A Philadelphia-based American Airlines flight attendant named Jace was diagnosed with testicular cancer less than a year into his job. While his doctors wanted him to get surgery and chemotherapy right away, taking the full time off for treatment might mean losing his job.
According to the flight attendants union at American, he “shared his diagnosis with his manager [who told him] he didn’t qualify for FMLA” back in December when this happened.
The Family Medical Leave Act requires employers to offer 12 weeks of unpaid leave while protecting the employee’s job. However to be eligible for this the employee must have worked 1,250 hours or more in the preceding 12 months. Jace met the required hours, but had not been employed for 12 months. As a result, American Airlines wasn’t legally required to offer this medical leave.
He did take medical leave for surgery. And he received attendance demerit points for doing so. The American Airlines attendance system awards points for not showing up to work even when taking contractually-allowed sick days. An employee taking sick time during peak periods for the airline can be subject to a performance review and even terminated.
The union reports that “[n]o one from management called to check on him while he was out for surgery. No one asked how he was doing or when he thought he could return.”
“Am I going to have a job when I come back?” Jace remembered thinking. “Am I going to be in trouble?”
He couldn’t do chemo without risk of losing his job, so he delayed until the federal government would require the airline to give him leave under FMLA this summer. That put his life at risk, but hopefully won’t be too late to now get treatment.
The union blames the company for failing to care for its employees, but the union never negotiated a contract that would have allowed for medical leave in Jace’s condition. Perhaps this was an oversight as they rushed to push for US Airways to take over American. But there doesn’t appear to be anything in the union’s current contract negotiations that would address this either.
The union even worked with American to bring back the points system, after a pandemic pause, because it pressed flight attendants into showing up for shifts – which the union wanted in order to reduce the need for senior crew to be scheduled for reserve as a backup. I’m not sure the Association of Professional Flight Attendants has clean hands here, either.
Medicare for all. Period.
@drrichard….from the CEO voted #1. Where is the emoji on the floor laughing?
I’m sure this story isn’t unique to American Airlines or the airline industry. It’s an effect of the employer-based health care system we have in this country.
@drrichard: I’m behind you on that.
I am s clinical psychologist in Chicago. My heart goes out to this young man. The human resource personnel with this airline should be absolutely ashamed of themselves. KARMA is out there people !!!’n
American Airlines really cares about their flight attendants and cancer
https://uk.sports.yahoo.com/news/american-airlines-flight-attendant-says-083000524.html
@drrichard and @KimmieA
we already have government run medical care. its called VA Health Care try it and you will never want government run health care.
ask me how i know
“Medicare for all. Period.”
Yep, a problem created by government will be solved by further government intervention. You can’t make this stuff up.
I am sure he started paying union dues on day one when he was first hired. I always thought unions would be more helpful to its members in getting these types of issues resolved.
@JOJO
Not sure what your experience with VA medical care has been, but obviously you are displeased. My experience over the last 30 years has been nothing less than outstanding. Yes, during the Vietnam era the VA was poorly run and did a disservice to our veterans, but that is ancient history. Not only have I gotten excellent medical care but everyone at the VA clinics and hospitals have been respectful and appreciative for my years of service. I have had far more problems dealing with Medicare than with the VA, so I can understand your unhappiness with government run healthcare, but the VA does not fit that narrative.
Don’t blame the union. We can’t represent the individual. We represent the collective. This is something the Airline could have forgiven, but refused to. Its completely on the airline. And it is BS that you alude that this is in ANY WAY the unions fault. The Airline would want a concession to get that. What does a union give up giving the individual one-off situations a break? So 27,000 flight attendants are supposed to give up something to gain something for this one FA? Thats how this works. It is a no win situation with people like you. If they did negotiate something you would criticize them for giving up something to get very little in return. We have to pick our battles and get the most we can without giving up much.
FMLA itself is under attack, and a points system is draconian. You say that the union fought to bring it back. I highly doubt that. They didn’t want a points system in the first place. They didn’t even want an attendance policy. But they had to give up something to gain something. Since when you ever negotiate a contract when you just freely gave something away in a business transaction out of the goodness of your heart. I can tell you live in Texas Gary. You take every opportunity to make digs at unions.
