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-   -   FMLA (https://www.airlinepilotforums.com/spirit/100428-fmla.html)

WelcomeToBen 03-06-2017 09:40 AM

FMLA
 
Looking for some feedback from somebody who has used FMLA lately. Can we use FMLA intermittently to drop individual trips or do we have to establish the dates of leave in advance? My wife and I have a little one on the way and I'm trying to figure out if it makes more sense to go the FMLA route or just use sick/vacation time to get the time off I need. Looking for the best way to take about 2 months off paid/mostly paid. I have one week of vacation scheduled the due month and another week the month after.

dn_wisconsin 03-06-2017 10:04 AM


Originally Posted by WelcomeToBen (Post 2314923)
Looking for some feedback from somebody who has used FMLA lately. Can we use FMLA intermittently to drop individual trips or do we have to establish the dates of leave in advance? My wife and I have a little one on the way and I'm trying to figure out if it makes more sense to go the FMLA route or just use sick/vacation time to get the time off I need. Looking for the best way to take about 2 months off paid/mostly paid. I have one week of vacation scheduled the due month and another week the month after.

FMLA varies. Some can be approved for intermittent and some must be continuous. If I remember right, parental leave must be contious. You can't get it approved until 30 days prior to the due date. Need the number or website?

WelcomeToBen 03-06-2017 10:10 AM


Originally Posted by dn_wisconsin (Post 2314937)
FMLA varies. Some can be approved for intermittent and some must be continuous. If I remember right, parental leave must be contious. You can't get it approved until 30 days prior to the due date. Need the number or website?

No.. I've got the number and website info. Thanks though. I was just wondering if anybody successfully used FMLA intermittently for parental leave lately.

j3gibbon 03-06-2017 10:16 AM

I was able to take intermittent before my wife's due date because she was put on bed rest, and then transitioned this to full FMLA (this was at GoJet)

NK Bumble Bee 03-06-2017 10:51 AM

First hand Spirit experience from 2014, no intermittent FLMA. Would have been extremely helpful...

gatorbird 03-06-2017 12:47 PM

I was told in 2013 that I was the last pilot to be approved by NK for intermittent paternal FMLA because "they weren't required to by law so they weren't going to any longer". I highly suggest you look at other options for childbirth, namely vacation and sick time. Keep in mind, once on FMLA, you are on leave, meaning no bidding, etc. You are well within your rights to use sick time for wife's childbirth and any subsequent care for that child/wife per the CBA.

WelcomeToBen 03-06-2017 12:58 PM


Originally Posted by gatorbird (Post 2315034)
I was told in 2013 that I was the last pilot to be approved by NK for intermittent paternal FMLA because "they weren't required to by law so they weren't going to any longer". I highly suggest you look at other options for childbirth, namely vacation and sick time. Keep in mind, once on FMLA, you are on leave, meaning no bidding, etc. You are well within your rights to use sick time for wife's childbirth and any subsequent care for that child/wife per the CBA.

Thanks. Good info. God forbid this company ever do anything for the benefit of its employees outside of what is required by law. I don't even see why intermittent FMLA would be that much of an inconvenience for them, seeing as we can just use other methods to get the time off. I'll probably do a combination of sick, vacation and unpaid drops to get the time off. Not interested in FMLA if unable to use intermittently as it would take me out of CASS and the bidding cycle.

gatorbird 03-06-2017 01:12 PM

Exactly. Given our CBA language, the only benefit to the FMLA that they'll offer us is if you wished to take unpaid leave. You could certainly contact them to see if they changed their stance on it but that was my experience a few years ago. Doing the same in May and I'm just using a combination of sick/vacation.

Jett i son 03-06-2017 01:31 PM

Is there a limit on how negative you may go in your sick bank?

WelcomeToBen 03-06-2017 01:37 PM


Originally Posted by Jett i son (Post 2315064)
Is there a limit on how negative can you may go in your sick bank?

