Home arrow Current Contract arrow Foundation Document arrow ARTICLE 26 - SICK LEAVE (Continued)
ARTICLE 26 - SICK LEAVE (Continued)
134

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

a. The Flight Attendant will receive pay continuance from the Company up to the maximum days provided during the statutory waiting period under the applicable State Workers' Compensation laws.

b. The supervisor and/or Base Chairperson may appeal within thirty (30) days to the Short Term Injury On Duty Panel, composed of the President of APFA and the Vice President Employee Relations, or their designee. Should the panel be unable to resolve the issue, the matter shall be referred to the designated permanent I.O.D. Referee for decision.

c. The referee will render an immediate decision, without a written opinion, within twenty-four (24) hours of the hearing. His/her decision shall be limited to (1) determining whether the pay continuance, made to the Flight Attendant under this provision, shall be considered a benefit under sick leave or I.O.D. benefits, or (2) whether the employee was not disabled and therefore should return to the Company the benefits s/he received under this provision.

d. Expenses for the hearing before the special designated referee will be borne in the same manner as for grievances under this Agreement.

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:

a. Challenge Procedures

(1) If the Company's challenge is made outside of the seven (7) day requirement of this paragraph G., the provisions of paragraph b. below will apply.

(2) If the Company's challenge and the Flight Attendant's appeal of that challenge are timely, the case will be reviewed by the President of the APFA and the Vice President of Employee Relations, or their designees, within thirty (30) days of the appeal to determine if the payment of the contractual benefits should be initiated.

(3) If, through a mutual agreement by the parties, the Flight Attendant is paid her/his contractual IOD pay continuance benefits, but the respective State Workers Compensation Board later deems the case as non-compensable, all parties will be bound by the State Workers' Compensation Board's decision and the Flight Attendant will be deemed to have automatically consented to repay the Company any pay continuance benefits that have been paid for that particular injury.

(4) If the parties are unable to resolve the issue of payment of the contractual benefits, the provisions of Article 28.A.3., 4., and 5. of this Agreement will be considered to have been fulfilled and the Flight Attendant may choose to attempt to recover any contractual pay continuance benefits through a grievance processed in accordance with the System Board of Adjustment procedures as detailed in Article 28 and 29 of this Agreement. If such grievance is filed, it will be scheduled in accordance with mutually agreed upon administrative procedures for a hearing at the next scheduled Quarterly System Board and all parties will be bound by the arbitrator's decision.

135

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.

136

1. Initial Notification of Absence. The Flight Attendant must provide the Company with the estimated duration of absence and fix a date for a future contact. It is the responsibility of the Flight Attendant to contact Crew Schedule no later than the contact date given. If the Flight Attendant is not prepared to return to work, another contact with Crew Schedule must be made and an estimated date of return established. If the Flight Attendant anticipates a further extension of absence, or when a sickness becomes more protracted than originally anticipated, the Flight Attendant must promptly contact a supervisor and provide the Company with required information. When a Flight Attendant is unwilling to discuss the nature of the medical problem with a supervisor, the supervisor will refer the Flight Attendant to the Medical Department.

2. Firm Clearance Date. At the time the Flight Attendant provides notification to the Company of her/his inability to report for duty, s/he will be provided an opportunity to designate all or a portion of the planned period of absence as "firm". The Company will also provide an automated means for a Flight Attendant to make this indication (e.g., AVRS) at a later date.

a. If the Flight Attendant indicates that all or any portion of the period of planned absence is firm, each trip sequence which is scheduled to operate during any portion of the firm period will be released into open time at the time of such indication.

b. If the Flight Attendant with a firm period of planned absence subsequently clears from the sick list prior to the end of the period, the following adjustments will be made to her/his monthly activity record, as applicable.

(1) Each trip sequence which was removed and for which the Flight Attendant is now legal and available to fly, will, if still in open time, be reinstated onto her/his monthly activity record and the Flight Attendant's sick bank will not be charged to the hours of the reinstated trip sequence. And/or,

(2) For each trip sequence which was removed and for which the Flight Attendant is now legal and available to fly, but which is no longer available to be reinstated, the Flight Attendant will be held available on any day(s) originally scheduled to fly and the Flight Attendant's sick bank will not be charged for the hours of the original trip sequence(s) nor any available day(s). The Flight Attendant's applicable monthly guarantee will be protected provided s/he adheres to the requirements of Flight Attendants with availability obligations.

(3) Notwithstanding (2) above, if a Flight Attendant clears the sick list after availability assignments have been awarded, the sick bank for the Flight Attendant will be charged for the hours of the original removed trip sequence and no available days will be placed on her/his activity record for such trip sequence only.

3. Tentative Clearance Date. Any portion of a planned period of absence not indicated as "firm" will be considered tentative. Each trip sequence scheduled to operate during any portion of a tentative planned period of absence will be released into open time on the day prior to each such trip sequence at the time mutually agreed to by the APFA and the Company for such release.

4. Contact Number. The Flight Attendant will also provide a contact number which may be used by the Company for administrative purposes or to request a medical certificate. A Flight Attendant will not be required to obtain permission to leave his/her contact number. Furthermore, a Flight Attendant will not be disciplined solely for being unavailable at his/her contact number.

137

I. MEDICAL CERTIFICATE

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:

  1. Date(s) treatment received,
  2. Diagnosis of illness or injury in medical terms,
  3. 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.

138

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.

139

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.

140

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.

Click here to download the flyer app.
Follow us on facebook, twitter and YouTube.
Click here for National Officers elections information.
Click here for the latest issue of Skyword Express.
HOTLINE
800.399.2732
Click here to read the latest HotLine.
APFA Supports
Our sister Unions