Originally Posted by
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The problem I see with this in regards to medical exemptions from COVID vaccinations is that nothing in either the UPA, nor the LTD policy mention anything about maintaining an FAA physical. It simply states that qualify you are unable to execute the privileges of that certificate due to a medical condition.
The two typically go hand in hand, but in this case the loss of medical is not the medical condition that is preventing them from exercising that certificate, but the result is the same. The language is broad enough to where I think those who qualify would have a legitimate challenge to being placed on unpaid leave for a bona fide medical exemption without the benefit of LTD. I don’t see any force majeure exemptions in the policy either.
What's the basis for the disability being claimed? I have trouble imagining a condition which precludes you from coming to work long-term which would not impact FAA medical certification. Short-term is different, ex a common cold, but you can't call in sick for three years with a cold.
I do imagine the company and insurance provider would fight that...