12.23.19 – What You Need to Know About Intermittent FMLA

Monday, December 23, 2019

What You Need to Know About Intermittent FMLA

Navigating This Hotline



You may download this guide to your personal device by following this link.

 

Duration & Frequency of FMLA

The duration and frequency of self/caregiver intermittent FMLA leave is only an estimate based on your physician’s recommendation.

If the duration of a trip exceeds the duration of your intermittent leave as designated by your physician, your absence can still be recoded as FMLA.

Example 1:
Your intermittent FMLA leave is designated as up to 2 episodes per month, lasting up to 2 days per episode. On the 13th of the month, you are scheduled for a 3-day trip and you need to call out sick because of the condition covered under that leave. Although the FMLA is designated as lasting only 2 days per episode, it caused you to miss all 3 days of your trip. If requested to recode, and you do not “call in well” and pick up more flying, all 3 days will be re-coded as FMLA.

Later that month on the 22nd, you are scheduled for a 4-day trip and you need to call out sick again because of the condition covered under the same intermittent FMLA. Although the leave is designated as lasting only 2 days per episode, it caused you to miss all 4 days of this trip. If requested to recode, and you do not “call in well” and pick up more flying, all 4 days will be re-coded as FMLA.

Example 2:
Your intermittent FMLA leave is designated as up to 1 episode per month, lasting up to 2 days per episode. On the 13th of the month, you are scheduled for a 3-day trip and you need to call out sick because of the condition covered under that leave. Although the FMLA is designated as lasting only 2 days per episode, it caused you to miss all 3 days of your trip. If requested to recode, and you do not “call in well” and pick up more flying, all 3 days will be re-coded as FMLA.

Later that month on the 22nd, you are scheduled for a 4-day trip and you need to call out sick again because of the condition covered under the same intermittent FMLA. Although the leave is designated as lasting up to 1 episode and only 2 days per episode, it caused you to miss all 4 days of this trip. If requested to recode, and you do not “call in well” and pick up more flying, all 4 days will be re-coded as FMLA.

 

Changes to Intermittent FMLA


If the frequency and/or duration of your episodes significantly change from what was originally designated by your physician, you should visit your physician again to ensure that your FMLA is properly capturing your need for intermittent FMLA. You must be available 15 days or more in a contractual month to be eligible to accrue Sick and Vacation.

 

When is FMLA Considered Paid or Unpaid?


If FMLA is for yourself your absence will be re-coded as “IS” in FOS to reflect “Self-Intermittent Paid FMLA” for the portion paid from your sick bank.

If you do not have enough sick time available in your sick bank, your sick call will be re-coded as “MF” in FOS to reflect “Self-Intermittent Unpaid FMLA” for the unpaid portion from your sick bank.

 

How are Vacation Days Used for Intermittent FMLA?


(JCBA Section 25.F.2.)

FMLA for Self

If your FMLA is for yourself and you do not have enough sick time available in your sick bank, at your option, you may use vacation and/or filler days for pay purposes. Your absence will be re-coded as IV in FOS to reflect “Self-Intermittent FMLA Vacation” for the unpaid portion from your sick bank. You will need to let the Flight Attendant Service Center (FASC) know which vacation and/or filler day(s) you want to use. You must exhaust your sick bank prior to using any vacation and/or filler days.

“Caregiver” FMLA for a Family Member

If your FMLA is “caregiver” for a family member, your vacation and/or filler days will be used, your absence will be re-coded as “IV” in FOS to reflect “Caregiver-Intermittent FMLA Vacation”. You will need to let the FASC know which vacation and/or filler day(s) you want to use.

If your FMLA is “caregiver” for a family member, and you don’t have enough vacation days, your absence will be re-coded as “MF” in FOS to reflect “Caregiver-Intermittent FMLA Unpaid”.

Vacation days bid in the annual vacation process in blocks of seven (7) or more consecutive days will be paid and credited at four (4) hours per day at your current rate of pay. Vacation days in blocks of less than seven (7) consecutive days will be paid and credited at three and one-half (3.5) hours per day. Vacation days used for FMLA will be paid and credited based on your longevity at the time the vacation days are utilized. *

*Vacation pay for FMLA should be based on original block bid – Presidential Grievance Pending

 

FMLA and the Flight Service Attendance Policy


Attendance points will not be generated for days covered by FMLA.

If a banked point was used to mitigate a point generated by a sick absence, the banked point will be restored overnight after the absence is re-coded as FMLA.
ODANs, All-Nighter Turns, Double-Ups & Multiple Sequences


If you are scheduled to fly multiple sequences in one day, you call out sick for one of the sequences, and you plan to recode the absence with FMLA, the FASC will wait until all legs of your sequences have originated before recoding your absence.

Example:
You are scheduled to fly sequence 12345 which reports at 2140 HBT on the 9th of the month and releases at 0500 HBT on the 10th. You are scheduled an ODAN (sequence 54321) reporting at 2300 HBT on the 10th and releases at 0500 HBT on the 11th. You called out sick for sequence 12345 and on the morning of the 10th, requested a recode for that sequence.

