ARTICLE 13.LEAVES OF ABSENCE

A.††† PERSONAL LEAVES

1.†††† A Pilot may request and the Company may grant a Personal Leave of Absence for reasons not covered by other leave policies.

2.†††† A Pilot is eligible for a Personal Leave not to exceed thirty (30) calendar days, after the completion of twelve (12) months of continuous employment. A Pilot who has been continuously employed for five (5) years or more may be granted a Personal Leave of Absence not to exceed one-hundred twenty (120) calendar days. Personal leaves of other than thirty (30) or one-hundred twenty (120) calendar days, when requested for good cause, may be granted to the extent permitted by Company policy.

3.†††† A Pilot who has taken a Personal leave of Absence as provided in Paragraph 2., (above), will not be eligible for another Personal Leave until twelve(12) additional months of continuous employment have elapsed.

4.†††† Personal Leave in lieu of Furlough is governed by Article 23. of this Agreement.

5.†††† During a Personal Leave, the Pilot will retain his relative seniority but shall not accrue longevity.

6.†††† In the event a Pilot is required to undergo any additional training in order to return to Company Service (i.e. training that the Pilot would not have needed but for his absence), the Pilot will not be compensated for such training.

7.†††† Personal leaves shall be without pay; however, a Pilot may elect to be paid any accrued, but unused, vacation available at the time the Personal Leave is requested or commences. Such use of vacation shall not extend the total amount of Personal Leave granted.

8.†††† Any benefits or accruals during such leave shall be in accordance with Company policy.

B.††† FAMILY AND MEDICAL LEAVE (FMLA)

1.†††† Medical Leave

a.†††† A Pilot shall be granted a Medical Leave for his own serious health condition in accordance with the Federal Family and Medical Leave Act (FMLA) and applicable State law.

b.†††† A Pilot may remain on Medical Leave for up to seven (7) years. At the end of the seven (7) year period, the Pilot shall be removed from the seniority list and shall forfeit all rights to recall or return to service.

c.†††† Pay and Benefits

i.††††† Medical Leaves are granted on an unpaid basis. A Pilot who has unused sick leave available at the time a Medical Leave is requested or commences must substitute that pay for a corresponding amount of unpaid leave period.

ii.†††† A Pilot who has accrued but unused vacation time available at the time a Medical Leave is requested or commences may substitute the available vacation time for a corresponding amount of the Medical Leave period.

iii.††† Company-provided benefits will continue for the first twelve (12) weeks of any Medical Leave in a rolling twelve (12) month period.

iv.††† A Pilot, if qualified, may receive other benefits and compensation (i.e. Company or State provided disability benefits, workers compensation, retirement benefits, or other insurance benefits) while on Medical Leave.

2.†††† Family Leave

a.         A Pilot may request, and the Company shall grant, a Family Leave in accordance with the Federal Family and Medical Leave Act (FMLA) and applicable State laws.

 

b.†††† Family Leave is granted up to a maximum of twelve (12) weeks in a rolling twelve (12) month period.

c.†††† Pay and Benefits

i.††††† Family Leaves are granted on an unpaid basis. A Pilot who has unused sick pay and/or accrued but unused vacation time available at the time the Family Leave is requested or commences may substitute this time for a corresponding amount of the unpaid leave period.

ii.†††† Company provided benefits will continue for the first twelve (12) weeks of any Family Leave in a rolling twelve (12) month period.

