Section 14 - Leaves of Absence

 

1. In the event the Company determines that it is over-staffed for at least one (1) bid period, the Company may at its discretion offer VLOA’s for a minimum of one (1) bid period. Such leaves will be available for bid and will be awarded in seniority order during the bid process. Once awarded, a VLOA cannot be canceled except by mutual agreement between the Flight Attendant and the Company. VLOA’s shall be unpaid time off for a predetermined duration. Nothing herein shall preclude the Company from granting VLOA’s that extend over multiple bid periods.

    

2. In the event the Company determines that it is over-staffed for a portion of a bid period, the Company may at its discretion offer VLOA’s for less than one (1) bid period. These leaves shall be posted in the Inflight briefing for a minimum of forty-eight (48) hours and shall be granted in seniority order after the forty-eight (48) hour posting period has elapsed. If there are remaining leaves available, they shall be granted on a "first come, first serve" basis, until the staffing has been reduced by the necessary number of Flight Attendants.

    

3. A Flight Attendant who is granted a VLOA pursuant to Paragraphs 1 and 2 above, and whose last trip of the month extends into the month her/his leave begins may be required to complete the trip, if there is insufficient staffing during the carry-in trip. If sufficient staffing exists, Flight Attendants with carry-over trips will be released by the first day of the new bid period, or as soon as staffing permits. If the trip cannot be split, the Flight Attendant will have the option of either completing the trip, being placed on Guaranteed Reserve, or being offered a trip to cover the minimally staffed days, until there is sufficient staffing. Such releases will be made in seniority order. The Company shall determine the sufficiency of staffing.

 

1. The Company may, upon request, grant personal leaves of absence for personal reasons or emergencies. Requests for personal leave and mutually agreed upon start and end dates, shall be in writing. Once granted, these leaves may only be canceled prior to the end date by mutual agreement between the Company and the Flight Attendant.

    

2. Personal leaves shall be granted for periods of up to one hundred eighty (180) days. Upon the Flight Attendant’s written request, the Company shall have the discretion to extend a personal leave.

    

3. A Flight Attendant shall retain and accrue seniority for the duration of her/his personal leave and shall accrue longevity for the first thirty (30) days of said leave, or thirty-one (31) days if the leave commences on the first day of a thirty-one (31) day bid period. Provided, however, if the leave immediately follows another leave of absence in which the Flight Attendant accrued longevity for thirty/thirty-one (30/31) days, she/he will not accrue any additional longevity during this leave.

 

1. The Company shall grant a Flight Attendant a medical leave of absence due to a non-occupational illness or injury.

    

2. The Company will require a Flight Attendant who requests a medical leave to present a report satisfactory to the Company, from her/his physician that sufficiently certifies her/his medical condition. Failure by the Flight Attendant to submit a report in a reasonably timely manner will result in termination of the medical leave of absence, unless it is proven by the Flight Attendant that the delay is beyond the Flight Attendant's control.

    

3. Prior to returning to duty from medical leave, a Flight Attendant will be required to present a physician's statement satisfactory to the Company verifying that she/he is medically fit to perform all required Flight Attendant duties. In the event there is a dispute concerning the Flight Attendant’s fitness for duty, the procedures as provided by Section 18, Physical Examinations, shall be utilized.

    

4. A medical leave of absence shall not last longer than three (3) years, unless the Company and the Union mutually agree in writing to extend the leave for up to an additional two (2) years. Upon expiration of a medical leave of the applicable duration, a Flight Attendant shall be removed from the seniority list and shall not return to active service. The Flight Attendant shall retain and accrue seniority for the duration of the leave. The Flight Attendant shall accrue longevity for the first thirty (30) days of said leave, or thirty-one (31) days if the leave commences on the first day of a thirty-one (31) day bid period, except as otherwise provided under the Family Medical Leave Act (FMLA).

    

5. A Flight Attendant may choose to utilize either her/his disability benefits or sick leave while on medical leave, however, she/he may not use both at the same time. A Flight Attendant who elects to utilize her/his sick leave, shall not be required to exhaust her/his sick leave. However, once the Flight Attendant begins to receive disability benefits, or requests and is granted an unpaid medical leave, she/he cannot use any additional sick leave until she/he returns to active duty.