The FASC will notate the call and advise you that they will process the recode when all legs of the sequence departing the evening of the 10th are completed to preserve the second sequence.

 

How to Call Out Sick for an FMLA Covered Illness


FMLA for Yourself
Contact Crew Schedule to call out sick for a sequence, standby, or reserve day of availability prior to calling the FASC for a recode.

“Caregiver” FMLA for a Family Member
Contact the FASC as far out in advance as possible to be removed from your sequence so that your absence may be coded to IV or FM.

Should your needs be unforeseeable and the FASC is closed, you should request a Personal Day (PO) from Crew Schedule. If Crew Schedule denies the PO, and you still need the day off, contact your FSM or a MOD at your based to request the Personal Day. After the PO is granted, contact the FASC within 48-hours of your return to work date to have the PO recoded as FMLA.

 

Calling In Well for FMLA Absences


With a valid FMLA designation on file and FMLA days available, you may call-in-well to the Flight Attendant Service Center. However, the time you notify the FASC ultimately determines your ability to Call-In-Well (CIW).

You must call the FASC between 0001 to 1430 HBT the day before you intend to be made available. The deadline to request to CIW is 1430 HBT.

You are unable to call in well and fly the same day.

If you call the FASC at 1530 HBT or 1802 HBT and leave a voicemail, the company has stated you would be ineligible to be made available for the following day, but depending on the duration of your sequence, you may be made available for 2 days out.

Example:
You are on a 3-day sequence beginning, Monday the 28th, reporting at 2050. You contact crew scheduling at 1900 to call out sick.

You immediately call the FASC to recode your absence to intermittent FMLA.

Since the FASC is closed at 1800, you leave a voicemail requesting to recode your absence to your FMLA case on file and requests to call in well for the next day (30th) and the following day the (31st).

In this example, you are not administratively eligible to be made available tomorrow as you missed the cut off time of 1430 HBT to be made available the following day. However, a FASC Representative will call you back in the morning explaining they were unable to make you available on the 30th as your request was past the 1430 HBT request deadline, but they will make you available the 31st.

Lineholders (JCBA Section 9.D.1.c.)

    • You may call in well at any time to pick up a sequence via TTS/UBL on days other than the first day of the sequence you called in sick.
    • If you call out sick for a trip over a weekend or holiday, and you call in well, you will not be restricted to the same number of weekend days. You will only need to pick up a trip that includes at least a weekend day or a holiday.

Reserves (JCBA Section 9.D.2.d.)

    • You must notify Crew Scheduling prior to 1430 HBT on the day prior to the RSV day to be available for ROTA processing.
    • If you notify Crew Scheduling after 1430 HBT the day prior, Crew Scheduling will not provide consent for the following day but may provide consent for 2 days out. You will be charged sick for the following day and will not be available to the company.
    • If you call in well, you may pick-up sequences via ETB for a future date.

 

How to Recode a Sick Absence


If you call out sick for a sequence, standby or reserve day, contact the Flight Attendant Service Center (FASC) within 2 days of returning to work from that absence.

Consider calling the FASC immediately after you call scheduling to recode your absence. 

You may reach the FASC to recode via the following 2 methods:

  1. Call 800-VIP-CREW, press #, then press 6 followed by one of the options below:
    • Press 1 – For Training
    • Press 2 – For Absence Recording (Including FMLA) 
    • Press 3 – For Administration
  2. Send an email to the following addresses:

 

FMLA Utilization and Administrative Eligibility Hours


You may view your current FMLA utilization and eligibility hours in the MyView Section on the Flight Service Website.

Total Days Used 
The number of FMLA days you have used towards the annual allotment of 72 days.

FMLA Eligible Hours
Eligibility hours are calculated in a rolling 12-month period with the current month’s eligibility hours reflecting through the end of the previous month.

Example: 
November 2019 eligibility hours are a sum of November 2018 through the end of contractual October 2019.

On Duty Hours are calculated using the following: 

  • All time from sign-in to debrief for each day of a sequence, including sit time between flights.
  • Layover time is not counted.
  • Only actual time worked is included – not the greater of scheduled or actual.
  • 8:00 (eight hours) is credited for each day of training.
  • 4:10 (four hours and ten minutes) is credited for each RSV day of availability on which you are obligated to the company but does no flying.
  • Scheduled time (sign-in to debrief) for each trip removal for AP/UJ (APFA Removals).
  • FA on Special Assignment will receive 6:00 (six hours).

Voluntary Leaves of Absence (VLOA) will reduce your On-Duty Hours (ODH) as there are no hours worked during those periods.

While you still accrue sick and vacation hours while on a VLOA, the required 504 FMLA eligibility hours are not dependent on sick and vacation accrual.

 

FMLA Medical Eligibility


For information pertaining to the medical portion of FMLA, please reach out to the APFA Health Department and visit the “Leaves” section of JetNet.


Additional information regarding intermittent FMLA can be found in Section 9 & Section 25 of the JCBA or you may email deskreps@apfa.org.


In Unity,

Erik Harris
APFA National Contract Chair

1004 West Euless Boulevard
Euless, Texas 76040

Phone: (817) 540-0108
Fax: (817) 540-2077

 

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