One of the things I find a bit devious is the end-around of medical privacy this settlement agreement and implementation of the STS program accomplishes.

Previously, you could send a letter and/or discuss with Harvey Watt medical details and they would simply relay to the company that you were fit or unfit under the FARs for medical qualification. It was my understanding that zero medical details were passed--the whole purpose of the Aeromedical Advisor was this buffering of medical privacy.

This STS ticket system is accessed by Harvey Watt AND fleet management. For the first time, medical note details from your sick note are directly given to management--a horrible agreement for our union to have ever agreed to. I'm glad my doctor won't say anything else than "under my care" in his sick notes per his policy. I guess I'll be seeing trips dropped without make up or pay under this implementation. One of the interesting side effects of this policy I think is that the company will see increased use of sick leave across the pilot group as the "downside" of having to get a note when calling sick over holidays is removed. Now you'll have to get sick notes more frequently and the onus of holiday sick just becomes like any other day, and if your doctor won't violate his interpretation of HIPAA, you get the day off legitimately sick--you just don't get paid. Welcome to a creeping move back towards pilot handbook days again where the company gets its way with very little protection for us. Very disappointed in ALPA that a clear aspect of the contract is now changed with very little effort by the company. Harrison and Ford wins again.

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Dr Kendall fulfilled this Aeromedical Advisor role for the company for many years and I believe he built up a reservoir of trust with the pilots as I had never heard one word from anyone that he violated their medical privacy, he was very quick and complete in his reviews, seemed to be a very straight shooter, and was not complicated to deal with. It was a loss for both the company and the pilots when he retired.

Harvey Watt now fulfills this Aeromedical Advisor role. And they do it for other airlines too. But, while I don't have direct experience to relate, I have heard much less favorable stories about their speed, accuracy, and ease of working with them. I have also heard they require much more detail, paperwork, and information than Dr Kendall ever did. The impression I get from others is that Harvey Watt works for the company while Dr Kendall worked for the pilots and the company. It's kind of like the arbitrators, in that the system now feels like it is tilted against us instead of neutral, as Harvey Watt has a vested, financial interest in being responsive to the company whereas Dr Kendall I really felt would have quit if asked to do something unprofessional or unethical from the company. (I have no data on any of this, just the impressions built up through many conversations about people's experiences over the years.)

It all comes down to this. I will call in sick when I don't meet the I'M SAFE or FAR criteria--just like I always have. I will sometimes have seen the doc and sometimes not. I probably won't provide sick notes, as they won't have the detail the company now insists on, and therefore it will be a wasted effort. But, now this failure to provide a note CAN be an element of chapter 19 proceedings although not the sole basis.

I think all of this will have unintended repercussions for the company from the pilot group as a whole. The company is pushing too far and becoming too legalistic with everything. It's beginning to feel like death from a thousand small cuts. I think not only I but others feel less valued and only a cog in the machine. Why would a cog want to put forth any extra effort to provide the purple promise? Why would a cog ever push fatigue? Why would a cog every do anything extra? The company will get a professional effort from me every time I fly, but the feeling of this being more than a good paycheck and a great job is eroding fast and it makes me sad.

 

I'm not convinced this "settlement agreement" can negotiate away the fundamental rights a patient has to privacy of medical conditions/records! Am I correct in the interpretation of this policy as saying the employee is being compelled to provide confidential medical conditions/reports or face not getting paid?

There have certainly been lawsuits for torts of invasion of privacy of medical records in the past. It will be interesting to see the legal challenges.

I guess the legal question is, "When does a "doctor's note" become a medical report?"

 

While I'm not a lawyer, I do know that you can't negotiate anything that is contrary to law and have it pass muster. There were lawyers involved in crafting this settlement agreement on both sides so I would be surprised if it doesn't pass muster. But, I too am curious how they get around some of the HIPAA provisions.

 

Why all the whining? Everybody wanted a better retirement plan, right?

Well, this is the way we negotiate better retirement benefits these days. If pilots can be driven to use less of their sick leave...Their SLB will be that much bigger(well, 50% bigger) at retirement. Voila! A better retirement plan.

 

Yes but legal interpretations are challenged all the time!

 

Oh, and when they DROP the trip, there is NO CREDIT to the make-up bank.

That's a negative consequence, otherwise known as discipline.

If you simply drop a trip, you are given the opportunity to make it up at some point in the future. If The Company doesn't like your sick excuse, you're out the pay, and you don't get to make it up.





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Doctors note says: "Not fit for duty for a headache."

Management: "Should have taken an aspirin and reported to work. Sick leave denied"

This is going to get ugly fast if this is the road we're heading down. The DAMN Union opened this door and I am straight up ****ED.

Why does management need to see, know, and track our sick leave requirements? If you have 3 headache notes in 6 months....your now place on NOQ status and directed to a brain surgeon for a full workup?

Three back ache problems and now your NOQ for a full back evaluation?

My kids overheard my wife and I discussing this. Stupid of me to vent where they could hear. My youngest is now concerned we are not going to get paid or Dad is going to fly sick when he shouldn't. I wish I'd had a video of her little face to post online - so all could see the impact of the company pushing pilots with sick policy. All made worse by my Union signing up for this abortion.

 

Got a stomach ache....Not sure if your sick leave will be approved? Options:

1). Call in sick and roll the dice for loss of pay, being tracked like a stock, and publicly humiliated for your weakness on such a trivial matter.
2). Call in fatigued and at least get the hours in my sick bank.
3). Call/email our Chief Pilot and ask for permission to be sick....a pre-approval of sorts so you know somewhat how this total jeopardy situation will unfold.

 

Not so fast ... pardon the pun.

First, the settlement agreement was signed July 5, 2016. Here's the last paragraph:
Note the date of the PFC.com announcement, July 6, 2017, and the planned implementation date, July 10, 2017.

So much for The Company holding up their end of a bargain. Try submitting your sick note 6 months late.




You may recall we discussed the Settlement Agreement itself about a year ago.

Then we were focused on the 3 options for clearing your name, and the probable tendency of many to go with option 3, "Surrender your privacy protections and Plead with your chief pilot."


The biggest news I see in this "News Release" is that the note which reads, "Capt. Hero was under my care. Signed - Dr. Shivago" will not suffice.

We still don't have any more information about the extra-contractual point system or thresholds which the automated system will use to trigger SCP review of our sick bank usage.







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The best return anyone could ever get on the SLB was 50% of the sick bank, and the formula insures that percentage goes down in future years. You know what's better than 50%? 51% - 100%, which is what many pilots will attempt to do through sick bank usage. This process, AGREED TO BY OUR GRIEVANCE COMMITTEE, not negotiated and ratified by the membership, amounts to an assault on the pilot's ability to use his sick bank.


It keeps getting better and better.






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