FMLA Leave and Airline Employees

The federal Family and Medical Leave Act (FMLA) provides a range of employees in South Florida with the ability to take up to 12 weeks of job-protected unpaid leave for various circumstances related to health and family. Eligibility for FMLA leave is based on two overarching prongs or factors: whether an employer is covered, and whether an employee has worked long enough and for enough hours to qualify. In the second prong, an employee must have worked for the employer for at least 12 months and for at least 1,250. The latter part of that second prong is known as the “hours of work requirement.” For most employees, it is relatively straightforward to determine eligibility in the second prong based on their weekly hours and the length of time that they have been working for a specific employer. However, there are some types of jobs in which the ordinary scheduling of that type of work can make determining FMLA eligibility more complicated.

Given that many kinds of airline employees have non-traditional work schedules, the FMLA provides specific eligibility information to certain airline employees who need to take FMLA leave. Our Palm Beach Gardens FMLA lawyers can tell you more.

FMLA Eligibility for Flight Attendants and Flight Crew Employees 

The US Department of Labor (DOL) explains that, because of non-traditional work schedules, certain airline employees including “airline flight attendants and flight crew members are subject to special eligibility requirements under the FMLA.” Their employers must still be covered employers under the FMLA (prong one discussed above).

However, flight attendants and flight crew then meet the hours of work requirement (the second part of that second prong) “if, during the 12 months prior to your need for leave, you have worked or been paid for at least 60 percent of your applicable monthly guarantee, and have worked or been paid for at least 504 hours, not including personal commute time, or time spent on vacation, medical or sick leave.”

For any flight attendant or flight crew employee who wants to take FMLA leave and has questions about eligibility, it is important to discuss your schedule, work hours, and pay during the last 12 months with a lawyer. If you are one of these types of airline employees and have faced retaliation upon returning from FMLA leave, a lawyer can help you with an FMLA claim.

Contact a Palm Beach Gardens FMLA Lawyer 

Whether you work out of the West Palm Beach airport, or out of the airports in Fort Lauderdale or Miami, it is important to know that you may be eligible for FMLA leave under a range of circumstances even if your non-traditional work schedule does not line up easily with the DOL’s discussion of employee work hour and schedule requirements. If you need to take FMLA leave for health reasons for yourself or a family member, or to care for a new child, one of the experienced Palm Beach Gardens FMLA attorneys at Sconzo Law Office can assist you. Contact us today to learn more about determining your eligibility for FMLA leave, requesting leave with your employer, and returning to your job after your FMLA leave ends.

Sources:

dol.gov/sites/dolgov/files/WHD/legacy/files/employeeguide.pdf