American ordered to reimburse sick pilot

The Department of Labor has ordered American Airlines to reimburse a pilot for allegedly retaliating against him after he reported he was too sick to fly. According to the department, the airline "rejected medical documentation that the pilot provided in accordance with American's internal policy, and later deducted sick pay that had already been paid from the pilot's paycheck."

The pilot filed a complaint, which was investigated by the New York office of the Occupational Safety and Health Administration. American was required to repay the pilot for sick time lost, plus interest, and any other benefits that were denied. The airline was also ordered to hang posters outlining workers whistleblower rights.

"A policy that forces pilots to make a choice between flying when they are too sick to do so and being retaliated against violates the law," said Robert D. Kulick, regional administrator for OSHA's New York region, in a news release. "While OSHA is best known for ensuring the safety and health of employees, it is also the federal government's main whistleblower protection agency."

Sick time has long been a contentious issue between American and its pilots union. Labor leaders claim that the airline uses its sick policy to harass pilots and tries to force sick pilots to fly. Airline officials deny those allegations, and say they merely enforce the policy that's on the books.

- Trebor Banstetter

Comments

[Frank]

Now this, after the impression was given to the flying public a few days ago, that American doesn't want its pilots to get adequate rest.

I'm beginning to think the company is angry its unions didn't refuse the 2003 paycuts and give the company someone to blame for a bankruptcy filing as they had threatened and the (mis)management is doing all in its power to again force the issue due to its poor business practices.

These clowns are consistantly shooting themselves in the foot re: PR and otherwise sheer stupidity. This may well be the level of individual that comes out of MBA school these days but the shareholders should be rather angry regardless.

[dc8]

it appears to me that american airlines thinks they are above the law. once again this proves that aa doesn,t give a damm about their employees. so just keep on thinking this aa, and the more you violate the more we will retaliate in accordance to the law. hats off to the pilot and osha for enforcing our rights.

[retired]

If people would look at the bigger picture here and realize that pilots have too much leniency when calling in sick. They do not have to provide any documentation until after 30 days of consecutive sick days. I know of no other profession that allows such leave without penalty. This is one work rule that needs to be changed and pilots need to be held accountable much sooner for their sick time off just as the rest of us are. This case was unfortunate for both parties, but it is a glaring example of what happens when there is too much leeway in the rule and subsequent enforcement.

[Disturbed]

Piloting an aircraft requires complex cognitive and physical skills.

The FAA gives the pilot full authority to determine whether he's "fit" enough to safely pilot these highly complex machines, loaded with many lives.

The FAA requires THE PILOT, not AA to make this determination whether he is not well enough to fly an airplane. It should end there.

For AA to be the "judge and jury" in the determination of what constitutes adequate documentation for sick benefits is like the "fox watching the hen house". The FAA requires no such documentation, they only require that you not fly when you are not well. PERIOD. As such, the pilot is entitled to contractual sick benefits for precisely these situations.

The magnitude of a pilot's responsibility requires this judgment to be made every time before flight.

It is clear that AA is trying to get away with "Old Fashioned PILOT PUSHING"! That this FAA administrator is mute on this enforcement, shows that they are complicit in yet another "worm-hole" in aviation safety structure.

Quite frankly, passengers should be very Disturbed by this practice.

Disturbed

[dfwaaflyer]

sounds like a very charged issue between the company and its pilots. it's hard to make a judgment on this specific case without knowing all the facts. in general, I don't think requiring medical documentation for illness (more than a few days) is unreasonable. I've never had a job where it wasn't required for a week or more out of the office.

[Frank]

sounds like a very charged issue between the company and its pilots. it's hard to make a judgment on this specific case without knowing all the facts. in general, I don't think requiring medical documentation for illness (more than a few days) is unreasonable. I've never had a job where it wasn't required for a week or more out of the office.
Posted by: dfwaaflyer
_________________

Your employer has no right under the HIPPA law to require anything other than proof you saw a doctor - they have NO right to diagnosis and treatment information.

You state " a week or more out of the office " - that says it all. While requiring diagnosis and treatment info upon one's return is illegal, office politics dictates you will supply same or eventually be terminated for the first available offense - you didn't submit to the will of the boss and weren't a "team player".

[Disturbed]

ORF said.....
"This is one work rule that needs to be changed and pilots need to be held accountable much sooner for their sick time off just as the rest of us are."

If the company feels that this "rule" needs to be changed....there exists a "process" for doing so. It's called Collective Bargaining.

The fact is............the company is making a GRAB for our workrules without benefit of the Collective Bargaining. They are simply "taking" our workrules with no discussion.

The FAA is very clear.....pilots who do not feel well enough to fly........ARE PROHIBITED from flying.

Our contract provides an allotment of sick time. We are in section 6, they are free to engage us in negotiation. But they will not get something for nothing.

KMA

[John S]

Distrubed: no one is saying that pilots should not have sole authority to certify flight worthiness. What AA medical judged here is whether or not these pilots were in compliance with their contractual obligations relative to using sick time.

AA has to protect its interests like any other company. Pilots staged a sick out (1993, was it?) so in my view AA is justified in monitoring sick time use by its employees.

[Warhead]

If you are using sick time for something other than being sick, then you are doing something illegal. Something AA pilots have gotten in trouble for doing before. If you are truly sick, then you should have no problem providing evidence of such. Unless of course, you are being dishonest and I'm sure there's never been a tendency for AA pilots to be dishonest, right?

[DaveA]

This is a sensitive issue, obviously. I absolutely don't want a pilot commanding a bird that I'm on that isn't feeling at or near 100%. Most of these men and women are professional enough that they're not going to play hooky with any degree of regularity. However, given the contentious nature of management/APA relations, the company has every right (or should, anyway), to investigate when it suspects someone is abusing an already generous sick leave policy.

[MIT's Credibility is For Sale!]

You don't "impose" a workrule on a workforce represented by a collective bargaining unit.

AA wants something for nothing. Just like the China deal.

If they want this rule....they need to go through the "process" of collective bargaining to get it.

AA is simply "taking" this workrule. That's stealing from their employees. I'm certain AMR executives have never stolen from their employees before. Right?! ;)

[dc8]

oh john s the aa a.. kisser. didn,t i tell you once before to go away with your ignorance. i told that arpey wants you to clean his tiolets . so chop chop you cubical moron and start scrubbing. then after that you can come over and clean my cat litter box.

[Frank]

Considering the Department of Labor (presently Elaine Chou's anti worker outfit) said the pilot had provided the demanded documentation and still had his pay docked, I'd say it was a pretty serious allegation - serious enough that it had to be dealt with quickly before a pro-worker labor dept. took over.

Abuse of sicktime isn't an issue as the pilot had proper documentation.

At issue is a company that's more in tune with a balance sheet than its people, even though the workers are called the company's greatest asset (a total yuppie fabrication), but that's to be expected considering the worthless and greedy prevaricators driving the boat.