SECTION 18
LEAVES OF ABSENCE
A. Convenience Leaves of Absence
When the requirements of service permit, a Flight Attendant may be granted a convenience leave. The number and duration of such leaves shall be determined by the Company. An estimate of the number of convenience leaves available by base shall be posted by the Company prior to the deadline for submission of bids.
1. Order of Award
Convenience leaves shall be granted in seniority order within each base except that the Company may elect to award longer duration convenience leaves prior to any shorter duration convenience leaves. In the event that such leaves remain available following the established leave deadline, such leaves shall be granted on a first come, first served basis.
2. Cancellation of Convenience Leaves of Absence
The determination for the cancellation of a convenience leave shall be made as follows:
a. Non-cancellable convenience leaves.
Convenience leaves of six (6) months or more in duration shall not be subject to cancellation by either the Company or the Flight Attendant except as provided in subparagraphs 2.c., 3.e. and 3.f., below.
b. Cancellable Convenience Leaves
Convenience leaves of less than six (6) months in duration may be subject to cancellation by the Company with thirty (30) calendar days advance notification. Such cancellations shall be first (1st) offered in seniority order, then forced in reverse seniority order. A Flight Attendant may not cancel except as provided in subparagraph 2.c., below.
c. At a Flight Attendant's request, the Union and the Company may mutually agree to cancel the leave due to circumstances that would cause the Flight Attendant a hardship.
3. Eligibility
In order to be eligible for a convenience leave, a Flight Attendant must be projected to be available for active flight status on the date the leave is scheduled to commence and shall provide appropriate documentation prior to the time such leave is to be awarded. The following provisions shall also apply:
a. A Flight Attendant who is currently on a non-cancellable convenience leave shall be eligible for a subsequent convenience leave should the first (1st) leave overlap the commencement of the second (2nd) leave only if all other requests have been awarded and additional leaves are still available.
b. A Flight Attendant who is on a cancellable convenience leave shall be eligible for a subsequent convenience leave regardless of whether the leaves overlap.
c. A Flight Attendant on a medical disability, maternity, military or union leave shall be eligible for a convenience leave provided he/she is projected to be available for active flight status on the date the convenience leave is scheduled to commence.
d. A Flight Attendant who is not qualified to fly due to a lapse in government mandated training qualifications shall not be eligible to bid for or be awarded a convenience leave until he/she has successfully requalified.
e. If a Flight Attendant on a convenience leave, whether cancellable or non-cancellable, allows his/her government mandated training qualifications to lapse, the Company may, with the Union’s approval, cancel the remainder of his/her convenience leave and assign him/her to a requalification class.
f. If a Flight Attendant on a convenience leave, whether cancellable or non-cancellable, is awarded Long Term Disability (LTD) and/or Worker’s Compensation benefits during the term of the convenience leave, his/her convenience leave shall be cancelled retroactively to the first (1st) flying day of the month following the LTD effective date or date from which Worker’s Compensation is deemed compensable, subject to the following:
(1) When a Flight Attendant has been cleared to return to active status after receiving LTD or Workers’ Compensation benefits, he/she shall be permitted to return to the remainder of his/her company convenience leave.
(2) If the original convenience leave was non-cancellable, the remainder of the leave shall be non-cancellable regardless of how much time is left in the leave.
4. Seniority Accrual
A Flight Attendant shall continue to retain and accrue seniority while on a convenience leave.
5. Leaves in Lieu of Furloughs
When the Company solicits long term leaves in lieu of furloughs or to recall Flight Attendants who are on furlough, Flight Attendants who are granted such leaves shall continue to be eligible for online pass and reduced rate travel privileges for the duration of such leaves.
B. Medical Disability Leaves of Absence
1. Doctors’ Reports
A Flight Attendant requesting a medical leave of absence or extension thereof on the basis that he/she is or will be unable to work due to his/her medical disability may be required to support the request with a doctor’s report satisfactory to the Company which confirms the Flight Attendant's inability to work due to such disability and its anticipated duration. Additional reports may be required by the Company (but not more often than each thirty (30) days) to periodically reconfirm the Flight Attendant's medical disability. Failure to submit such required report shall result in the cancellation of the leave of absence.
2. Seniority Retention
A Flight Attendant shall continue to retain and accrue seniority during the period of a leave for his/her medical disability.
