Quote:
Originally Posted by 2minuteman
Hello guys.
I was wondering if it is legal or what the thought is about a 121 carrier having a “UFE” (Unavailable For Extension) on employee attendance records when a pilot does not feel well enough to extend their max FDP because he/she is about to time out.
Is this even legal?
Thanks.
It is “legal” for a 121 Carrier to have a UFE on your employment attendance record when a pilot does not feel well enough to extend their max FDP. However, the “legality” of your Employer’s attendance record has nothing to do with 14 CFR 117.19. It just means in reference to your Employer’s recording of pilot “attendance,” they are remarking that you have refused, while in your scheduled FDP, to be extended to the maximum FDP. You may be within the legality of the FAA regulation to refuse the extension, but your Employer is tracking your refusal. They can, and do document that information.
I don’t know the full context of your question, but I’m guessing your Carrier has an Employee Manual that has references relevant to the recording your workplace attendance, even when it comes to refusing FDP extensions. Typically, such manuals are considered a way of documenting “conditions of employment” or if you accept employment for said Carrier, they have the expectation that you will abide by their Employment Manual. It is typically in the Preamble or Introduction of such a document. And, many Carriers abide by the “letter of the FAA law” but place conditions outside of the “law” as to the purpose of the refusal. The FAA doesn’t necessarily care about those conditions, unless you are being coerced or pressured to extend when you are physically fatigued or ill.
Some Carriers have FDP extensions as part of the Union (Collective Bargaining Agreement) Contract and afford pilot protections from disciplinary action if they so choose to refuse an FDP extension. Some even incentivize their pilots to accept FDP extensions.
Hope that this information is helpful.
LH