Thread: Sick Grievance
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Old 07-10-2016 | 08:07 PM
  #16  
olly
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Originally Posted by TonyC
Maybe it's a win if your lender allows you to skip mortgage payments or make partial mortgage payments for the months you are sick.

What it amounts to is allowing a management pilot, not a doctor, to make a decision to deprive you of your negotiated contractual benefit to be paid on a day you are sick.

What I fear most is pilots using the third method to meet the sick note requirement, the "discussing it with the SCP designee who may conclude the sick note is no longer necessary" method. Heaven only knows what that guy's expertise in medicine and health care is, what his standards will be, whether his decisions will be fair and consistent across the board, just to name a few of the myriad of reasons why it should be a doctor, not a management pilot, making the confirmation that the pilot was sick. This SCP designee will ultimately be given the authority to determine if the pilot was fit to fly, and therefore the Sick is replaced by a Drop, or if he was NOT fit to fly, and therefore let the Sick stand. In the eyes of the FAA, this fitness determination is only to be made by the pilot himself, the guy who called in sick. Finally, the pilot pleading his case before this designated arbiter will be inclined if not pressured to reveal details about his personal health information that are presently protected by HIPAA law. We should have no procedure that puts a pilot in this position.






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There seem to be procedures for the company that violate HIPPA. I do not think a cba or LOA can supersede federal law, even if we gave it up/waived it in this settlement. Something for the lawyers to rule on. If one does not want to divulge their personal condition/health to a company administrator HIPPA should protect that, and FAA order 8900 states that a pilot is "solely" responsible for determining his fitness to fly.
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