    

6. While on medical leave, if a Flight Attendant elects to utilize her/his Short Term Disability benefits, all medical, dental, and vision benefits shall continue to be available to the Flight Attendant on the same basis as an active Flight Attendant. While a Flight Attendant is on Long Term Disability, benefits will continue to be available on the same basis as an active Flight Attendant for twenty-four (24) months. If a Flight Attendant receives Short Term Disability benefits, but does not receive Long Term Disability benefits, her/his insurance benefits will continue to be available on the same basis as an active Flight Attendant until the end of the month in which the Short Term Disability ended. Thereafter, coverage may be continued at the Flight Attendant’s option, subject to COBRA continuation rights, provided she/he pays the full premium including the Company's contribution paid for active employees.

    

7. In the event the Flight Attendant is not eligible for Short or Long Term Disability benefits, or elects not to utilize her/his Short or Long Term Disability benefits, then medical, dental, and vision benefits shall only continue until the end of the month in which the leave commenced. Thereafter, coverage may be continued at the Flight Attendant’s option, subject to COBRA continuation rights, provided she/he pays the full premium including the Company’s contribution paid for active employees.

    

8. If insurance coverage was terminated during a prior consecutive leave of absence, it will not be reinstated during a leave of absence under this section.

 

9. All medical leaves due to elective surgery shall be completed prior to November 15^th, and shall not begin before January 6^th.

    

10. A pregnant Flight Attendant may remain on active status until her personal physician certifies to the Company that she is no longer able to perform Flight Attendant duties.

 

1. The status of a pregnant Flight Attendant shall be as provided in Subsection C, Medical Leave of Absence.

    

2. After the birth or adoption of a child, a Flight Attendant may request and shall be granted an unpaid leave of absence for up to one hundred and twenty (120) days. This leave shall commence upon the date of birth or adoption and shall continue until no later than one hundred twenty (120) days after that date. The date of adoption shall be considered the date on which the adoptive parent takes custody of the child. In order to obtain this leave, the Flight Attendant shall provide reasonable notice in writing to Inflight Management, no later than thirty (30) days in advance of the birth or adoption if practicable, that she/he intends to utilize this leave. At the Company’s discretion, the Flight Attendant may be granted extensions of this leave beyond the one hundred twenty (120) days described above. This leave shall run concurrently with any Family Medical Leave, Medical Leave or any portion of the Parental Leave which falls after the birth or adoption of the child.

 

3. A Flight Attendant shall retain and accrue seniority for the duration of her/his leave. The Flight Attendant shall only accrue longevity for the first thirty (30) days of said leave, or thirty-one (31) days if the leave commences on the first day of the thirty-one (31) day bid period except as otherwise provided under the Family Medical Leave Act (FMLA). However, if the leave immediately follows another leave of absence in which the Flight Attendant accrued longevity for thirty/thirty-one (30/31) days, she/he will not accrue any additional longevity during this leave.

    

4. If otherwise eligible, a Flight Attendant may use disability benefits or sick leave credit while on a leave under this section. Use of sick leave credit and disability benefits shall be as provided in Section 15, Sick Leave, and Section 32, Retirement and Insurance.

    

5.  
   If the Flight Attendant receives Short Term Disability benefits during this leave, her/his medical, dental and vision insurance benefits will continue to be available to the Flight Attendant on the same basis as an active Flight Attendant. If the Flight Attendant receives Long Term Disability benefits during this leave, her/his insurance benefits will continue to be available on the same basis as an active Flight Attendant until the end of the 24^th month of Long Term Disability. If a Flight Attendant receives Short Term Disability benefits, but does not receive Long Term Disability benefits, her/his insurance benefits will continue to be available on the same basis as an active Flight Attendant until the end of the month in which the Short Term Disability ended. Thereafter, coverage may be continued at the Flight Attendant’s option subject to COBRA continuation rights provided she/he pays the full premium, including the Company’s contribution paid for active employees.

    

   1. If the Flight Attendant does not receive Short or Long Term Disability benefits during this leave, her/his medical, dental and vision insurance coverage shall only continue until the end of the month in which the leave commenced. Coverage may be continued at the Flight Attendant’s option subject to COBRA continuation rights provided she/he pays the full premium, including the Company’s contribution paid for active employees.

    

   2. If insurance coverage was terminated during a prior consecutive leave of absence, it will not be reinstated during a leave of absence under this section.

 

1. A male Flight Attendant shall receive two (2) scheduled duty days off with pay and credit for the birth of his newborn child.

