ARTICLE 14.SICK AND DISABILITY PAY

A.††† General

1.†††† The purpose of sick pay is to protect a Pilot from loss of pay when he is unable to perform his duties because of his own non-work related illness or injury, mental illness, or disability (including pregnancy and childbirth).

2.†††† A Pilot who, due to a non-work related injury or illness, is unable to perform or continue to perform his assigned duties shall be placed on a Medical Leave of Absence, as provided in Article 13. of this Agreement.

3.†††† A Pilot who is scheduled for duty, and due to a non-work related illness or injury is unable to perform his duty assignment, shall immediately notify Crew Scheduling (CRS) of the reason for his inability to report and his anticipated return date. Upon notification, CRS will release that Pilot from his duty assignment and schedule a replacement if needed.

4.†††† A Pilot shall remain on medical leave until he notifies CRS of his ability to return to active service. Upon return to active service a Pilot shall be responsible for any assignment(s) that has not been reassigned to another Pilot.

5.†††† A Pilot is required to provide the Company with a written statement from a licensed health care provider explaining the Pilotís inability to perform his assigned duties because of a medical condition in the following circumstances:

a.†††† The Pilotís absence from duty occurred on work day(s) within two (2) calendar days before or after his vacation period, or

b.†††† The Pilotís absence from duty due to his own medical condition was for five (5) or more consecutive days.

6.†††† When the Company has a good faith reason to question a Pilotís medical leave status, the Company may request satisfactory evidence of illness. The Company may require a doctorís certification if it notifies the Pilot and pays the expense of the initial examination. The examination will be conducted by a doctor designated by the Company.

7.†††† A Pilot who is on a medical leave of absence for more than five (5) calendar days shall contact Human Resources during the next business day. Additional updates and status reports shall be provided on a mutually acceptable schedule to Human Resources or the applicable third party administrator.

8.†††† If a Pilot receives Workers Compensation pursuant to Article 16, Workers Compensation, he may utilize his sick day(s) during any applicable State Workers Compensation benefit eligibility waiting period.

9.†††† Upon recall, a furloughed Pilot shall be credited with a pro-rata portion of his annual sick pay eligibility pursuant to Paragraph B.2.

10.†† A Pilot who becomes ill or injured while away from his base on Company duty shall receive appropriate medical attention, including hospitalization, in accordance with the Company medical benefit provisions. The Company shall provide transportation when the Pilot is able to travel back to his home.

 

B.††† Sick Pay Plan

1.         A Pilot is eligible for sick days on the first day of employment as described in Paragraph B.2. (below). A Pilotís paid sick days shall not exceed ten (10) days per calendar year.

2.         A newly hired or recalled Pilot will qualify for paid sick days as follows:

a.†††† If hired or recalled in the first quarter (January, February, and March) a Pilot shall be eligible for ten (10) paid days that calendar year.

b.†††† If hired or recalled in the second quarter (April, May, June) a Pilot shall be eligible for seven (7) paid days that calendar year.

c.†††† If hired or recalled in the third quarter (July, August, September) a Pilot shall be eligible for four (4) paid days that calendar year.

d.†††† If hired or recalled in the fourth quarter (October, November, December) a Pilot shall be eligible for two (2) paid days that calendar year.

3.         The credit hour value of a sick day will be determined by dividing the Minimum Bid Period Guarantee hours by fourteen (14).

4.†††† Paid sick days must be substituted for any corresponding amount of unpaid medical leave.

5.†††† A Pilot who incurs a non-work related injury or illness during a trip sequence, training, or Standby duty will receive pay credit hours for the work performed prior to the non-work related injury or illness, plus available sick pay credits. Sick pay credits are payable in full day increments only.

6.†††† A Reserve Pilot who incurs a non-work related injury or illness shall receive available sick pay credit hours in full day increments only.

7.†††† Nothing in this Article shall alter a Pilotís responsibility to ensure that he has adequate rest prior to reporting to duty. A Pilot who removes himself from duty due to fatigue shall be placed on medical leave if the fatigue is determined, in good faith by the Company, to have not been related to a Company assigned trip or duty period.

8.†††† Each Pilot shall be provided with a statement of his sick pay balance for the preceding year on or before the first Monday in February of each year. A Pilot may review his sick pay balance with CRS or Human Resources during regular office hours.

9.†††† Sick days are non-cumulative from year to year. The Company will make a non-elective Company contribution into a Pilotís 401(k) account for one-half (.5) of all unused sick days that are not first utilized in the Short Term Disability flow-through as provided in this Paragraph, (below), on the last day of the first quarter following the calendar year in which the sick days were available. This non-elective Company contribution will constitute an annual addition for the Plan year ending prior to the date of the contribution, up to the limit allowed by IRC Section 415 for such prior Plan year, and any excess will constitute an annual addition for the Plan year during which the contribution is made, up to the limit allowed by IRC Section 415 for such current Plan year. Unused sick days will be contributed pursuant to the following table:

Unused Sick Days†††††††††††††† ††††††††††† Contribution Days

10††††††††††††††††††††††††††††††††††††††††††††††††††††††† 5

9††††††† ††††††††††††††††††††††††††††††††††††††††††††††† 4

8††††††† ††††††††††††††††††††††††††††††††††††††††††††††† 4

7††††††† ††††††††††††††††††††††††††††††††††††††††††††††† 3

6††††††† ††††††††††††††††††††††††††††††††††††††††††††††† 3

5††††††† ††††††††††††††††††††††† ††††††††††††††††††††††† 2

4††††††† ††††††††††††††††††††††† ††††††††††††††††††††††† 2

3††††††† ††††††††††††††††††††††††††††††††††††††††††††††† 1

2††††††† ††††††††††††††††††††††††††††††††††† ††††††††††† 1

The value of such contribution days will be determined pursuant to Paragraph B.3. (above).

