SECTION 15
SICK LEAVE
Upon submission of satisfactory proof of illness or injury, all Flight Attendants under this Agreement shall receive sick leave benefits as outlined in this Section.
A. Illness or Injury Notification
A Flight Attendant who must be absent due to illness or injury shall report such absence to a Company designated contact. The Flight Attendant shall only be required to initiate one (1) contact to drop a conflicting pattern(s) or duty period(s). He/She may be required to initiate further contact with his/her Flight Attendant Manager to clarify the specific status of the absence.
B. Sick Leave Accrual
1. Monthly Rate of Accrual
A Flight Attendant shall accrue three hours (3:00) of sick leave credit for each full month of service as a Flight Attendant under this Agreement.
2. Maximum Accrual
No sick leave credit shall accrue to a Flight Attendant who has a total sick leave credit accrual of one thousand two hundred hours (1200:00). Effective with the date of signing of this Agreement, any Flight Attendant with a sick leave credit accrual in excess of one thousand two hundred hours (1200:00) shall retain his/her sick leave credit and may use such credit pursuant to Section 15 and all applicable Sections of this Agreement. Such Flight Attendant shall not accrue additional sick leave credit until his/her total accrued sick leave credit has fallen below one thousand two hundred hours (1200:00).
3. Other Employment with the Company
The days or fractions of days of sick leave of Flight Attendants who have accrued sick leave credit expressed in days through other employment with the Company shall be converted to hours and nearest twelfths thereof by multiplying by two and six-tenths (2.6).
4. Furloughs and Extended Leaves of Absence
A Flight Attendant who is furloughed because of a reduction in force shall retain intact sick leave credit accrued to the date of furlough which shall be maintained for the Flight Attendant for a maximum of sixty (60) months. If such Flight Attendant returns to the service of the Company within that period, the sick leave credit which he/she shall then begin to earn shall be added to such previously accrued sick leave credit. If such Flight Attendant does not return to the service of the Company within the sixty (60) month period the accrued sick leave credit shall be cancelled, and if he/she returns subsequently his/her sick leave credit shall begin to accrue as of the date of his/her return. A Flight Attendant on extended leave of absence shall retain all accrued sick leave credit.
5. Resignations, Discharges and Rehires
A Flight Attendant who resigns or is discharged and subsequently rehired, with a break in service, shall receive no credit for service performed previous to the date of rehire. In all cases accrual of sick leave credit shall terminate with the last day of service with the Company.
6. Prorating of Sick Leave Credit Accrual
A Flight Attendant whose actual credited hours in a month are less than seventy hours (70:00) shall have his/her monthly sick accrual reduced in proportion to the percentage his/her actual credited hours are less than seventy hours (70:00), rounded up to the nearest minute. For example:
a. Assume a Flight Attendant's monthly actual credited hours are thirty-five hours (35:00);
b. Thirty-five hours (35:00) is fifty percent (50%) of seventy hours (70:00);
c. The Flight Attendant shall accrue one hour and thirty minutes (1:30) of sick credit for the month equal to fifty percent (50%) of the monthly maximum of three hours (3:00).
C. Use of Sick Leave Accrual
A Flight Attendant who is unable to perform his/her regular duties because of personal illness or injury shall draw against his/her sick leave credit as provided herein.
1. End of Month Accounting
Charges against sick leave accrual shall be determined at the end of the month during which paid sick leave is claimed.
2. Sick Pay Credit for Line Holders
Subject to subparagraph C.5., below, a Flight Attendant holding a Regular line and who is unavailable for duty because of personal illness or injury shall be entitled to receive sick pay credit at seventy-five percent (75%) pay for the first twenty-eight hours (28:00) of scheduled credited time dropped during each sick occurrence, to the extent of his/her sick leave accrual. Hours in excess of the first twenty-eight hours (28:00) dropped during a sick occurrence, shall be paid at one hundred percent (100%) sick pay credit, to the extent of his/her sick leave accrual. The following shall also apply:
a. His/Her sick bank accrual shall be reduced by one hundred percent (100%) for all hours paid from his/her sick bank during a sick occurrence whether paid at seventy-five percent (75%) or one hundred percent (100%).
b. He/She shall be credited one hundred percent (100%) towards his/her monthly maximum for the scheduled credited time of the pattern(s) missed whether paid at seventy-five percent (75%) or one hundred percent (100%).
c. For purposes of this calculation, a sick occurrence shall begin on the date the Flight Attendant first misses a duty assignment due to his/her illness or injury and shall continue until he/she returns to active Flight Attendant status.
