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Old 06-05-2012 | 09:52 AM
  #21  
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Originally Posted by dragon
My first CP at DAL told me, "While you're only supposed to use sick leave for yourself, if your family is sick(surgery), you mind isn't in the cockpit and I don't want the rest of you there either."
Anyone with an ounce of leadership in them would say the same thing. And most of the time most of the guys would probably be cool with it. But what about some lackey that wants to throw you under the bus (the "just following orders" types)? What are you expected to do, go get a note saying that you are mentally unfit to fly? So now you have a documented mental condition? Have fun with that on your next medical.

The new sick policy has some very scarry potential consequences with really zero gains. What difference does it make if you raise the threshold of harassment if you then include a catch all blank check for harassment?
Old 06-05-2012 | 09:56 AM
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Originally Posted by gloopy
Under the TA is a pilot obligated by law to waive his/her HIPPA rights? IOW, is a CBA even enforceable from the company's standpoint if and when it tries to overrule a rather strong federal law?
My understanding is they can ask for medical records now. Now or in the TA, I would make sure that I got advice before I handed them over.
Old 06-05-2012 | 09:59 AM
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Originally Posted by shiznit
I think it is silly too, and while I doubt if any DAL CP would care right now, if you happen across a "special type" of flight ops mgr. in the future it could make you a "hostage" in negotiations.

Just sayin be careful..... I don't agree with it either, but I don't take chances.
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Old 06-05-2012 | 10:16 AM
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Originally Posted by Wingnutdal
My understanding is they can ask for medical records now. Now or in the TA, I would make sure that I got advice before I handed them over.
What if you just say "I do not waive any of my HIPPA rights under Federal law; with that said, you may collect any records you otherwise have the legal right to"?
Old 06-05-2012 | 10:17 AM
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Originally Posted by gloopy
What if you just say "I do not waive any of my HIPPA rights under Federal law; with that said, you may collect any records you otherwise have the legal right to"?
I don't honestly know, but I would before I gave them anything.
Old 06-05-2012 | 10:30 AM
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It's easy.

Get a note saying you are well and can work. Don't mention the reason you were unable.

All you need the note to say is that you are fit and able to work as of the present time.

Call it a: "return to work note"
Old 06-05-2012 | 10:56 AM
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Originally Posted by shiznit
It's easy.

Get a note saying you are well and can work. Don't mention the reason you were unable.

All you need the note to say is that you are fit and able to work as of the present time.

Call it a: "return to work note"
So they can't require a sick note, only a well note?
Old 06-05-2012 | 12:13 PM
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Originally Posted by gloopy
Under the TA is a pilot obligated by law to waive his/her HIPPA rights? IOW, is a CBA even enforceable from the company's standpoint if and when it tries to overrule a rather strong federal law?
I asked my labor lawyer cousin the same thing (he works for a company similar to Ford & Harrison in STL), and he said there's no precedent for a CBA trumping HIPPA. FWIW, I showed him the language and he didn't interpret it as a demand to release actual medical documentation directly to a company representative. He said if it were him, he wouldn't worry about it.

He was not similarly unconcerned with the "good faith basis" clause...
Old 06-05-2012 | 12:29 PM
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Originally Posted by gloopy
So they can't require a sick note, only a well note?
They can ask for "verification". This can be the CP calling and asking you what is wrong. If he's satisfied, then you're verified. If not, DAL has to pay for you to go to the Doctor and get a note.

Guys are making WAY too big of a deal about this. I'm all for privacy rights, but does anyone think it's unreasonable for Delta to ask for verification of a sick call if the pilot is over 100 hours (that's significantly more than a month's worth of flying?) If you're playing even mostly within the rules you have nothing to worry about.

Color me unconcerned about this one.

BTW, some of the improvements are:

1. 100% pay for ALL sick time used
2. 270 hours annually for guys over 20 years
3. Ability to borrow 50 hours from next year's balance
4. Ability to call in well without jeopardy of losing pay. Additionally you can "fly-back" your sick balance if you'd rather preserve it for future use throughout the year.

Probably a few more I can't think of off the top of my head. So far I'm not seeing the "concessions" on this one.
Old 06-05-2012 | 12:38 PM
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Originally Posted by gloopy
Anyone with an ounce of leadership in them would say the same thing. And most of the time most of the guys would probably be cool with it. But what about some lackey that wants to throw you under the bus (the "just following orders" types)? What are you expected to do, go get a note saying that you are mentally unfit to fly? So now you have a documented mental condition? Have fun with that on your next medical.

The new sick policy has some very scarry potential consequences with really zero gains. What difference does it make if you raise the threshold of harassment if you then include a catch all blank check for harassment?
See my previous post.

I enjoy a spirited debate, and I recognize that your perspective may be different than mine. I do find it hard to believe that you consider the examples I posted above as "really zero gains."

If your agenda is to blow this TA out of the water no matter what, then fine. I respect your conviction. However, you lose credibility when you post incorrect information. This comes from someone who has learned quite a bit from your posts - especially regarding scope.

If your aim is to have a factual discussion of the merits/downsides of the TA then we have to deal in facts.
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