 

C.††† Short Term Disability Plan (STD):

1.         The purpose of Short Term Disability (STD) pay is to provide the Pilot with greater economic security during extended periods of absence due to a non-work related illness or injury. An active Pilot may receive up to one (1) weekís additional sick pay for each year of continuous service with the Company, up to a maximum of sixty (60) calendar days in a calendar year (including the ten (10) paid sick days) or until benefits become payable under the Companyís Long Term Disability/Loss of Medical Certificate Plan, whichever occurs first.

2.         Short Term Disability is paid at 100%, as calculated pursuant to Paragraph B.3. and C.1 (above).

3.         Short Term Disability Leave extends from the first day of absence due to a non-work related illness or injury through the 60th consecutive calendar day of continuous non-work related illness or injury.

4.         A Pilot accrues vacation days while receiving full pay under the Short Term Disability Plan.

5.         Short Term Disability pay will be reduced by the amount of pay the Pilot receives for the same period under any other Company plan or any governmental illness or injury income replacement program provided or mandated by any governmental authority.

6.         The Company may require a Pilot on STD to undergo an independent medical exam at Company expense. In the case of conflicting reports by the Pilotís personal physician and the Company physician, the Companyís physician and the Pilotís physician shall mutually agree upon an independent third physician whose decision shall be binding. The Company and the Pilot shall equally share the cost of any evaluation by an independent third physician.

7.         A Pilot who is receiving pay under this plan will be eligible for Company-provided benefits.

8.         A Pilot will not receive compensation for any unused sick pay upon separation from the Company.

9.†††† The Sick Pay Plan, Paragraph B. provides for a maximum of ten (10) sick days to be available each calendar year. Sick days are non-cumulative from year to year. Pursuant to the table below, the Company will allocate the value of unused sick days available at the end of each calendar year to the Pilotís STD account. The allocation will not allow the Pilot to accrue in excess of sixty (60) days in his STD account;

Unused Sick Days†††††††††††††† ††††††††††† Contribution Days

10††† ††††††††††† ††††††††††††††††††††††††††††††††††† 5

9††† ††††††††††† ††††††††††††††††††††††††††††††††††† 4

8††† ††††††††††† ††††††††††† ††††††††††††††††††††††† 4

7††† ††††††††††† ††††††††††† ††††††††††††††††††††††† 3

6††† ††††††††††† ††††††††††† ††††††††††††††††††††††† 3

5††† ††††††††††† ††††††††††† ††††††††††††††††††††††† 2

4††† ††††††††††† ††††††††††† ††††††††††††††††††††††† 2

3††† ††††††††††† ††††††††††† ††††††††††††††††††††††† 1

2††† ††††††††††† ††††††††††††††††††††††† ††††††††††† 1

The value of each sick day will be determined pursuant to Paragraph B.3. (above).

 

D.††† Long Term Disability/Loss of Medical Certificate Plan

1.         A Pilot is eligible to participate in the Long-Term Disability/Loss of Medical Certificate Plan beginning on his first day of active employment subject to all terms and conditions of the Companyís Long Term Disability/Loss of Medical Certificate Plan.

2.         Benefits under the Long-Term Disability/Loss of Medical Certificate Plan are paid at sixty six and two thirds (66 2/3) of the Minimum Bid Period Guarantee.

3.         The eligible Pilot will receive benefits under the Loss of Medical Certificate Plan beginning on the 61st day of absence due to the Pilotís own non-work related illness or injury, or loss of Medical Certification due to a medical condition, and ending when the Pilot is able to perform his duties, or twenty-two (22) months, whichever is earlier.

 

4.         An eligible Pilot will receive benefits under the Long-Term Disability Plan after twenty-four (24) months of total disability due to his own non-work related illness or injury if he is unable to perform any job.

5.         A Pilot is considered totally disabled under Long Term Disability only if wholly and continuously disabled by a non-work related illness or injury, under the regular care of a licensed physician and unable to perform the duties of his own or any occupation, employment or job by training, education or experience for which he is reasonably qualified.

6.         The Pilot is required to furnish verification of total disability as requested by the Company or its applicable third party administrator.

7.         Benefits are paid on the last working day of the month.

8.         Benefits will be offset by any or all benefits received from other sources, such as:

a.         Any disability or time-loss payments resulting from an illness or injury for which a third party is liable or which are covered or reimbursable under any auto, property, casualty or liability insurance.

b.         Any amount to which the Pilot may be entitled under Worker Compensation laws, primary and dependent Social Security Disability Benefits, military disability benefits, federal or state statutory disability laws or a ďno faultĒ insurance policy.

9.†††† A Pilot who is expected to be disabled beyond five (5) calendar months is expected to file a claim for Social Security benefits.

10.†† A Pilot receiving pay under the Loss of Medical Certificate Planor Long-Term Disability Plan will continue to receive Company-provided Health Benefits and Pension. Benefits that will not accrue are vacation and Savings and Investment Plans having a contribution.

11.†† When a Pilot returns from Loss of Medical Certificate Leave or Long-Term Disability Leave and within six (6) months of the return has a reoccurrence of the same medical condition, any resulting absence is considered a continuation of the original leave under this Plan.