Alaska Airlines Management’s Unlawful Continued Denial of Washington State Sick Leave Law

Grievance Committee

• Washington’s Paid Sick Leave Law went into effect on January 1, 2018, which in part allows Flight Attendants to use sick leave to care for themselves or a family member – including preventative care – and for which they cannot be disciplined or given attendance points.
• The industry trade association Airlines for America and Alaska Airlines management refused to comply with the law and spent the last four years litigating whether they had to or not; they ultimately lost in litigation, and the US Court of Appeals for the 9th Circuit decision in favor of the State of Washington and AFA stands.
• Management still refuses to comply with the law, so AFA needs Seattle-based Flight Attendants to file complaints with the State of Washington Labor & Industries agency to ensure the law is rightfully applied.

In 2018, a state law providing for paid sick leave went into effect in Washington State. Among other things, it required that employers provide:

1. A minimum of one hour of paid sick leave for every 40 hours worked, and 
2. The right to use your sick leave after 90 days of employment, not after the 180 days of employment (following probation) provided in our contract. 

Under the law, you can use this time to care for yourself or a family member — including preventative care. Additionally, the use of paid sick leave time cannot be counted as an absence that leads to or results in any type of discipline – and you cannot be given attendance points.

Click here for more info about WA Paid Sick Leave (WA Department of Labor & Industries) >

When the law went into effect in 2018, the MEC Grievance Committee contacted management to determine how they planned to implement the state law. We then learned that management had no intention of complying and instead would challenge the law through the court system. 

Click here for “Washington Paid Sick Leave Law 2018” (afaalaska.org – February 7, 2018) >

After four years of litigation and a win for the State of Washington and AFA in the 9^th Circuit Court of Appeals, the U.S. Supreme Court recently denied management’s request to hear the case. 

Click here for “Supreme Court Ruling on A4A v. WA L&I (WA Paid Sick Leave)” (afaalaska.org – July 14, 2022) >

As a result, the 9th Circuit’s ruling against Airlines for America (A4A) – including Alaska Airlines – is final, and no more appeals are possible. Even though the 9^th Circuit’s decision in favor of the State of Washington and AFA is now binding, management still refuses to apply this law to Flight Attendants. They argue that litigation in district courts other the 9^th Circuit that challenge how other states’ sick leave laws apply to flight crew could impact the application of the state law in Washington. 

AFA strongly disagrees with management’s approach. We encourage Seattle-based Flight Attendants to file claims with the Washington State Department of Labor & Industries (L&I) if any of the following occur:

1. You are given attendance points for calling in sick to care for yourself or a qualifying family member when you have accrued sick leave to cover the event,
2. You are denied the use of sick leave for preventative care, or
3. You are denied the use of paid sick leave after 90 days of employment (and prior to the end of your probationary period of 180 days). 

While filing a claim can be time consuming, doing so helps you and your fellow crew members by protecting your rights and contributing to achieving what is legally due to you.

Click here for SEAFAs to file a claim online with WA L&I >  

We are also evaluating the applicability of the Washington law to all Flight Attendants under a prior arbitration award and will keep you updated on any further developments.