Q: I read this on social media. Is it in fact true the Company is not allowed to limit a medical leave to one year because of a lawsuit as this states so we will get the medical leave extension even if we vote this down? Is it true that the current 1-year medical leave would be changed to four years regardless of whether this TA passes or not. There was a huge lawsuit in California and I believe a couple other states against the airlines who had one year medical leave policies they lost. Is it true that the company legally cannot make a medical leave one year?
A: No. There is no law that AFA is aware of that eliminates a medical leave in duration of one year. However, the case that we believe you reference had to do with ADA compliance and the fact that American Airlines would not allow any employees on medical leave to return to work until they were free from any restrictions. The court ruled this practice violates the ADA. Reasonable accommodations are allowed under ADA, so eliminating the possibility of some reasonable accommodation to allow an employee to return is a violation of ADA. It has nothing to do with the duration of the leave.