NOTE: Beginning July 31, 2007, sick pay shall be paid and debited at one hundred percent (100%).
3. Sick Pay Credit for Reserves and Time Available Flight Attendants
Subject to paragraph C.5., below, a Flight Attendant holding a Reserve line or a Flight Attendant on time available status shall be entitled to receive sick pay credit of seventy-five percent (75%) for the first twenty-eight hours (28:00) of minimum duty credit for each day not available for duty because of personal illness or injury, excluding days off, to the extent of his/her sick leave accrual. The following shall apply:
a. His/Her sick bank accrual shall be reduced by one hundred percent (100%) for all hours paid from his/her sick bank during a sick occurrence whether paid at seventy-five percent (75%) or one hundred percent (100%).
b. He/She shall be credited one hundred percent (100%) towards his/her monthly maximum for the minimum duty credit associated with the reserve on-duty day(s) or time available day(s) not available for duty because of personal illness or injury whether paid at seventy-five percent (75%) or one hundred percent (100%).
c. For purposes of this calculation, a sick occurrence shall begin on the date the Flight Attendant first misses a duty assignment due to his/her illness or injury and shall continue until he/she returns to active Flight Attendant status.
d. His/Her reserve guarantee entitlement shall be reduced by four hours and fifteen minutes (4:15) for each on-duty period missed due to his/her illness or injury. If the Reserve Flight Attendant does not serve any on-duty periods during a month, he/she shall not be entitled to any Reserve guarantee.
Exception: A Flight Attendant holding a Reserve line or a Flight Attendant on time available status who is contacted to fly or who has been contacted and assigned to fly a pattern(s) shall receive sick pay credit as noted in paragraph C.2., above.
NOTE: Beginning July 31, 2007, sick pay shall be paid and debited at one hundred percent (100%).
4. Sick Pay Credit for Full Month Illness/Injury/Medical Leaves
When a Flight Attendant is not available for duty on account of personal illness or injury for an entire month, he/she shall be entitled to elect to receive sick pay credit from fifty hours (50:00) to one hundred hours (100:00), in whole hour increments, to the extent of his/her sick leave accrual. Once such election is made, it may not be changed during the period of that sick leave.
5. Calculation of Sick Hours to be Charged and Paid
If the sum of the hours of sick pay credit as determined above and the Flight Attendant's other credited pay time for the month (excluding training pay credit) exceeds the monthly maximum, then the number of sick leave hours to be charged and paid (to the extent of his/her accrual) shall be equal to the amount of positive difference (if any) computed by subtracting such other credited pay time from the monthly maximum.
6. Maternity Sick Leave Usage
A Flight Attendant who is medically disabled from performing Flight Attendant duties due to her pregnancy may use her accrued sick leave on the same basis as other Flight Attendants who are medically disabled. (See Section 18.C.)7. Use of Sick Leave Accrual Following Medical Leave
Except as provided in subparagraph C.9., below, a Flight Attendant who is granted a medical leave of absence without first exhausting his/her sick leave accrual cannot, once the leave begins, use any sick leave accrual until he/she has once again returned to active duty.
8. Requests for Open Flying Awards
Upon return to duty at his/her base station from personal illness or injury, a Flight Attendant may advise the Company via CENTRY, or the designated automated system, of his/her desire to be awarded open flying in addition to his/her scheduled pattern(s). Such Flight Attendants shall be awarded open flying, in seniority order, in accordance with the provisions of Section 6.K. of this Agreement.
9. Return to Active Status from Non-Pay Status
A Flight Attendant on non-pay status who but for his/her medical disability would be entitled to be returned to active duty shall be returned to paid sick leave status to the extent of his/her sick leave accrual, provided that the Flight Attendant completes at least one (1) trip hour period of active duty during the month for which paid sick leave is claimed.