    

2. A Flight Attendant who adopts a child shall receive two (2) scheduled duty days off with pay and credit to attend the birth of her/his adopted child, or upon the arrival home of her/his newly adopted child, or to attend court hearings related to the adoption of her/his child.

 

1. Flight Attendants who are eligible for leaves of absence under the provisions of the Family Medical Leave Act (FMLA) or applicable State law, whichever is greater, shall be granted a leave of absence.

    

2. A Flight Attendant shall use sick leave, to the extent required, and may elect to use vacation days for her/his own illness. A Flight Attendant may elect to use her/his sick leave or vacation days to care for a family member. A Flight Attendant who opts to utilize her/his unused vacation days while on Family Medical Leave cannot split her/his vacation group. The Flight Attendant shall be paid for the entire vacation group.

    

3. A Flight Attendant on a Family Medical Leave shall retain and accrue seniority and longevity and shall receive all benefits as provided by the Family Medical Leave Act or applicable state statute.

    

4. To the extent permitted by law, Family Medical Leave shall run concurrently with Personal, Sick, Maternity, Paternity, Adoption, Medical, or Parental Leave.

 

1. Upon notification to an Inflight Supervisor, a Flight Attendant will be granted up to three (3) days of pay and credit for trips missed when there is a death in the Flight Attendant's immediate family. A reserve line holder shall receive a pro-rated daily rate of the minimum bid period guarantee for those scheduled reserve duty days missed due to the three (3) paid days of bereavement leave. In the event the affected trip is scheduled for more than three (3) days, the Flight Attendant shall have the options of unpaid time off for the remaining days of the trip, rejoining the trip at a mutually agreed upon location, or being placed on Guaranteed Reserve.

    

2. Immediate family shall include a Flight Attendant's spouse, children, step-children, grandchildren, parent, step-parent, grandparents, brothers, sisters, legal guardian, spouse's parents, brothers, sisters, and grandparents.

    

3. The Company shall have the discretion to extend the duration of a bereavement leave or to grant a bereavement leave for an individual other than those stated in Paragraph 2 above, on an unpaid basis. In this circumstance, the Flight Attendant shall have the option of using her/his unused sick leave or vacation award. The Company shall reduce the guarantee a prorated amount in the case of a Flight Attendant on an extended leave who either does not have, or elects not to use, her/his sick leave or vacation days.

 

4. The Company shall arrange on-line pass transportation for a Flight Attendant and her/his eligible dependents for travel while on bereavement leave. The Company shall use its best efforts to arrange inter-line transportation for a Flight Attendant and her/his eligible dependents while on bereavement leave.

 

1. The Company shall grant an unpaid leave of absence to a Flight Attendant who is elected to international office of the Union or is appointed to a staff position of the Union.

    

2. A Flight Attendant on Union Leave shall be paid directly by the Union and shall not be covered by the flight pay loss provisions of Section 28, Union Business. All other time-off for Union business granted to MEC/LEC officers and committee members shall be covered by Section 28, Union Business.

    

3. Throughout the duration of Union Leave, Flight Attendants shall retain and accrue seniority and longevity, shall retain outstanding awarded vacation and sick leave credit, and shall be eligible for the same pass privileges as an active Flight Attendant.

    

4. A Flight Attendant who takes Union Leave under the provisions of this section shall have the option of cashing-out her/his vacation at the beginning of the leave, or of retaining it for use upon return from the Union leave.

 

1. A Flight Attendant who receives orders to report to the military service of the United States will be granted an unpaid military leave of absence. The duration of the leave, including reserve duty, and the Flight Attendant's reemployment rights will be governed by applicable statute(s).

    

2. A Flight Attendant who must take a Military Leave of Absence shall provide the Company with a copy of her/his Military Orders and a written request for a leave of specific duration, if known, within four (4) days of the Orders. The Flight Attendant shall make every effort to provide the Company with at least thirty (30) days prior written notice of the leave request.

    

3. A Flight Attendant on Military Leave shall continue to retain and accrue seniority and longevity for the duration of the leave. However, no Flight Attendant shall accrue any greater seniority nor shall her/his relative seniority position be different than it would have been had she/he not entered military service.

    

4. Vision, medical and dental insurance shall continue in the same manner as that of an active Flight Attendant until the end of the month following the month in which the leave began, (e.g., if the leave began May 10^th, insurance coverage will continue through June 30^th). Thereafter, coverage may be continued, at the Flight Attendant’s option, subject to COBRA continuation rights provided she/he pays the full premium, including the Company’s contribution paid for active employees.