3.†††† FMLA General Conditions

a.†††† Except as may be otherwise provided in this Agreement, all FMLA-qualified leaves of absence will run concurrent with one another.

b.†††† All Company provided benefits will be continued at the Companyís expense for up to a maximum of twelve (12) weeks for any one FMLA leave or a combination of FMLA leaves taken within a rolling twelve (12) month period. Benefits will cease and COBRA benefits will apply once a Pilot has reached the twelve (12) week maximum leave period.

c.†††† Substitution of paid leave for unpaid leave does not extend the total amount of Medical or Family Leave available to a Pilot.

d.†††† Any program or benefit for which a Pilot would ordinarily be required to make a payment, co-payment or other contribution if the Pilot were not on a leave of absence will continue to be the responsibility of the Pilot, and may be paid by the Pilot in advance of a leave or deducted from the Pilotís pay upon his return from the leave.

e.†††† A Pilot is required to give as much notice as is reasonably possible of his need for a leave of absence. To the maximum extent possible, the Pilot should schedule any planned medical treatment to minimize the disruption of Company business.

f.††††† A Pilot requesting an FMLA leave of absence shall obtain medical certification from a licensed health care provider of the need for the leave, or the continuation of the leave, or other documentation appropriate to the nature of the leave.

g.†††† A Pilot returning from an FMLA leave of absence shall be required to obtain medical certification from a licensed health care provider releasing the Pilot from the leave.

h.†††† Any change(s) to a benefit program that occurs during a leave period will be applicable to a Pilot on FMLA leave.

i.††††† For purposes of determining FMLA eligibility, a Pilot shall be deemed to qualify under the hours of service requirement of the FMLA if he has been paid for at least sixty percent (60%) of the minimum guaranteed hours for the thirteen (13) Bid Periods prior to the commencement of the FMLA leave (Minimum Bid Period Guarantee X 13 bid periods, multiplied by 60%).

j.††††† A Pilot returning from a leave of absence of not more than twelve (12) weeks in duration shall be permitted to return to his former vacancy or may elect to displace to any vacancy which he could have bid and would have been awarded had he not been on FMLA leave. A Pilot returning from a leave of absence of more than twelve (12) weeks in duration retains the opportunity to return to a crew position based upon his seniority.

C.††† LOSS OF MEDICAL CERTIFICATE LEAVE

1.†††† A Pilot who is unable to maintain the medical certificate required for his position (i.e. Captain, First Officer or Flight Engineer), or, for medical reasons is unable to exercise his medical certificate privileges, shall be placed on Loss of Medical Certificate Leave, unless the Pilot voluntarily elects to displace to a status for which he remains medically qualified. In the event the Pilot is eligible for Family or Medical Leave Act (FMLA) leave at the time his Loss of Medical Certificate Leave commences, both leaves will run concurrent with one another.

2.†††† Pay and Benefits as defined in Paragraph B.1.c. 1-4, (above), will apply to Loss of Medical Certificate Leave.

3.†††† A Pilot is eligible for Loss of Medical Certificate Leave on his first day of employment.

4.†††† A Pilot returning from a Loss of Medical Certificate Leave, shall be permitted to return to his former vacancy, if available, and bid for a schedule, effective as of the bid period following his return and in accordance with his seniority. Until the beginning of this bid period, he shall be carried as an excess reserve.

5.†††† A Pilot may remain on Loss of Medical Certificate Leave for not more than seven (7) years. At the end of the seven (7) year period, the Pilot shall be removed from the seniority list and shall forfeit all rights to recall or return to service.

D.††† FUNERAL LEAVE

 

A Pilot may request, and the Company shall grant up to five (5) consecutive calendar days of leave to attend services and address family matters related to the death or funeral of a member of the Pilotís immediate family (spouse, child, step-child, brother, sister, parent, grandparent, grandchild, current parent-in-law, current grandparent-in-law, current brother or sister-in-law, current son or daughter-in-law) or a relative living with a Pilot. A Pilot will continue to receive his Minimum Bid Period Guarantee rate of pay for the period of the leave.A Pilot must notify Crew Scheduling as soon as possible of the need for the leave, and may be required to provide verification of the family memberís death.

E.††† EMERGENCY LEAVE

 

A Pilot may request, and the Company may grant, up to five (5) consecutive calendar days off in cases of serious family emergencies (e.g. fire, flood, or natural disaster affecting the Pilotís immediate family or household). A Pilot will continue to receive his Minimum Bid Period Guarantee rate of pay for the period of the leave. The Company may require verification of the nature of the emergency.

