Originally Posted by
EmbraerFlyer
SOURCE: FAA HANDBOOK (THE ONE THE COMPANY DOESN'T WANT YOU TO SEE)
3-1930 CREW MEDICAL QUALIFICATION AND PROCEDURES DURING TEMPORARY MEDICAL DEFICIENCY.
A. Responsibility of Operators and Flight Crewmembers. 14 CFR part 61, § 61.53 and 14 CFR part 63, § 63.19 preclude required flight crewmembers from flight duty while they have a known medical or physical deficiency. These sections rely solely on the ability of flight crewmembers to honestly determine their medical fitness. It is incumbent on individual airmen to be certain that they have no illness or physical impairment that would affect their medical fitness for flight. The NTSB believes that air carrier operators should share the responsibility for verifying flight crewmembers medical fitness for flight duty. However, it is not always easy for operators to determine the extent of a crewmember’s medical fitness. In order to maintain the highest level of safety, required flight crewmembers must not fly under conditions that would make them unable to meet the requirements for their current
medical certificate. This decision should not be influenced by fear of company reprisals.
B. POI Responsibility. POIs should encourage their assigned air carriers to have established sick leave policies and procedures, especially those concerning the release of flight crewmembers from duty when they develop sudden temporary illnesses, such as colds, flu, or fevers. These policies and procedures should not discourage flight crewmembers from taking sick leave when they are ill.
RESERVED. Paragraphs 3-1931 through 3-1945.
KNOWLEDGE IS POWER.....This is the only Dr's now you should need
I will make an additional note:
In general, federal whistleblower statutes, and TN State Law (and many other state laws) provide for punitive damages for employees facing adverse employment actions for refusing to break the law, and/or complaining to supervisors or government institutions about company conduct that breaks the law.
The reason the company will never fire you for excessive sick calls (provided you have documentation to prove you were truly sick), is that all you have to do is 1) File a retaliation complaint with your local EEOC office that you were fired for refusing to break 61.53, 2) EEOC issues clearance to sue letter, 3) Sue 9E for punitive and compensatory damages in state and/or Federal court.
While most states have common law (tort) provisions awarding punitive damages for refusing to break a law, the state of TN happens to have a statutory provision on the matter, the Tennessee Public Protection Act (TPPA). If you had an otherwise discipline-free, deficiency-free record at work, and could prove the sole reason for your termination was your refusal to break 61.53 and fly sick, you would have a solid legal argument in state or fed court.
I firmly believe one of the company's motivations in requiring doctor's notes (aside from the obvious intimidation factor) is that they want to protect themselves. If you give them doctor's notes, they know not to mess with you or they'll get sued and you'll win.
NOTE: I'm not a lawyer...this is not legal advice nor do I accept any responsibility if you get canned and lose somehow!!!