10. Sick Leave Pay and Credit for Carry-Out Patterns
a. With respect to a pattern operating over the end of the month, sick leave pay shall be computed on the basis of seventy-five percent (75%) pay for the first twenty-eight hours (28:00) of scheduled credited time of that portion of the pattern scheduled to operate in the current month and dropped during the sick occurrence, to the extent of his/her sick leave accrual. Hours in excess of twenty-eight hours (28:00) dropped during the sick occurrence, from that portion of the pattern that operates in the current month, shall be paid at one hundred percent (100%) sick pay credit, to the extent of his/her sick leave accrual.
b. With respect to the portion of a pattern scheduled to operate in the second (2nd) month, Regular Flight Attendants shall choose one (1) of the following options:
(1)Receive seventy-five percent (75%) and/or one hundred percent (100%) sick leave pay, as applicable, and one hundred percent (100%) credit for that portion of the pattern scheduled to operate in the second (2nd) month;
(2)Receive no sick leave pay or credit for that portion of the pattern scheduled to operate in the second (2nd) month, provided that the Flight Attendant's remaining scheduled credited time in such month is at least his/her monthly minimum;
(3)Receive seventy-five percent (75%) and/or one hundred percent (100%), as applicable, of four hours and fifteen minutes (4:15) of sick leave pay and one hundred percent (100%) credit for each day the pattern was scheduled to operate in the second (2nd) month, provided such sick leave credit when combined with all other credited time in the second (2nd) month totals at least his/her monthly minimum; or
(4)Receive no sick leave pay or credit in the second (2nd) month and remain time available daily until the pattern(s) assigned, combined with all other credited time in the second (2nd) month, totals at least his/her monthly minimum.
c. In the case of a Reserve Flight Attendant, the Reserve line awarded to the Flight Attendant for the second (2nd) month shall retain its identity as bid. Should the Flight Attendant remain unavailable for duty due to his/her personal medical disability, he/she shall be required to specifically notify Crew Scheduling of his/her unavailability for the given duty obligation in the second (2nd) month.
NOTE: Beginning July 31, 2007, sick pay shall be paid and debited at one hundred percent (100%).
11. Sick Leave Credit Exhausted
If a Flight Attendant has no sick leave credit, or exhausts such credit, he/she shall be considered to be off payroll but shall receive payment for any credited hours accumulated in that month in accordance with Section 3.L.
12. Suddenly Sick
If a Flight Attendant calls in sick two hours (2:00) or less before his/her scheduled departure, the following shall apply:
a. Crew Scheduling shall enter an “SS” code in CMS. The “SS” code shall have zero value.
b. In order to receive credit for the sick call, the Flight Attendant shall be instructed to contact a Flight Attendant Manager. The Manager shall be the only person with the authority to convert the “SS” code to a “SK” code.
c. A time available indicator shall be added to the next day, where applicable. If the sick call is resolved with a Flight Attendant Manager and credit is added, the time available indicator shall be removed.
D. Circumstances Requiring Medical Documentation
The following provisions shall apply to doctor’s excuses:1. Number of Sick Incidents in a Twelve (12) Month Period
At the Company’s option, each time a Flight Attendant exceeds three (3) sick incidents during any twelve (12) month period of service he/she may be required to present to his/her Flight Attendant Manager a doctor's excuse from an accredited medical doctor, chiropractor, physician’s assistant or nurse practitioner that he/she was unable to perform his/her regular duties because of personal illness or injury prior to being allowed to return to active flight status or claim paid sick leave, unless this requirement is waived in writing by a Flight Attendant Manager.
2. Circumstances which May Require a Doctor’s Excuse
The Company may require a Flight Attendant to provide a doctor's excuse of an incapacitating illness or injury from an accredited medical doctor, chiropractor, physician’s assistant or nurse practitioner when circumstances suggest that abuse or misuse of the sick leave benefit has occurred. Application of this provision shall be on an individual basis and shall take into consideration the individual circumstances of each Flight Attendant.