F.††† INCLEMENT WEATHER

 

A Pilot will be granted time off for severe weather conditions that create a clear hazard to travel.A Pilot will continue to receive his Minimum Bid Period Guarantee rate of pay for the period of the time off. The determination of when weather conditions warrant the granting of such time off shall be subject to Company discretion.

 

G.††† MILITARY LEAVES OF ABSENCE

 

1.†††† Pilots who are members of the Armed Forces of the United States shall be granted Military Leaves of Absence in accordance with applicable law.

2.†††† During the first twenty one (21) days of Military Leave of Absence, a Pilot shall retain seniority and accrue longevity, and accrue all the benefits of an active Pilot. Thereafter, a Pilot shall retain seniority and accrue longevity, but shall not accrue vacation or sick leave credit.

3.†††† Re-employment rights and benefits shall be in accordance with the Uniformed Services Employment Rights Act.

H.††† LEAVE FOR JURY DUTY OR SUMMONS TO APPEAR

The Company will grant a leave for a Pilot summoned for jury duty. The Pilot must present the applicable summons to the Chief Pilot before the leave will be approved. A Pilot will be paid at his Minimum Bid Period Guarantee rate of pay and shall suffer no loss in longevity, benefits or accruals and may keep any jury duty pay received. A Pilot shall immediately notify the Company on his release from jury duty so he can be placed on flying status.A summons or subpoena for court service, other than jury duty, will also be considered a valid reason for excused absence without any loss of Minimum Bid Period Guarantee rate of pay, longevity, benefits, or accruals.

I.††††† ALPA LEAVE

 

1.†††† Leaves for Master Executive Council and other Association business shall be granted in accordance with the following:

a.†††† Requests for release from duty for a Pilot attending to Association business shall be made to the Chief Pilot with a copy to Crew Scheduling. Such requests shall be signed by the President of the Association or by a member of the Emery Master Executive Council. These requests shall be given to the Company as far in advance as possible. The request will indicate names, dates, and duration for which the release is requested.

b.†††† In the event difficulties occur in connection with the release of a Pilot(s) due to operational requirements, Crew Scheduling shall contact a member of the MEC. The Company shall make every effort to accommodate MEC requirements.

c.†††† The Company shall pay a Pilot(s) for loss in pay or minimum guarantee, whichever is greater, while on authorized Association business.

d.†††† The Association shall reimburse the Company for Loss of Pay paid to a Pilot(s) on leave for Association business under Paragraph I.1.c. (above), as provided in the negotiated Letter of Agreement.

2.†††† Leaves for Pilots elected or appointed to the National Office shall be granted, at the request of the Pilot, for up to the length of the Pilotís term of office. In such case, the Association shall be responsible for pay and other benefits. The Pilot shall retain any unused accruals until his return to duty and shall continue to accrue longevity during the term of the leave.

J.†††† General

 

1.†††† A Pilot wishing to request a leave of absence shall apply with the Chief Pilot or his designee. In cases where the Pilot wishes to return to service prior to the expected return date of his leave of absence, or where the leave was of indefinite duration, or where the leave was for more than one (1) bid period in duration, the Pilot shall give two (2) weeks notice to the Chief Pilot or his designee of the Pilotís projected return to service date.

2.†††† A Pilot, upon his return from a leave of absence of more than one (1) bid period, shall be permitted to return to his former vacancy, if available, and bid for a schedule, effective as of the bid period following his return and in accordance with his seniority. Until the beginning of this bid period, he shall be carried as an excess reserve.

 

K.††† POST NATAL CARE LEAVE

 

A pregnant Pilot may request and shall be granted up to four (4) weeks of Post Natal Leave for purposes of child birth recovery and child nurturing. This leave will be without pay and benefits unless the Pilot is eligible for other pay or benefits as set forth in Paragraph B.1 and B.3., (above).