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-   -   Doctors Note from Employer, This is not legal (https://www.airlinepilotforums.com/regional/96740-doctors-note-employer-not-legal.html)

BuckeyeFAN 08-20-2016 05:59 AM

Doctors Note from Employer, This is not legal
 
I received an email from the MEC addressing the requirement from our company for a doctors note if calling in sick. A pilot is basically self certifying every time they decide to fly an airplane. No company can legally require a doctors note! Please reference below. This topic seems to rear its ugly head through out time.

61.53 Prohibition on operations during medical deficiency.
Back to Pilot FAQ Index

(a) Operations that require a medical certificate. Except as provided for in paragraph (b) of this section, a person who holds a current medical certificate issued under part 67 of this chapter shall not act as pilot in command, or in any other capacity as a required pilot flight crewmember, while that person:

(1) Knows or has reason to know of any medical condition that would make the person unable to meet the requirements for the medical certificate necessary for the pilot operation; or

(2) Is taking medication or receiving other treatment for a medical condition that results in the person being unable to meet the requirements for the medical certificate necessary for the pilot operation.

Riverside 08-20-2016 06:28 AM

Good luck with that. If the company demands a doctor note they are paying for it.

CLT Guy 08-20-2016 06:30 AM

If your company requires a doctors note, you are working for the wrong company. No need to bring the FAR's into the discussion, just go to another company. Period.

lakehouse 08-20-2016 06:32 AM


Originally Posted by CLT Guy (Post 2184373)
If your company requires a doctors note, you are working for the wrong company. No need to bring the FAR's into the discussion, just go to another company. Period.

Tell that to any United pilot out for over a month.

CLT Guy 08-20-2016 06:34 AM


Originally Posted by lakehouse (Post 2184375)
Tell that to any United pilot out for over a month.

Out for over a month is completely acceptable to require a note. Heck, I'd almost demand a note that says that you are ready to come back to work if you are off that long. That is just common sense.

But if you miss one day due to a sinus infection, and need a note, go get another job.

paintballrules 08-20-2016 06:55 AM


Originally Posted by CLT Guy (Post 2184373)
If your company requires a doctors note, you are working for the wrong company. No need to bring the FAR's into the discussion, just go to another company. Period.

Ya because you know... Restarting at a different company in this industry doesn't put you all the way back to the bottom of anything...oh wait... Just go to another company give me a break

BuckeyeFAN 08-20-2016 06:58 AM

Re: Doctors Note
 
Just trying to educate people on this topic!!!!

JohnnyDingus 08-20-2016 07:22 AM


Originally Posted by paintballrules (Post 2184387)
Ya because you know... Restarting at a different company in this industry doesn't put you all the way back to the bottom of anything...oh wait... Just go to another company give me a break



Hahaha. Yeah duh, quit your company. Go to another regional or major and start over. Possibly commute too.

knewyork 08-20-2016 07:31 AM

You guys know he probably didn't seriously mean "go get another job"? It was more of an expression. Jeez

Lvlng4Spd 08-20-2016 08:31 AM


Originally Posted by lakehouse (Post 2184375)
Tell that to any United pilot out for over a month.

Well if he was an Envoy pilot he would probably have a wire tap and a friendly following from operatives of the KGB at that point.

Pilotatheart 08-20-2016 11:05 AM


Originally Posted by CLT Guy (Post 2184373)
If your company requires a doctors note, you are working for the wrong company. No need to bring the FAR's into the discussion, just go to another company. Period.

PSA will ask for doctor's note only in case of excessive absenteeism.

Poser765 08-20-2016 11:42 AM


Originally Posted by BuckeyeFAN (Post 2184388)
Just trying to educate people on this topic!!!!

Ok, so what in 61.53 are you reading that says it is illegal for an employer to ask for a note from a doctor in the event of a sick call?

I mean I understand the whole self certify thing, but it can really get out of hand. If for some reason I just don't feel like flying because I would rather be home watching Gilmore Girls, is that a valid sick call? Am I unfit to fly because I'm just "not feeling it?"

iFlyRC 08-20-2016 11:58 AM

Pull out the FARS, such a thing would get you fired at GoJet

Poser765 08-20-2016 12:57 PM


Originally Posted by iFlyRC (Post 2184594)
Pull out the FARS, such a thing would get you fired at GoJet

Are you responding to me? If so, I would imagine that kind of thing would get you fired just about anywhere. What I was really getting at and wondering was how the OP make the leap from a pilot being required to self certify themselves airworthy to it's illegal for a company to require a doctor's note.

Seems like quite the leap of logic.

BuckeyeFAN 08-20-2016 02:38 PM

Re: Doctors Note
 
I guess the education part of my post is difficult to understand for some. Do you run to the doctor every time you have a cold? My point is that there a lot of people out there that do not realize this including the management folks. If one has the fortitude and points this out to the requesting party then they really do not have a leg to stand on. As an educated pilot I determine if I am fit to fly over everyone else. If the occurrence happens often, then maybe I would need to seek medical help and a doctors note is no big deal.

RemoveB4Flight 08-20-2016 02:44 PM

I've never been asked for a doctors note. At most companies I think that typically only happens if you have an excessive number of sick calls.
If someone is calling in sick constantly then I think a doctors note could be justified. Some people abuse it.

Bob Loblaw 08-20-2016 02:46 PM


Originally Posted by RemoveB4Flight (Post 2184717)
I've never been asked for a doctors note. At most companies I think that typically only happens if you have an excessive number of sick calls.
If someone is calling in sick constantly then I think a doctors note could be justified. Some people abuse it.

Exactly. And the company pays for the doctors visit.

ChipChelios 08-20-2016 02:46 PM

Who currently requires a note for a sick call?

Bob Loblaw 08-20-2016 02:54 PM


Originally Posted by ChipChelios (Post 2184721)
Who currently requires a note for a sick call?

It's been an envoy policy at least since it was called American Eagle. If you get too many occurrences, you may find yourself on the 90 day doc note list. Though, according to the latest conference call, they've been skipping steps and going straight to a first step advisory for 4 sick calls in a rolling 12 months.

PressOff 08-20-2016 03:20 PM

First and only time I called in sick at CP I was told to show a Dr's note. It was over a holiday.

Poser765 08-20-2016 04:04 PM


Originally Posted by BuckeyeFAN (Post 2184711)
I guess the education part of my post is difficult to understand for some. Do you run to the doctor every time you have a cold? My point is that there a lot of people out there that do not realize this including the management folks. If one has the fortitude and points this out to the requesting party then they really do not have a leg to stand on. As an educated pilot I determine if I am fit to fly over everyone else. If the occurrence happens often, then maybe I would need to seek medical help and a doctors note is no big deal.

That's all well and good, and I agree with you...but that's a far cry from being illegal.

Name User 08-20-2016 04:08 PM

AWAC once sent a guy to the doctor for calling in sick. Went to the ER (company has to pay now when they require it) they found some huge issue and he went into surgery right away. It literally saved his life.


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