3. Maximum Duration
In no case shall a medical disability leave exceed a total continuous period of five (5) years. For the purposes of this paragraph, a period shall be considered continuous until the Flight Attendant:
a. Has returned to active flight status for a minimum of three (3) months; and
b. Has earned at least one hundred and fifty hours (150:00) of flight credit in accordance with Sections 5.A.1. and 5.B.1. of this Agreement, during his/her return to active flight status in any consecutive three (3) month period.
4. Return to Duty
a. A Flight Attendant desiring to return to duty upon expiration of his/her medical disability leave shall, in accordance with his/her seniority, be permitted to return to his/her former status and base.
b. As a condition precedent to returning to duty from medical disability leave, a Flight Attendant may be required to present a doctor’s statement verifying that he/she is medically fit to perform all required Flight Attendant duties.
C. Maternity Leave of Absence
1. Prior to Delivery
a. A Flight Attendant who is pregnant but remains medically fit to perform her Flight Attendant duties may request and shall be granted an unpaid maternity leave of absence of not less than thirty (30) days in duration.
b. Such Flight Attendant may return to work following such unpaid maternity leave upon providing medical verification that she is fit to perform her Flight Attendant duties.
c. A Flight Attendant who returns to work following an unpaid maternity leave of absence granted in accordance with subparagraph 1.a., above, may request an additional unpaid maternity leave of not less than thirty (30) days. However, such Flight Attendant shall not be returned to active flight status following the second (2nd) unpaid maternity leave for the duration of her pregnancy. In addition, once such leave begins, a Flight Attendant on maternity leave may not use any sick leave accrual until she has once again returned to active flight status as provided in Section 15.C. of this Agreement.
2. Doctor’s Approval to Fly
A Flight Attendant who desires to continue to fly after the first twenty-seven (27) weeks of pregnancy shall provide the Company with a written monthly approval statement from her personal doctor.
3. Medically Disabled
a. If at any time during her pregnancy, a Flight Attendant’s personal doctor determines that it is not medically advisable for her to continue to perform her Flight Attendant duties, she may use accrued sick leave on the same basis as other Flight Attendants who are medically disabled.
b. A Flight Attendant who is entitled to utilize sick leave under the provisions of subparagraphs C.3.a. and C.4.a. of this Section may elect to use her accrued sick leave as described in Section 15 of this Agreement.
c. A Flight Attendant who elects to utilize sick leave under the provisions of subparagraph C.3.b., above, shall not be required to exhaust her sick leave accrual. However, once the Flight Attendant elects to be placed on an unpaid maternity leave of absence, such Flight Attendant may not use any additional sick leave accrual until she has once again returned to active flight status as provided in Section 15.C. of this Agreement.
1. Following Delivery
a. A Flight Attendant shall at her option be presumed to be medically disabled for a minimum of six (6) weeks following the birth of a child. This period of disability shall be extended beyond six (6) weeks if, in the opinion of the Flight Attendant's doctor, the Flight Attendant remains medically unable to perform her Flight Attendant duties. During the period of disability following childbirth, the Flight Attendant may use accrued sick leave on the same basis as other Flight Attendants who are medically disabled, or be placed or remain on medical leave.
b. Following the birth of a child, and following the period of medical disability associated with childbirth, a Flight Attendant may request and shall be granted an unpaid maternity leave of absence which, together with her medical disability leave of absence, shall not exceed six (6) months following delivery.
D. Family and Medical Leave Act of 1993 (FMLA)
Flight Attendants shall be afforded the provisions of the Family and Medical Leave Act of 1993 for the duration of the Act, as those provisions apply to Northwest Airlines. With respect to the provisions of the Act regarding hours of employment in the twelve (12) month period preceding the requested leave, it is agreed that five hundred and sixty-eight credited hours (568:00) earned by a Flight Attendant in such twelve (12) month period, including hours credited for sick leave or vacation, shall equate to the minimum hours of employment required by the Act.
E. Parental Leaves of Absence
1. For Adoption
A Flight Attendant who adopts a child may request and shall be granted an unpaid leave of absence for a period not to exceed ninety (90) days from the date of the adoption. To the extent possible, the Flight Attendant shall give the Company thirty (30) days notice prior to the commencement of such leave.
2. For Biological Newborn Child – Male Flight Attendant
When a male Flight Attendant desires to remain at home with his biological newborn child, he may request and shall be granted an unpaid leave of absence for a period not to exceed ninety (90) days from the date of delivery. To the extent possible, the Flight Attendant shall give the Company thirty (30) days notice prior to the commencement of such leave.
3. Seniority Retention
A Flight Attendant shall continue to retain and accrue seniority while on a parental leave of absence.
