Committees:
- Community Service
- FMLA
- F/A Resource
- Grievance
- Good & Welfare
- Hotel
- Human Rights / Women's Committee
- Legislative
- Professional Standards
- Reserve
- Safety
If you FMLA questions, please call:
CAL: (832) 368 - 6529
ExpressJet: (281) 773-8436
FMLA - Crew Technical Corrections Act now Federal Law
Dear Fellow Flight Attendants and Members,
We would like to be the first to share this ground breaking news;
"THE FMLA CREW TECHNICAL CORRECTIONS ACT" was passed unanimously in the House of Representatives for "ALL CREW MEMBERS" to be considered and entitled under the FMLA ACT itself. Let's congratulate the AFA-CWA FLIGHT ATTENDANT'S for their tremendous efforts, a job well done and DESERVED ON BEHALF OF ALL CREW MEMBERS. Click here to see Senate Bill 1422 - Airline Flight Crew Technical Corrections Act
Crew members were NEVER meant to be left out of the calculations to qualify for FMLA. Based on our schedules not being a normal 40 hour work week,it became an oversight. The Continental Flight Attendants were the only group of Crew Members that Contractually had a binding agreement of entitlement to FMLA, negotiated successfully into our contract.
This is a huge stride in opening doors to improve upon the terms under FMLA, for IAM & AW CONTINENTAL FLIGHT ATTENDANT'S to broaden the language in our upcoming contract negotiations, 2010.
The FMLA Committee has been making "GREAT STRIDES" in assisting our fellow Flight Attendants with DOL FORM requirements (WH-380-E/EMPLOYEE) & (WH-380-F/FAMILY) in the certification/recertification process. We are starting to get our Members attention to use what we as members and employees negotiated on and agreed to be upheld in our Collective Bargaining agreement (CBA), a binding agreement.
Per our Collective Bargaining Negotiated Agreement, side bar (LOA-15), states the company WILL use the prescribed DOL FORM. The prescribed Department of Labor (DOL) form has a registered OMB number attached. Per the DOL, if any form used outside of the DOL'S REGISTERED FORM AND INFORMATION, we do not have to fill out their form.
THE DOL FORMS are complied and formatted to not violate HIPPA LAW, THE PRIVACY ACT. There is only so much information BY LAW, that can be requested to sustain/approve, the need for Family Medical Leave.
Continental Airlines FMLA Certification Form, Revision #4, is nothing more than a GENERIC FORM and "not designer", that they have pulled language from the DOL FORM and re-worded to require more information or answered in a WORD SPECIFIC manner.
USING their REVISED FORM #4;
Continental has been denying/violating your legal right BY LAW to qualify for a FEDERALLY PROTECTED RIGHT, "Family Medical Leave (FMLA)". The company has been denying requests for (FMLA) MEDICAL NEEDS, based on their REVISED FORMS NOT BEING filled out correctly, completely or word specific per their requirements.
NEWS FLASH: CONTINENTAL IS REQUIRING FLIGHT ATTENDANTS TO INCLUDE ON REVISION #4 THE NAME OF YOUR PRESCRIPTIONS AND A COPY OF THE PRESCRIPTION FROM YOUR DOCTOR.
They have even taken copies of the prescription bottle itself.
THAT IS AGAINST THE LAW AND HIPPA PRIVACY!!!!!!!!!!!!!!!!!!!!!!
Even though the prescribed medication is in your name, Continental can require a "FITNESS FOR DUTY EXAMINE" BASED ON "IF YOU ARE SAFE TO BE ON DUTY, INCLUSIVE OF FLYING"
THE VERBIAGE TO SUBMIT ON THE PRESCRIBED DOL FORM IS:
PRESCRIPTION MEDICATIONS AS PRESCRIBED BY YOUR TREATING PHYSICIAN(S) / SPECIALIST(S).
The FMLA STATUES by law state specifically;
No matter what form is used by any company, WHICH CANNOT REQUEST MORE INFORMATION THAN THAT OF THE DOL/WHD REQUIREMENTS, the company has to allow an employee to return to their doctor in order to obtain the corrected/requested information that may not be sufficient or complete. Under the current amended FMLA guidelines, January 16, 2009, that time line has shortened. That is still to say, any company has to allow the employee the time necessary, reasonably, to CORRECT AND RESUBMIT.
Per the DOL/FMLA amendments, the FMLA Committee has began posting some of the changes and timelines for the members to be aware of and educated on.
Due to the many changes, the FMLA COMMITTEE is currently researching and educating ourselves on each sub-section/part of the FMLA amendments TO ENSURE WE ASSIST IN EDUCATING OUR MEMBERS WITH THE CORRECT KNOWLEDGE AND INFORMATION NECESSARY.
"STAY INFORMED" "STAY POSTED"
"A WEALTH OF MORE INFORMATION AND KNOWLEDGE TO COME"
IMPORTANT MESSAGE; (PLEASE READ)
Your Rights Under FMLA:
Your rights under FMLA are protected not only by Federal and State law but also by your contract. If any provision is violated, you have the right to file a grievance AND a complaint with the Department of Labor. You are encouraged to do so as soon as a problem becomes evident. Use the representation link in the navigation bar to report FMLA violations to your grievance committee. In addition, you should contact the local Department of Labor office above to file a complaint.
FMLA Forms
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Form WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition This is the form you should complete if you are requesting FMLA for yourself.
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Form WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition This is the form you complete if you are requesting FMLA due to a family member.
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Form WH-381 Notice of Eligibility and Rights & Responsibilities An optional form used to inform an employees if they're eligible for FMLA leave.
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Form WH-382 Designation Notice: Request for Additional Information An optional form used to advise an employee as to whether his or her request for FMLA leave has been granted.
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Important Message
All FMLA forms are legal documentation through the DOL and negotiated through the IAMAW contract for Flight Attendants (LOA-15). The DOL Certification forms must be filled in and completed by the treating physician/specialist, with their personal signature and Medical Identification Number.
Please do not alter or use your personal handwriting/signature to complete.
ALL INFORMATION IS TREATED AS STRICTLY CONFIDENTIAL