Take Action for Flight Attendant Equal Access to FMLA
Tell Congress it is time to close the loophole in Family and Medical Leave language.
Responding to AFA-CWA advocacy, Congressman Tim Bishop (D-NY) introduced legislation on June 15 to clarify family and medical leave eligibility requirements for Flight Attendants. For years, Flight Attendants throughout the industry have found it difficult to qualify for this benefit under the law due to the unique nature of our jobs. Representative Bishop's legislation the "Airline Flight Crew Family and Medical Leave Act, H.R. 2744," would amend the original Family and Medical Leave Act of 1993 (FMLA) so that it covers airline crewmembers.
The intent of the original Family and Medical Leave Act of 1993 was to provide job protected unpaid leave to employees who have worked 60 percent of a full time schedule, for the birth or adoption of a child, to take care of a seriously ill family member or to recover from one's own serious medical condition. However, the courts and federal agencies disregarded that original intent and narrowly defined the "full time schedule" as that of a traditional 40-hour work week, thereby excluding any employee that does not fall with in the traditional 9-5 work day.
The Airline Flight Crew Family and Medical Leave Act will correct this misinterpretation of the original legislation and finally provide Flight Attendants with equal coverage under the law. In other words, Flight Attendants who have been paid or have completed 60 percent of their company's monthly hour or trip guarantee, annualized over a 12-month period, would qualify for FMLA benefits.
It is inexcusable that Flight Attendants have to rely on airline company policy or contract negotiations to be eligible for family and medical leave. Since 1993, the FMLA has benefited so many employees across the country it is only fair that Flight Attendants have an equal opportunity to apply for these benefits under the law.