3. Contents of Doctor’s Excuse
When a Flight Attendant is required to present a doctor's excuse under either subparagraph D.1. or D.2., above, such report shall include the following:
a. A general statement of the nature of the illness or injury. This statement need only be a brief general description of the disabling condition. No detailed description of symptoms or treatment is required.
b. A statement that the Flight Attendant was unable to perform his/her duties on the day he/she was scheduled to fly because of personal illness or injury.
c. The signature of a duly-licensed medical doctor, chiropractor, physician’s assistant or nurse practitioner.
4. Submission of the Doctor’s Excuse to Inflight Services Staff
The Flight Attendant is responsible for ensuring that the doctor’s excuse is received by a member of the Inflight Services staff not later than two hours and forty-five minutes (2:45) prior to his/her next scheduled departure. As the only alternative to actual delivery to an Inflight Services staff member in advance of this time limit, the following three (3) part method of presentation is acceptable:
a. The Flight Attendant telephones the text of the doctor’s excuse to a Flight Attendant Manager during normal office hours and in advance of the two hour and forty-five minute (2:45) time limit; and
b. The Flight Attendant Manager advises the Flight Attendant that the text of the doctor’s excuse is satisfactory; and
c. The Flight Attendant personally delivers the actual doctor’s excuse to an Inflight Services staff member not later than his/her scheduled report time.
5. Timeframe to Secure Doctor’s Excuse
The Flight Attendant must actually be seen by the medical doctor, chiropractor, physician’s assistant or nurse practitioner in a timely manner and the doctor’s excuse must be prepared and signed by the doctor. “Timely manner” as used herein shall have the following meaning:
a. For trips lasting three (3) days or more, on a day that the trip for which the Flight Attendant calls in sick operates;
b. For trips lasting less than three (3) days, no later than two (2) days after the date of the sick call;
c. When the sick call occurs on a Friday and circumstances prevent the Flight Attendant from seeing the doctor on Friday, no later than the following Monday or Tuesday when Monday is a holiday.
6. Excuse Prepared by Chiropractor
When a Flight Attendant presents a doctor’s excuse prepared by a chiropractor the following additional conditions shall apply:
a. The disabling illness or injury must be a pre-existing condition which has been diagnosed by a medical doctor. The Flight Attendant shall submit the medical doctor’s diagnosis with his/her chiropractor’s excuse.
b. The chiropractor who is issuing the doctor’s excuse must have treated the Flight Attendant prior to the disabling illness in issue, and so state in the doctor’s excuse.
c. The disabling illness must involve the spinal column and the chiropractor’s doctor’s excuse must so state.
E. Monthly Accounting
The Company shall issue each Flight Attendant a monthly account of his/her unused/used sick leave accrual.
F. Downline Sickness or Injury
1. When a Flight Attendant becomes sick or injured while away from his/her base, he/she shall be issued Y1 travel authority to return to his/her base or, at the Flight Attendant’s option, to return to his/her residence. Such Flight Attendant, who by reason of the operational needs of the Company is not returned to his/her base as soon as possible, shall continue to accrue trip hour credit until such time as he/she is, or could have been, returned to his/her base.
2. Hospitalization
A Flight Attendant engaged in international flying who becomes sick or injured as a result of having been outside of the United States on Company business, due to causes related to his/her occupation or the living and health conditions peculiar to the countries in which he/she performed services, shall be properly hospitalized at Company expense. When the sickness or injury necessitates treatment or convalescence in the United States, such Flight Attendant shall be returned to the United States by the Company. This provision shall apply to recurrences of the same sickness or injury so long as the Flight Attendant shall remain an employee of the Company.
G. English Speaking Doctor
At each international layover station the Company shall attempt to identify at least one (1) English-speaking doctor whose name(s) and telephone contact(s) shall be maintained with the Crew Scheduling Department.
H. Bereavement Leave
In case of death of his/her spouse, registered Domestic Partner, child, parent, sister, brother, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparent, grandparent of a spouse; or child, sister, brother, mother, father or grandparent of a registered Domestic Partner, a Flight Attendant shall, upon request, receive up to three (3) consecutive days free from duty, one (1) day of which must be the date of death or the date of the funeral. The Flight Attendant shall, upon request, receive pay time and credit time for pattern(s) missed. Such time shall be charged against his/her sick leave account.
NOTE: References in paragraph H., above, to “child” and “parent” include biological, adoptive, step or foster children and parents.