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Old January 16th, 2008, 01:05   #28
JEP
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Default Re: Legal Advice on forced resignation

Quote:
Originally Posted by PCL_128 View Post
The FMLA doesn't refer to 1250 "compensated hours," it merely states "1,250 hours of service." It later points to the Fair Labor Standards Act as the guide for "hours of service." Any reasonable interpretation of the FLSA will lead you to determine that all pilots and FAs comply with the 1,250 hours.



It all depends on the individual contract. At Pinnacle, it would have been nearly impossible to reach 1250 credit hours for a year. At AirTran, I know many pilots that exceed that amount most years. The difference is in the "soft credits" that add up. We have lots of soft pay in our contract at AAI, but very little was in the PCL contract.
The FMLA states: The employee is then qualified to receive FMLA benefits if they worked at least 1,250 hours during the 12-month period before the leave (which translates to 25 hours per week for 50 weeks).

Worked, compensated......semantics on my part. Most people that work are paid that's why I asked about how you are treated during training events, etc...If you are not given your 'block' rate, I could see hte company saying, it wasn't work(compensated) time.

Like I mentioned, the employer will watch the hours very closely. 1185 hours and you will be denied.
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