12.08.22 – FMLA Caregiver Presidential Grievance Settlement

Thursday, December 8, 2022

FMLA Caregiver Presidential Grievance Settlement

As previously reported, the APFA SBA Department prepared for the FMLA Caregiver Presidential Grievance scheduled for December 6, 2022. After numerous discussions, the parties were able to settle. This settlement now offers Flight Attendants options on using vacation pay to cover for days for FMLA Caregiver.

Option 1

Use Filler days, unscheduled vacation days, or any days from a vacation block of less than seven (7) days to cover each day of FMLA Caregiver leave.

Option 2

Use days from a vacation block of seven (7) days or greater. The Flight Attendant shall select which block of seven (7) days or greater will be used for FMLA caregiver leave. For purposes of this option, the parties agree that, when a vacation block of seven (7) days or greater is broken into less than seven (7) days to accommodate a Flight Attendant’s FMLA caregiver leave, the days used to cover the remaining days from the original block of vacation days will be valued at 3:30 per day. The remaining vacation days from the block will remain as scheduled and will be paid at the rate of 3:30 at the time of usage. In the event the FMLA caregiver leave does not reduce a Flight Attendant’s vacation block to less than seven (7) days, the remaining seven (7) day or greater block will still be paid at 4:00 at the time of usage but the days removed from the block to cover FMLA caregiver leave will be paid at 3:30 at time of usage.

Option 3 (New)

As an exception to the above, if the Flight Attendant only has a block(s) of seven (7) or more days remaining, at the Flight Attendant’s option, an entire vacation block of seven (7) or more days may be designated for use associated with the FMLA caregiver leave and then, upon the completion of the month, the entire vacation block will be paid out to the flight attendant at 4:00. Upon election of this option by the Flight Attendant, the vacation (as pay and credit at 3:30 per day) will be designated for the FMLA days. After the completion of the month, the entire vacation block of seven (7) days or greater comprised of the FMLA days already designated and the remaining unused days from the vacation block that was reduced to less than seven (7) days will be paid at 4:00 per day (i.e., the vacation days applied to FMLA caregiver leave days that were originally designated as 3:30 pay and credit will be converted to 4:00 pay and credit and the remaining unused days that were part of the original vacation block will be canceled and paid out at 4:00 pay-no-credit). A Flight Attendant electing this option will only be charged FMLA for the days used for FMLA caregiver leave.

Example:

Example: A Flight Attendant applies to use FMLA for caregiver leave on November 27th and 28th.The only vacation block remaining is a 7-day block (January 7-13). Two days will be pulled from January 7th-13th and placed on November 27th and 28th and designated as pay and credit (3:30). At the end of the month the remaining 5 days of vacation from January will be canceled and the entire block (including the two days designated for November 27 and 28) will be converted and paid at the 4:00 rate. Two days of FMLA will be designated as used from the Flight Attendant’s available FMLA bank.

The full details of the settlement may be found here.

In Solidarity,

Larry Salas
APFA National Vice President
[email protected]