4. Parental FMLA
Parental leaves of absence granted under the provisions of this Section shall also be granted under the provisions of paragraph D. of this Section when applicable and shall be charged against the Flight Attendant’s remaining FMLA benefits.
D. Military Leaves of Absence
1. Entitlement
Upon written request, a Flight Attendant shall be granted military leave, without pay, as provided in Title 38, Chapter 43, sections 4301-4333 of the Uniformed Services Employment and Reemployment Rights Act, as amended.
2. Rights Upon Return
Upon return to active flight status, reemployment rights and benefits shall be governed by and limited to the protection afforded in Title 38, Chapter 43, sections 4301-4333 of the Uniformed Services Employment and Reemployment Rights Act, as amended.
3. Notification to the Company
A Flight Attendant requesting leave of absence under this paragraph F. for a weekend drill, annual service requirement or other military leave, as soon as his/her military obligations become known to him/her, shall request such leave on a form provided by the Company.
4. Availability Upon Return
For the purpose of determining a Flight Attendant’s availability requirement the following shall apply:
a. If the Flight Attendant notifies the Company prior to the monthly bid deadline that he/she is scheduled by the military to be on an approved military leave of absence, he/she shall receive credit equal to three hours and twenty minutes (3:20) per day for each day in the month he/she is scheduled on military leave of absence.
b. Following the monthly bid deadline, a military leave that requires the removal of a pattern shall be credited with the value of the pattern dropped. A reserve on-duty period removed to accommodate a military leave shall be credited with a minimum duty credit of four hours and fifteen minutes (4:15) for each on-duty day removed.
c. The Flight Attendant shall have the option to make up such military leave in accordance with Section 6.K. of this Agreement.
5. Deployment Leave of Absence
a. A Flight Attendant who has a spouse, registered Domestic Partner, sibling, child (biological, adopted or step-child) or parent who:
(1) Is in the Armed Forces of the United States or has been called to active duty in the Armed Forces of the United States; and
(2) Has been notified of his/her deployment to an overseas posting,
shall, upon written request with proof of deployment, be granted up to seven (7) consecutive days of unpaid, non-accountable, leave of absence, one (1) day of which must be the date of deployment.
b. A Flight Attendant, whose spouse or Domestic Partner is deployed to active combat duty in an overseas theatre operation of war, may request and be granted an unpaid, non-accountable, leave of absence for the duration of the assignment. The Company may require documentation of such deployment prior to granting the leave of absence.
G. Jury Duty
1. Notification to the Company
In order to qualify for jury duty pay, a Flight Attendant shall be required to promptly notify the Company by presenting a copy of the summons or other document to the Company. The Flight Attendant shall not be required to perform any duty with the Company from the time he/she reports to jury duty until all obligations under the summons are satisfied.
2. Pay and Credit for Jury Duty
a. A Flight Attendant who due to his/her jury duty service loses a scheduled pattern or portion thereof and who has fulfilled the conditions of subparagraph G.1., above, shall:
(1) Receive pay and credit for the scheduled value of any pattern(s) that operate(s) wholly within the period of jury duty;
(2) Receive minimum duty period pay and credit of four hours and fifteen minutes (4:15) for each day of a pattern that partially falls within the period of jury duty; and/or
(3) Be guaranteed pay and credit for the scheduled time of such pattern(s) missed, but shall be subject to time available provisions, in accordance with Section 6.H. of this Agreement.
b. A Reserve Flight Attendant, who has fulfilled the conditions of subparagraph G.1., above, shall be guaranteed pay and credit of minimum duty period pay and credit of four hours and fifteen minutes (4:15) for each Reserve duty day of his/her jury duty.
3. No Offset for Government Compensation
Monies received by a Flight Attendant from the government for duties performed under a summons to jury duty shall not be offset against any pay protection provided above.
H. Union Leaves of Absence
A Flight Attendant shall be granted a leave of absence to accept a position with the Union. Such Flight Attendant shall continue to retain and accrue longevity for pay purposes and all seniority while on such leave of absence.
I. Marriage Leaves of Absence
A Flight Attendant may request an unpaid marriage leave of absence of up to five (5) days, one (1) of which must be the date of the wedding. Such leave shall be inclusive of any existing days off, but shall exclude any scheduled vacation days. The Company reserves the right to deny such leaves based on the needs of service.
J. Pass Benefits While on Leave
The Company may at its option, extend online pass privileges to Flight Attendants who have been granted a leave of absence in accordance with this Section.