The Labor Department is reviewing United Airlines’ leave policies after the carrier implemented stricter measures to crack down on employees abusing sick time.
“Through numerous recent inquiries from workers, the Wage and Hour Division has become aware of a possible change in United Airlines’ leave policies,” said Jessica Looman, the Labor Department’s wage and hour administrator.
Looman said the department will be working with the airline and workers to ensure that the company’s leave policies are in compliance with the Family and Medical Leave Act.”
The FMLA ensures that certain employees have up to 12 weeks of unpaid, job-protected leave per year. Under the law, employees’ group health benefits must also be maintained during their leave.
This law applies to all public agencies as well as all public and private elementary and secondary schools, and companies with at least 50 employees.
United told FOX Business that most of their flight attendants “are going above and beyond for our customers this summer,” but that the number of sick calls has continued to “spike on weekends – and only weekends” this year.
United’s contract with the Association of Flight Attendants-CWA allows the carrier to require a physician’s note in cases of suspected abuse of sick time, United said, adding that the policy “is narrowly tailored to the days when abuse has been occurring.”
The Association of Flight Attendants-CWA, the union representing United flight attendants, claims the move is an attempt to violate the contract and obligations under the law regarding sick leave rights.
However, United said that its policy does not interfere with the right to take approved unpaid leave under the FMLA, and complies fully with federal law and the union contract.
Sara Nelson, the president of the Association of Flight Attendants-CWA, said that the union has been raising concerns to the Labor Department about United’s practices related to the FMLA, including auto designation and documentation, for over the past year.
“Problems were brought into sharp focus this week when, in the midst of the CrowdStrike meltdown on Saturday, July 20, management sent an offensive and accusatory scheduling alert to require Flight Attendants submit absence certificates for all sick leave calls over weekend days,” Nelson said.
Nelson said its legal team has been interfacing again with the Labor Department this week. Individual flight attendants have also filed complaints with the department.
Meanwhile, United said it is aiming to return to its prior system, where it didn’t require a doctor’s note, soon.
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