Supreme Court Ruling on A4A v. WA L&I (WA Paid Sick Leave)

Master Executive Council (MEC), Grievance Committee

• A recent Supreme Court ruling upheld a decision by a lower court requiring that Alaska Airlines comply with the Washington Paid Sick Leave Law and apply it to Flight Attendants.
• The law prohibits employers from adopting or enforcing any policy that counts the use of paid sick leave time as an absence that may lead to or result in discipline (qualifying absences will not incur attendance points).
• Seattle-based Flight Attendants are considered covered employees for purposes of the law, but AFA believes that the ruling should apply to Section 32 (Attendance Policy) for all Flight Attendants, regardless of domicile, under a previous arbitration decision.

In addition to Bernstein v. Virgin America, the U.S. Supreme Court (SCOTUS) recently denied certiorari (from Latin “to be informed of” – a writ issued by a superior court for the reexamination of an action of a lower court) on Air Transport Association of America, Inc., dba Airlines for America, v. The Washington Department of Labor & Industries, et al.Therefore, the U.S. Court of Appeals for the 9th Circuit ruling stands, which requires Alaska Airlines to comply with the Washington Paid Sick Leave Law (Wash. Rev. Code § 49.46.210 [2021]). AFA intervened and AFA Alaska representatives were deposed in this case.

On July 1, 2022, AFA sent a demand letter to management requiring Alaska Airlines to comply with the law.  We have not yet received a response.

What the decision means for Seattle-based Flight Attendants

Seattle-based Flight Attendants have the benefits of the Washington Paid Sick Leave Law.  

A covered Washington employee is authorized to use paid sick leave:

• For an employee’s and their qualified family members’ mental or physical illness, injury or health condition or preventative medical care;
• When an employee’s child’s school or place of care has been closed by order of a public official for any health-related reason;
• For absences that qualify for leave under the domestic violence leave act; and
• Beginning on the ninetieth calendar day after the commencement of their employment (for Alaska FAs, from their on-line/base orientation date).

The law provides that the employer may require employees to provide verification, for absences exceeding three days, that an employee’s use of paid sick leave is for an authorized purpose.  An employer may not adopt or enforce any policy that counts the use of paid sick leave time as an absence that may lead to or result in discipline against the employee—in other words, qualifying absences will not incur attendance points.

What the decision means for all Flight Attendants regardless of domicile

AFA also demanded that the ruling apply to Section 32 (Attendance Policy) for all Flight Attendants, regardless of domicile, under a previous arbitration decision. While we believe arbitral precedent requires that Flight Attendants in all bases receive the benefit of no attendance points in circumstances protected from potential disciplinary action under the law, we do not yet know how management will interpret precedent.

Stay tuned for further developments.