24 hours. CBA 14.B.6

FLYBOYMATTHEW 03-06-2017 02:26 PM

When I took FMLA for the birth of my kids, I used 36 hrs of vacation and 36 hrs of sick bank to get paid min guarantee for the month. I personally would take the FMLA so you don't have to even think about work for a few weeks, you'll have enough on your plate. Just come off the leave before the monthly bid cycle so you can bid for the following month. Also, if you plan to take FMLA before the due date, it has to be coded properly on the paperwork. I believe I had to apply for 2 different types of leave, one for care for my wife before the due date and one for baby bonding after birth. I only remember that because my application for FMLA prior to the due date was initially rejected.

Gunga Din 03-06-2017 02:33 PM


Originally Posted by NK Bumble Bee (Post 2314966)
First hand Spirit experience from 2014, no intermittent FLMA. Would have been extremely helpful...

This is incorrect. Intermittent FMLA is Federal law if your Dr. says it's necessary in order to care for a family member who needs it, to go to Dr appointments, therapy etc. The Dr. has to describe the reasons for continuing leave. Pregnancy or one time illness don't count.

http://topics.hrhero.com/fmla-intermittent-leave/#

They can't discipline you for taking time off to care for family members covered under this law.

gatorbird 03-06-2017 02:46 PM


Originally Posted by Gunga Din (Post 2315104)
This is incorrect. Intermittent FMLA is Federal law if your Dr. says it's necessary in order to care for a family member who needs it, to go to Dr appointments, therapy etc. The Dr. has to describe the reasons for continuing leave. Pregnancy or one time illness don't count.

http://topics.hrhero.com/fmla-intermittent-leave/#

They can't discipline you for taking time off to care for family members covered under this law.

Correct, in order to get intermittent approval there has to be a circumstance calling for it; a normal pregnancy doesn't qualify as I understand. HOWEVER, the CBA allows for care for yourself or wife/husband/child.

dn_wisconsin 03-06-2017 03:50 PM


Originally Posted by Gunga Din (Post 2315104)
This is incorrect. Intermittent FMLA is Federal law if your Dr. says it's necessary in order to care for a family member who needs it, to go to Dr appointments, therapy etc. The Dr. has to describe the reasons for continuing leave. Pregnancy or one time illness don't count.

Intermittent FMLA Leave | HR Topics for human resources

They can't discipline you for taking time off to care for family members covered under this law.

I think he was talking about parental FMLA after the birth of a child not all FMLA. I have intermittent for a chronic illness.

symbian simian 03-07-2017 08:44 PM

I was denied intermittent FMLA for family by spirit last year. Reason according hr: intermittent only if you are the medical one......

The real Mike O 03-16-2017 10:29 AM

You are CONTRACTUALLY protected for up to 12 months off for the birth/adoption of a child.

In 2014 I was denied FMLA 4 times for the birth of a child, ALPA national was involved, Doncaster called and explained to me that it is the CBA that allows the 12 months and other time for family and stuff like that.

dn_wisconsin 03-16-2017 03:28 PM


Originally Posted by The real Mike O (Post 2321898)
You are CONTRACTUALLY protected for up to 12 months off for the birth/adoption of a child.

In 2014 I was denied FMLA 4 times for the birth of a child, ALPA national was involved, Doncaster called and explained to me that it is the CBA that allows the 12 months and other time for family and stuff like that.

Think you mean 12 weeks and it's good for a year?

NK Bumble Bee 03-17-2017 05:12 AM


Originally Posted by dn_wisconsin (Post 2322170)
Think you mean 12 weeks and it's good for a year?

Nope, see 13.C.1. If you have served 12 months with the company you are eligible for 12 months off for birth, adoption, or care of immediate family member health needs. 72 months for personal health issue.

The real Mike O 03-17-2017 07:13 AM

What he said. I was never approved for FMLA with the 3rd party vendor.

And then after I returned they sent me a survey...I actually got a call back from some guy who listened to me make some suggestions. Like don't send the denial email Friday night at 10pm when no one will be in the office until Monday...I spent more that one weekend fuming about the denial.

Anyway, apply if they don't approve it...forget it, short call them when your wife goes into labor.


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