This was AA being a crappy employer. No need for the union to do anything here except make an appeal on behalf of the Airline, then rag on the airline when the airlines says “policy”. The airline is in control here. They can suspend policy and give him FMLA, but they refused to. They can suspend attendance policies as an act of compassion. But did they? Nope. Thats on AA, not the union.
It’s exactly the nirvana of deregulation in action.
Why so many sheeples vote for politicians that want a world like this beyond me.
This should be classified as “attempted” homocide ! Fulstop !
While I can’t prove or disprove any of the allegations noted in the article, this is a great reason for Delta flight attendants to quit thinking about a union “covering your butt with a contract”. If it ain’t (sic) in the contract…we don’t have to provide. There will always be complainers but Delta is so much better off without unions. When I had to take 3 months off, the company made sure that my long term health care salary was “turned on”. My manager called me about every two weeks, with, “how are you doing…what can WE do to help you?” Makes a big difference in attitudes. I do hope the American flight attendant is gonna be OK.
@Jake – deregulation? Flight attendants are governed by a union contract under the Railway Labor Act, and American Airlines is complying with the Family Medical Leave Act.
It simply illustrates the fact that the US is a home for those who believe employees are in fact slaves and an asset to be exploited. It is unacceptable that that a person should be forced to delay urgent medical interventions and therefore risk their life. If the person was suffering from a potentially terminal infectious or contagious disease would they be expected to turn up for work?
So many people that didn’t actually read what he said.
This isn’t a health insurance problem! This is a time-off-work problem.
And I think placing the blame on the union is right in this case–this is yet another case of unions favoring the senior over the junior. In unionized industries it removes the most powerful weapon the worker has to raise his income: his feet. Thus the union protects it’s own power by taking power from the workers.
As for UHC systems: I’d love to see one that works. Unfortunately, reality shows us that they leave a lot to be desired. The US has three systems which are effectively UHC: Medicare, Medicaid and Tricare (veterans). All are inferior to decent coverage from your employer. Medicare/Medicaid use the power of the government to coerce healthcare providers into accepting it–if they were doing a decent job this wouldn’t be needed.
How about flipping the script here?
1) Require insurance companies to actually have adequate providers. Instead of rules that will get evaded the burden is on them–if the patient asks them for an appointment they must find one within 30 days or the patient is free to see any such doctor and pay as if they are in network.
2) Substantially lower the deductibles and out-of-pocket max on insurance.
3) Improper denials cost the insurance company $1k + 5x the amount in question + plus costs if legal action is taken. Denials must be by a doctor and are considered practicing medicine–subject to malpractice and license actions.
4) The government pays the insurance exchange an amount equal to the cheapest plan you qualify for.
Unbelievable …. Simply Unbelievable that AA didn’t step up and at least call , text , snail mail or email this young man and ask how he is doing or how can we (AA) help . Those are a few of the many exact phrases each AA flight attendant asks the travelling public daily . Unbelievable and Unacceptable for any company , especially the largest airline in the world . Unbelievable …
@drrichard
No way.
Medicare is horrible. I have the money I should be able to pay and get more.
With FMLA he should be able to take the leave or sue his unions!!
@UnionTHAT your union’s Communications Department did an interesting job creating your post, but the forgot to mention a few things:
1. You point out that the job of the union is to represent the “collective,” not the individual. What you forgot to mention is that the ugly reality of living in a capitalistic society is that AA and every other company is responsible to shareholders, not individual employees. Remember why unions were created in the first place? Which brings me to…
2. Don’t unions collect dues every pay period to fund your work in representing EACH employee? I seem to recall that when I was in unions I was told that my dues were going to getting ME the best deal possible. No one mentioned that my dues were being used to get THE COLLECTIVE the best deal.
So silly of me to be confused by their POV on the situation.
I sincerely hope you stop pointing fingers and focus on helping people like this young man.