    

5. Upon return to active service with the Company, the Flight Attendant shall be fully covered by all insurance per applicable law.

    

6. In case of a temporary disability which makes it impossible to return to active flight status within ninety (90) days after discharge, special arrangements shall be made by the Company and the Union for an appropriate extension of time, not to be less than that permitted for a Medical Leave of Absence.

 

1. A Flight Attendant who is summoned and/or selected to serve on a jury or subpoenaed as a lay witness, shall receive the scheduled pay and credit for duty days missed while actually serving jury or witness duty. A Flight Attendant will not alter her/his bid line for the dates and times of jury or witness duty after being called for jury duty or subpoenaed as a lay witness.

    

2. For scheduled days of a trip that are unaffected by jury duty, (e.g., not actually serving on jury duty), the Flight Attendant shall have the option of accepting a Guaranteed Reserve assignment, unpaid time off, or if possible, rejoining the trip at a mutually agreed upon location, for the remaining days of the trip.

    

3. A reserve line holder shall receive a prorated daily rate (e.g., reserve minimum bid period guarantee divided by the number of days available for reserve duty) for those scheduled reserve duty days in which the Flight Attendant actually serves jury duty.

    

4. No Flight Attendant shall receive additional days off, other than those initially scheduled due to jury or witness duty except under the following circumstances:

    

   1. If the combination of days actually served on jury or witness duty plus scheduled duty days would result in six (6) or more consecutive days, at the Flight Attendant's option, she/he shall be removed from the trip and provided an unpaid twenty-four (24) hour rest. For the remaining days of the originally scheduled trip, she/he shall have the option of accepting a Guaranteed Reserve assignment, unpaid time off, or if possible rejoining the trip at a mutually agreed upon location.

       

   2. If actual days served on jury or witness duty in conjunction with scheduled reserve days and/or days on duty results in a Flight Attendant having less than the guaranteed minimum number of days off in the month, the Flight Attendant, at her/his request, shall be assigned another day(s) off.

    

5. In the event that it appears that a Flight Attendant's jury or witness duty may extend into the next month, she/he shall bid for and be awarded a Regular or Reserve line of flying.

 

6. A Flight Attendant who is summoned for jury or witness duty shall notify the Company within forty-eight hours (48) after receiving the summons or subpoena. The Flight Attendant shall provide a copy of the summons or subpoena to the Company as soon as possible. In the event a Flight Attendant is selected to serve on a jury, or is subpoenaed to testify, she/he will notify the Company of the dates and times of the trial as soon as she/he has been advised of the information.

 

1. While on a leave of absence, a Flight Attendant shall retain and accrue seniority for the duration of the leave. Longevity accrual, pay status, maximum time off, benefits coverage, return to service, and pay start date upon return from leave shall be in accordance with the Chart and the end of this Section.

    

2. Failure of a Flight Attendant to return to active service at the end of any leave of absence, or approved extension thereof, shall be deemed a voluntary resignation from the Company and her/his name shall be removed from the Flight Attendant System Seniority List.

    

3. At the conclusion of a leave, a Flight Attendant shall return to her/his former domicile and position. In the event the domicile has been closed, the Flight Attendant shall have the option to go to the domicile of her/his choice if there is a vacancy at that domicile, or she/he is senior to the most junior Flight Attendant at that domicile.

    

4. A Flight Attendant who has been awarded vacation prior to going on leave and whose vacation falls during the leave shall have the following options:

    

   1. Receive vacation pay when she/he returns from leave on the pay check containing the pay exceptions for the end of the next calendar month;

       

   2. Reschedule her/his vacation, if vacation slots are available;

       

   3. Trade vacation period(s) with another Flight Attendant;

       

   4. Receive vacation pay for the unused vacation on the paycheck containing the pay exceptions for the end of that calendar year if she/he cannot trade or reschedule her/his vacation by the end of the year; or

       

   5. Receive vacation pay at any time after returning from leave through the end of the calendar year during which the leave occurred.

    

5. Upon return to active status in a calendar year subsequent to that in which the leave was taken, the Flight Attendant shall be granted her/his sick leave as provided in Section 15, Sick Leave. If the vacation bid has already been distributed and the Flight Attendant has vacation, the Flight Attendant shall be entitled to exercise one of the options in Paragraphs 4.a. through e., above.

