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Originally Posted by MQAAord  Did you qualify for FMLA? In terms of length of employment, etc? If you met the legal qualifications of FMLA, I would certainly think you have a case. |
Not necessarily. My airline routinely denies FMLA requests from pilots. Why? By law, we're not "full time employees" because we don't work 40 hours a week. How stupid is that?
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If it were me, I'd call my union every day until I found out either the arbitration date or the reason whey they're delaying. If they are dilly-dallying then I would get my own individual legal counsel and build a case not only against the company for denial of FMLA but also the union for failure of representation.
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He's have a better chance sueing the Company than the Union. If the Company is using the legal definition of "full time employee" to base the denial on, there is absolutely NOTHING the Union can do to counteract that. Believe me, we've tried.
The sad thing is that "full time employee" excuse is so bogus its laughable, but in my state, 40 hours a week is the threshold for full time status.
Considering pilots cannot fly over 30 in 7, the Companies are in the clear. They don't consider TAFB in the equation because you're not on duty.