVE TWELVE (12) WEEKS PRIOR TO DELIVERY In no event shall a pregnant Flight Attendant continue to fly after a date which is twelve (12) weeks prior to her expected delivery date. R. BENEFITS WHILE DISABLED (PREGNANCY) A Flight Attendant is eligible for sick leave benefits for reason of pregnancy, childbirth, or related medical conditions when she is rendered unable to perform her duties because of her condition or the medical treatment thereof. 1. Twelve (12) weeks prior to the expected date of delivery, a Flight Attendant will be considered disabled and eligible for sick leave benefits. 2. During the first twenty-eight (28) weeks of pregnancy, the Flight Attendant's personal physician must advise the Company, in writing, of the Flight Attendant's inability to perform her duties. Such notification is subject to review by the American Airlines Medical Department. 3. A disabled Flight Attendant who has accrued sick leave will be eligible to be paid sick leave to the extent of her sick leave accrual, with corresponding deductions from such accrued sick leave until it is exhausted. 4. During the period while on paid sick leave, the Flight Attendant must "paper bid" on a monthly basis until her sick leave is exhausted. 5. When accrued sick leave has been exhausted, the Flight Attendant will be placed on a Sick Leave of Absence (Maternity). 6. When on a Sick Leave of Absence (Maternity), a Flight Attendant is eligible for Group Life and Health benefits and Long Term Disability benefits. S. PERSONAL LEAVE DURING FIRST TWENTY-EIGHT (28) WEEKS OF PREGNANCY Pregnancy, childbirth or related medical condition may be considered a compelling reason for a Personal Leave of Absence. T. PERIOD OF DISABILITY AFTER BIRTH 1. Sick Leave or Sick Leave of Absence (Maternity) will continue after birth until the Flight Attendant is no longer disabled. A disability period of six (6) weeks after birth will be allowed under ordinary circumstances. 2. Medical complications following the delivery which result in continuing disability shall be the only exception recognized that would permit the extension of a Sick Leave of Absence (Maternity) beyond six (6) weeks after delivery. U. MEDICAL CLEARANCE AFTER BIRTH Six (6) weeks after birth or, prior to returning to duty, whichever is sooner, it will be the responsibility of the Flight Attendant to make an appointment to obtain medical clearance for flight duty with the designated Company physician. V. PERSONAL LEAVE FOLLOWING BIRTH OF CHILD If it is in the best interest of the health of the child, a Flight Attendant may be granted a Personal Leave of Absence following the birth of a child. 1. A female Flight Attendant may have her Sick Leave of Absence converted to a Personal Leave of Absence when her health permits her to return to work after delivery, which in most cases, will be six (6) to eight (8) weeks after delivery. A Flight Attendant who desires to return to work prior to six weeks after delivery must be cleared by both her personal health care provider and AA Medical. 2. Personal Leaves for either male or female Flight Attendants, may be approved for an initial period not to exceed ninety (90) days. A request for a Personal Leave must be made, in writing, as far in advance as possible. The request for a Personal Leave must state the reason for such request. 3. Personal Leaves for either male or female Flight Attendants, may be extended for an additional ninety (90) days, but no further extensions will be permitted. A request for extension must be made in writing, as far in advance as possible. 4. When both parents are AA Flight Attendants, they are eligible for a total shared leave amount of up to one hundred eighty (180) days, to be taken in a minimum of thirty (30) day increments. This one hundred eighty (180) day shared leave may be taken by the Flight Attendants at the same time, on an overlapping basis or sequentially, at their option. 5. The Personal Leaves described in paragraph 2., 3., and 4. above must be completed within one (1) year of the birth of the child. W. TERMINATION OF PREGNANCY The Flight Attendant's physician must provide the designated Company physician with prompt written notice of date of delivery or termination of pregnancy in any other manner. X. INTENT TO RETURN TO WORK (MATERNITY) A Flight Attendant returning from a Personal Leave of Absence, Sick Leave or Sick Leave of Absence (Maternity) must give the Company written notice of her intent to return to work prior to the expiration of such period of absence and shall return to work on a date established by the Company. Failure to return to work on the date established shall be deemed a voluntary termination of employment. A Flight Attendant returning to work must meet the basic requirements of all other Flight Attendants. Y. EFFECT ON SENIORITY (PREGNANCY) Company and Occupational Seniority shall accrue during Sick Leave of Absence (Maternity); Classification Seniority shall accrue only up to thirty (30) days. For Personal Leave, Company Seniority shall accrue up to ninety (90) days; Occupational Seniority shall accrue up to one hundred eighty (180) days. |