 

6. Except as provided in the Military Leave provisions of this section, a Flight Attendant on any other approved leave of absence shall continue to accrue sick leave and vacation credit for the first thirty-one (31) days of an approved leave and shall retain all accrued sick leave and vacation credit throughout the leave of absence. Provided, however, if the leave immediately follows another leave of absence in which the Flight Attendant accrued sick leave and vacation for thirty/thirty-one (30/31) days, she/he will not accrue any additional sick leave and vacation during this leave. A Flight Attendant on a Family Medical Leave shall retain and accrue sick leave and vacation credit for the duration of the leave.

 

7. In the event the Company continues its perfect attendance incentives, Flight Attendants shall participate on the same basis as other Company employees and their benefits under this program shall not be diminished during the life of the Agreement.

    

8. Time taken off for the following reasons shall not disqualify the Flight Attendant from the perfect attendance incentives:
   1. Authorized Unpaid Time Off

       

   2. Jury Duty

       

   3. Bereavement Leave

       

   4. Trip Trades

       

   5. Union Trip Drops

       

   6. Parental Leave

       

   7. Family Medical Leave

       

   8. Voluntary Leave of Absence

       

   9. Active Duty Military Leave

    

9. If the Company, in its discretion, grants additional assistance to any Flight Attendant in connection with a leave granted under this Section, it shall not set a precedent requiring assistance in any other case.

    

10. A Flight Attendant who has been on leave of absence shall not be returned to active status as a Flight Attendant until she/he has completed any necessary requalification training, for which the Flight Attendant shall be paid under Section 3, Compensation, and Section 11, Training. A Flight Attendant on a leave of absence may, at her/his option, attend recurrent training if approved in advance by the Inflight Department in accordance with company policy.

     

11. A Flight Attendant who is granted a leave of absence during her/his probationary period shall have her/his probationary period extended accordingly.

     

12. A Flight Attendant who engages in outside employment during her/his leave must advise Inflight Management prior to engaging in that employment and must comply with Company policy regarding secondary employment.

 

13. Life insurance shall continue to be available to the Flight Attendant on the same basis as an active Flight Attendant so long as the duration of the leave or any combination of consecutive leaves of absence does not exceed twelve (12) months. Flight Attendants participating in a light duty assignment shall continue to receive life insurance benefits as any active Flight Attendant.

 

1. Any premiums for these benefits will be accrued (at the rate charged to active Flight Attendants) for up to one hundred eighty (180) days. If the Flight Attendant returns to work within or at the conclusion of the one hundred eighty (180) day period, any accrued premiums during the thirty (30) days following the 180 day time period will be deducted from her/his pay check. If the Flight Attendant does not return within that time frame, she/he will be required to pay the accrued premiums during the thirty (30) days following the one hundred eighty (180) day time period.

 

2. The Flight Attendant's life insurance coverage will terminate after she/he has been on a leave or consecutive leaves for twelve (12) consecutive months unless the Flight Attendant obtains approval for a waiver of the premium or converts her/his life insurance to an individual policy prior to the expiration of the twelve (12) month period.

 

14. A Flight Attendant on an approved Medical Leave of Absence shall have the option of applying for a temporary "light duty" position in the Inflight Department, if any are available, provided the Flight Attendant meets the skill level for the position and her/his personal physician certifies that she/he is able to perform the job. The duration of the assignment will be at the Company's discretion and her/his performance must be acceptable.

     

15. The Company shall arrange on-line passes for a Flight Attendant and her/his eligible dependents who must travel while on a leave of an emergency nature. Travel may be upgraded to positive space or priority standby depending upon the circumstances. The Company shall use its best efforts to arrange inter-line transportation for a Flight Attendant and her/his spouse and dependents while on a leave of an emergency nature.

     

16. For Voluntary or Personal Leaves of Absence, medical, dental & vision coverage shall continue until the end of the month in which the leave commences. If, however, insurance coverage terminated during a prior consecutive leave of absence it will not be reinstated during a leave of absence under this section. Thereafter, coverage may be continued at the Flight Attendant’s option subject to COBRA continuation rights provided she/he pays the full premium including the Company's contribution paid for active employees. Disability insurance coverage shall continue for a maximum of thirty (30) consecutive calendar days commencing on the effective date of the leave. If, however, disability insurance coverage terminated during a prior consecutive leave of absence it will not be reinstated during a leave of absence under this Section.

Back to Table of Contents