6.08.23 – APFA BOS Base Brief – Massachusetts Earned Sick Time Law (MESTL) FAQ’s

Massachusetts Earned Sick Time Law:
Frequently Asked Questions

Thursday, June 8, 2023

The decision that came out Friday regarding the Massachusetts Earned Sick Time Law (MESTL) is something we never wanted to see. Unfortunately, the company waited until the eleventh hour to let us know how and when this would be implemented. Any sick call for a sequence originating today, June 8th, will no longer be coded as Massachusetts Sick and will be treated as a regular sick call, meaning attendance points will be assessed.

This is the last thing any of us wanted to hear. As the court testimony proves, management has focused on taking away our lawful health benefits instead of promoting the health and well-being of their employees. We are working on filing a Base notice of dispute (NOD) regarding the implementation timeline of assessing attendance points. We will communicate the full NOD details to the Boston membership once filed.

APFA’s legal department has compiled frequently asked questions regarding the court’s ruling:

Why is American Airlines no longer complying with MESTL?

On June 2, 2023, a federal district court ruled that MESTL conflicts with the Airline Deregulation Act (ADA), a federal law that disallows states to enact laws that have an impact on the airline industry in the areas of prices, routes, or services. When a state law conflicts with the provisions or intent of a federal law, the federal law prevails over the state law.

Why did the Court determine that the MESTL is preempted by the ADA?

In summary, the Court concluded that MESTL causes an increase in sick calls and, in turn, the increase in sick calls has an impact on the airlines’ services.

How did APFA let this happen?

APFA had no control over the Court’s decision and neither APFA nor AA were a party to the litigation. The lawsuit was brought by Airlines For America (A4A), an airline trade union, against the Attorney General of Massachusetts. However, APFA did participate and assist the Attorney General, to the extent permitted, at both the national and local base levels.

What is APFA going to do about the Court’s ruling?

APFA is currently assessing its available legal options regarding its involvement and input in further litigation. While it is too early to determine what APFA’s role will be in any litigation moving forward, we can assure you that APFA will continue to do everything it can to advocate for BOS-based Flight Attendants and assist the Attorney General in doing the same.

What does this mean for BOS-based Flight Attendants?

The Court’s ruling means that AA no longer has to comply with MESTL regarding its in-flight and ground crew employees. AA informed APFA late Wednesday evening, June 7, 2023, that beginning on June 8, 2023, sick calls will no longer be coded under MESTL. In other words, if you call in sick on or after June 8, 2023, you will be assessed points in accordance with the attendance program. However, MESTL should still apply to all qualifying sick absences prior to June 8, 2023. In anticipation of potential coding complications associated with this transition, please be sure to check and review your MyView periodically over the next few weeks to ensure your absences have been properly coded. If you believe that AA has not coded one or more of your absences properly, or assessed attendance points improperly, please reach out to us immediately.

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If you haven’t already done so, click the hyperlink below to encourage MA Attorney General Andrea Campbell to take ACTION! We will keep you apprised of any developments regarding an appeal and necessary further actions.

Take action today!* Click here to urge Massachusetts Attorney General Andrea Campbell to appeal the ruling preventing Massachusetts inflight and ground crew employees from accessing earned sick time under the law.

*If you are a BOS-based Flight Attendant but do not have a Massachusetts address, please use the Boston Logan Airport Address: One Harborside Drive Suite 200S, East Boston, MA 02128

In Solidarity,

Kelli Powers
APFA BOS Base President
(603) 661-5297
[email protected]

Devyn Gourley
APFA BOS Base Vice President
(316) 409-3474
[email protected]