The airline violated federal law. No, not FMLA but the ADA. Even when not eligible for leave pursuant to the FMLA, an employer is still obligated to provide accommodations to disabled employees. Cancer is a NAMED disability in the ADA. Leave is a reasonable accommodation recognized by the federal government agencies charged with enforcing the ADA and federal courts. In 2017, the same airline agreed to pay almost $10 MILLION to resolve ADA violation claims in a case brought by the EEOC. Looks like the EEOC will need to sue yet again
And passengers wonder why flight attendants have such low morale. Our company treats us like crap. They have never cared about employees and never will. All they care about is money.
I’m not surprised these people only care about making money and treats the employees like shit always a if and a but. I will keep this young man in my prayers take care of you and your family first. All else will fall in place.
Now, there is censorship and moderation . Is a joke!!
@Jose M – the system automatically flags comments that have multiple instances of foul language, maybe your commenting is the joke?
Until they value their employees more, and treat them like human beings, I won’t fly with them anymore! I will be boycotting AA. I know a huge amount of other flyers will feel the same way. Workers are human beings, Not your owned property!
That’s a bunch of crap. Apply for FMLA and start treatment immediately. They cannot do that
I work in healthcare. We too have a Union and still get points/demerits for pre-scheduled sick days. It’s a disgrace!
Since when do we need a contact to require people to be decent human beings?
Also, this has nothing to do with who runs healthcare. This is about being a decent manager. I suppose you want the government to take over all companies too!
This is the result of allowing people to hide behind big bureaucracies, corporate or government does not matter.
I used to work for “the airlines“. Seems that they’re all the same. Squeezing the last drop of blood out of their employees so people can buy a cheap ticket to Puerto Vallarta and get drunk on the beach.
American Airlines will not get my business.
“Caring for people along life’s journey.” This is yet another example of how AA preaches it but FAILS to leave it. Especially with their employees.
@jake If the employee had the flight time but not the one year time vested with the company, he could have dropped his trips to other employees (if a lineholder) or American should of offered multiple unpaid leave of absences.
There should never be point demerits for extended medical leave and the system itself is unfair and draconian.
It’s not just American Airlines, the airlines treat FA with no respect, the work can be grueling. Shame on the Airlines and the Union, they failed this young man. How scary to have cancer without worrying if he will loss his job or his life.
Why would you consider flying on American, let alone working for them? They are the Walmart of airlines. I’d ride a bike before I’d fly with them. Ick
Yep. American has become a soulless company that treats their employees as worse than disposable numbers. The fact that they still refuse to proactively adjust beginning pay during contract for people and start the off at just $13 an hour is disgusting.
I don’t regret leaving them and I’m not shocked that there are at least dozens more like the above story. Back when they were struggling due to covid, I took one of their leaves so I could help myself and others have less risk of getting laid off, despite the company getting paid to not do just that. Because of that leave, I no longer had enough worked hours for FMLA and wasn’t notified of this until after I had taken some and tried to submit for some more (caregiver). Their own digital system said I was fine initially, so something had gone wrong internally to the point they adjusted me retroactively to have negative FMLA hours (not something possible or easily fixable, given my hours count never changed after that, despite working).
Basically, everything about them is completely heartless, terribly mishandled, and extremely broken now.
Although he may not qualify for FMLA, he should have short-term or long-term disability. That will give him the time off he needs, he still has his job, and gets paid while out. I work for AA as well and didn’t qualify for FMLA but still proceeded with surgery and I’m not covered by the Union. Yet, I came back to my job as well
Everyone also forgets who brought in and supported the take over AA by US/America West. Everyone also forgets who caused the company to file for bankruptcy. It certainly wasn’t management – they lost any /all sick time provisions and so many more benefits. I’m not talking about upper mgt – but the grunts. Went from having up to 6 months to 8 days of sick time.
AA used to care about staff and you always knew where you stood. Exceptions were always made. I feel for all the crews now. I do. I normally never post but this flight attendants needs to explore all options available. And the union should be leading that fight. I hope he’s OK.