Q: If our current sick leave policy is not compliant with state law- what isn’t compliant? Also, if the Company is not adhering to laws right now, isn’t there a basis for lawsuits or a grievance?
There are a few portions of the current contractual sick leave provisions that don’t comply with state law – preventative care should be covered, points/discipline should not apply for usage and protected usage scenarios are not being adhered to. It needs to be clearly indicated which sick leave usage is protected and which isn’t. Overall, it can be fairly complex with the overlay of state laws.
It is worth mentioning we have bases in multiple states – WA and OR apply, CA has a carveout for unionized groups with contracts, and AK doesn’t have any that would apply. What we did was scoop up the best of all state laws to make the full package. On the other hand, ground crew is run state by state. Management wanted to apply state laws based on domicile, but we pushed for the same language for all Flight Attendants.
Currently, there is a basis for lawsuits and we have filed grievances – and won. We’ve discussed it here. Regardless of those processes, it is essential to codify the provisions in our contract.
Furthermore, if the laws changed in WA and OR, and included a carve-out for groups covered under a collective bargaining agreement, we would lose any leverage we would have to negotiate sick leave protections.