United Airlines’ new sick leave policy is causing controversy at the US Department of Labor, which has launched a formal investigation into the change after several inquiries were received from flight attendants. The changes to the policy may violate the US Family and Medical Leave Act.
United Airline’s new sick leave policy requires flight attendants who call out sick on Fridays, Saturdays, and Sundays to provide a doctor’s note when they do so. According to a statement issued by the US Department of Labor, it has received multiple inquiries and was prompted to investigate:
“Through numerous recent inquiries from workers, the Wage and Hour Division has become aware of a possible change in United Airlines’ leave policies. We will be working with the airline and workers to ensure that the company’s leave policies are in compliance with the Family and Medical Leave Act.”
Under the Family Medical Leave Act (FMLA), employers may ask for medical certification. It is unclear if United is in violation of the act or if flight attendants are proactively trying to prevent the policy from being put into place.
According to Quartz, the Association of Flight Attendants (AFA), the union that represents flight attendants employed by United, said that the change to the policy is:
“Not only is this a willful Contract violation, it is yet another demonstration of management’s lack of respect for Flight Attendants and our contract.”
The contract between the airlines and the flight attendants is in its fourth year of renegotiation. The AFA is currently taking a strike vote to pressure United management to reach a quick resolution.
The AFA also spoke about the investigation by saying:
“We applaud the DOL’s proactive response to these issues that we have raised with them and will continue our efforts to hold management accountable to our contract and the law.”
Many flight attendants flying for US airlines are unhappy with the compensation and benefits under their contracts, leading to a lot of friction between management and unions. In May, Congress backed the rights of flight attendants to strike after some new hires got poverty letters.
The changes
The new policy was enacted on July 21st, and flight attendants claim the airline didn’t provide 24 hours notice for the changes. In addition, the medical certificate has to be submitted within 72 hours of calling in sick. If employees fail to do so, they will be subjected to disciplinary action, which could include termination.
The airline offered some clarification to the publication as to why the drastic policy change occurred. In a statement to Quartz, United said:
Most United flight attendants are going above and beyond for our customers this summer. However, this year we’ve seen the number of sick calls spike on weekends – and only weekends. Our contract with the Association of Flight Attendants allows the company to require a physician’s note in cases of suspected abuse of sick time. The policy is narrowly tailored to the days when abuse has been occurring, and we hope to return to our usual approach of not requiring a doctor’s note soon.”
Simple Flying has reached out to United Airlines to comment on the situation.
The changes supposedly violate the flight attendants’ contracts in two areas. The first is the weekend requirement. The contract does allow the airline to ask for medical certification, but it is limited to specific periods, such as around the holidays.
The second violation concerns the 72-hour window. According to the current contract, the note must be submitted at check-in time for the flight following sick leave.