Q. Why is it that the company can question the use of an earned negotiated benefit (Sick Time)?– Danny Hightower, Facility Maintenance Hangars 1 & 2.
If the supervisor wants to speak with you about your sick time you should take your shop steward with you if one is available. If your are accused of sick time abuse, follow the sick time harassment procedures in the contract under Article 34 and or file a grievance.
ARTICLE 24 – ABSENCE FROM DUTY
“(b) The Company acknowledges the right of an employee to use his sick leave benefit for the purpose intended in this Agreement, as set forth in Article 34, Accordingly, no employee will be disciplined for the use of his sick leave benefit for such purpose.”
ARTICLE 34 – SICK LEAVE/UNUSED SICK LEAVE
(e) The intended purpose of the sick leave benefit is to protect the earnings of the Employee during necessary absence from work due to illness or injury, and to aid the Employee in meeting bills when sickness or injury have temporarily taken away his ability to work. The parties acknowledge that the statements in the booklet entitled, “Attendance Control Guidelines and the Sick Leave Benefit”, originally distributed in August of 1969, do not conflict with the rights of employees under this Agreement. Accordingly, the Company will take the following actions before issuing a disciplinary notice for unsatisfactory attendance to an employee with a sick leave balance when such disciplinary notice considers occasions of absence involving sick leave.
(1) The supervisor will conduct a full discussion with the employee concerning his attendance record.
(2) If abuse of the sick leave policy referred to in Article 34 is suspected, the employee will be so advised of the reasons for suspected abuse. The employee may request those reasons in writing.
(3) Requiring the employee to provide a doctor’s slip stating he was treated for an illness or injury for sick leave eligibility in accordance with Article 34.
(4) A disciplinary notice issued subject to these conditions and actions will include the charge of suspected abuse of sick leave in connection with the involved absence(s). (5) These procedures will not apply to any incident where an employee is charged with the fraudulent abuse of the sick leave benefit.
(f) When an employee has a sick leave balance, it will not be the policy of the Company to require a slip from his doctor stating treatment for an illness or injury for all absences of one (1) to three (3) days in order for an employee to be eligible for sick leave pay, however, the Company reserves the right to require a doctor’s slip whenever circumstances indicate suspected abuses of the sick leave policy.
(1) Any employee suspected of abusing sick leave and who may be required to furnish a doctor’s slip stating that he was treated for an illness or injury will first have the circumstances leading to the suspicion fully discussed with him. He may, if he so desires, have a Union representative present during the discussion. Subsequent to this discussion, if the Company decides that a doctor’s slip is required, he will be given written notice of this requirement. Upon request of the employee, the specific reasons for the suspected abuse will be supplied to him, in writing. The requirement for this slip from the doctor will expire ninety (90) calendar days from the effective date of the written notice.
(2) Upon request of the Local Union President, any employee claiming harassment as a result of being required to furnish a doctor’s slip will have the opportunity to present his written claim for relief to a panel composed of the Vice President-Employee Relations and the Director of the Air Transport Division or their designee.
If you have health issues that may cause you to miss work more than normal, it is important that you file for FMLA (Family Medical Leave Act) to protect yourself from company abuse. The Union and the company must follow Federal and HIPPAA (Health Insurance Portability and Accountability Act) laws. All members should read the complete Articles 24, 34 and 39 in the TWU-AA Agreement and familiarize themselves with FMLA.