Section 32 Attendance Policy Points Related to COVID-19

Grievance Committee

AFA and management recently agreed to a Memorandum of Understanding (MOU) regarding Section 32 Attendance Policy Points Related to COVID-19. This MOU is now in effect through September 30, 2021. Related information can be found in Bulletin Bundle 2021-0030 dated April 12, 2021; however, there are several out of date or incomplete details, so AFA will request that management update the bulletin and/or issue a new one.

Click here for the Section 32 Attendance Policy Points Related to COVID-19 MOU (5/28/2021) >

Details

To apply for points forgiveness for absences related to COVID-19:

Go to the Inflight website –> Administration –> Performance to complete a COVID-19 Absence Reporting Form for each qualifying ‘single continuous occurrence’ (SCO) related to COVID-19;
Submit the form for each SCO absence related to COVID-19 no later than the end of your next scheduled sequence; and
In addition to the form, you must submit a positive COVID-19 test result for yourself or for someone in your household, or proof of your COVID-19 vaccination, either of which must be provided to the Inflight Performance Team’s confidential email address no later than the end of your next scheduled sequence,

If returning from a leave of absence, you must submit the form and documentation within 14 days of returning from the leave of absence.

For more details, please see the MOU.

About Certain State Laws…

In the midst of drafting the MOU, and after management published the above Bulletin Bundle, a new California COVID-19 law was enacted. The new law is retroactive to January 1, 2021, and in effect through September 30, 2021. CA 2021 COVID-19 Supplemental Paid Sick Leave provides that California employees are entitled to a separate bank of paid sick leave in certain circumstances related to COVID-19, in addition to other record-keeping and paystub requirements.

Alaska Air Group management and the other Airlines for America (“A4A”) member carriers continue to argue that many state laws, including the CA 2021 COVID-19 Supplemental Paid Sick Leave, are not applicable to Flight Attendants and Pilots because those laws are preempted by federal law (e.g., the Railway Labor Act). Various parties, including AFA, have been litigating the broader claim of preemption against A4A and/or AAG management in federal and state court for 10+ years. However, management continues to appeal the cases they lose, so their claim that certain state laws do not apply to aircrew continues.

Stay tuned for more details regarding which state laws management is blatantly refusing to apply to aircrew, what you can do to help in the effort to fight back, and how to exercise your rights to these state laws. In the meantime, we encourage California-domiciled Flight Attendants to familiarize yourselves with the various provisions of the CA 2021 COVID-19 Supplemental Paid Sick Leave law. AFA strongly suggests that any communications with management about the law should be in writing, and it is best practice to copy in a union rep. Covered California employees who are denied the provisions of the law may file a claim or a report of a labor law violation with the CA Labor Commissioner’s Office, which is the state agency charged with enforcement.

If you have any questions or need clarification, please contact your LEC president for assistance.