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Negotiations And Washington State Bill 5725 2023-2024

Master Executive Council (MEC)

  • Management solicited AFA’s support for WA SB 5725 in the context of contract negotiations, and the MEC ultimately agreed after careful consideration.
  • Our Negotiating Committee subsequently secured an agreement for near-term implementation of onboard rest breaks and a tentative agreement on Paid Sick Leave (PSL) provisions.
  • The failure of WA SB 5725 to advance out of committee may have some effect on negotiations.

Overview

Alaska Airlines management initiated the legislative effort that became WA State Bill (SB) 5725 2023-2024 (“Clarifying the application of the industrial welfare act and minimum wage act to airline cabin crews”). Management also approached AFA to solicit our support in the broader context of contract negotiations. After much negotiation and deliberation, AFA ultimately agreed to support WA SB 5725. The underlying issues are complex, the stakes are high – and being in negotiations, AFA is in a complicated balancing act.

In a public hearing on the bill last Friday March 24 AFA offered testimony in support of passage. On Tuesday March 28, the Washington State House Labor and Workplace Standards Committee declined to advance the bill out of committee. This action effectively killed SB 5725 for this legislative session, which will likely have consequences for negotiations going forward. 

Some Flight Attendants subsequently brought forward concerns about WA SB 5725 and questioned AFA’s support of the bill.  It was not a cavalier decision, and the reasons are articulated below.

WA SB 5725 2023-2024 References

Background

Alaska Airlines management approached AFA in the context of contract negotiations, seeking our support for legislative amendments that would exempt Washington-based Flight Attendants from (1) meal & rest breaks, (2) overtime, (3) minimum wage, and (4) pay interval requirements under Washington State law. Management also wanted those exemptions to (5) take effect immediately and to (6) apply retroactively. Because we were aware of a pending punitive class action lawsuit being pursued by Seattle-based Flight Attendants who are alleging violations of meal & rest break provisions, our deliberations proceeded cautiously with that in mind.

To be clear, AFA categorically rejected any consideration to exempt minimum wage. However, after many discussions between AFA leadership and our attorneys, it became clear to us that we needed to harmonize Flight Attendants’ schedules, working conditions, pay structure and pay timing with the existing legislative provisions in Washington State. In some cases, significant work is needed to bring our collective bargaining agreement in line with state law. Further, AFA refused to support full retroactive immunity, and instead agreed to endorse limited retroactive liability on meal/rest requirements of the law because individual Flight Attendants had active lawsuits pending.

In exchange, after years of litigation with no end in sight, we secured implementation of paid sick leave under state law to be applied systemwide. Over the years, we’ve heard from so many of you of the importance of securing paid sick leave under state law. As a result, we pushed for the Company to incorporate paid sick leave, and this was a big win for Flight Attendants. 

Contractual Challenges and/or Conflicts with Washington State Law

The following represent problems for AFA and management that must be resolved either through bargaining and/or through legislation:

  • Meal & rest breaks: Reconciling flight schedules and required safety duties with break times at prescribed time periods.
  • Minimum wage: Washington State does not allow averaging of pay rates across a work week to determine compliance with minimum wage requirements. 
    • To further complicate matters, Alaska Flight Attendants are currently paid based on standard and non-standard TFP (“trips for pay”), which are measures of distance rather than of time. TFPs are two degrees removed from the traditional clock hour worked (i.e., duty-hour), which is referenced in the law; and one degree removed from the industry standard “block hour,” which is generally based on when an aircraft is in motion between block-out and block-in. (Definitions of block-out and block-in vary between carriers.) 
    • AFA is very aware of Flight Attendants’ expectations to be clearly compensated for all hours worked whether through boarding pay and/or duty pay. However, we need to be extremely careful about avoiding unintended consequences. 
      Example: If we were theoretically to completely convert our pay structure from TFP to duty hours (no Flight Attendant contract has this), the transcon and Hawaii trips with one leg per duty period that are currently considered desirable and efficient under TFP would become relatively devalued at only seven hours of duty time or less as compared to other trips with longer duty days.
  • Overtime: Flight Attendants consistently work schedules based on monthly and not weekly or daily schedules, which is why airline crew are already exempted from federal overtime requirements. We have existing premium pay provisions of 1.5x our contractual rates of pay or better to compensate for certain hours or days involuntarily worked in excess of scheduled work. It would be more advantageous to keep those bargained-for provisions and continue to improve them.
  • Pay intervals: We have several contractual pay provisions requiring a full month lookback that we would need to reconcile with existing state law requiring pay the week following the work performed. 

What AFA Secured for Our Support

In consideration of AFA’s support for WA SB 5725:

  • Management agreed to negotiate the best of all paid sick leave (PSL) provisions from every state in which there are Flight Attendant domiciles with PSL laws – currently Washington and Oregon (there is a PSL carve-out for collective bargaining agreements in California and no such law in Alaska) – and to apply those to all Flight Attendants regardless of where they are domiciled upon ratification of a new agreement. We reached a tentative agreement (TA) on those PSL provisions late last Thursday during contract negotiations. The parties also made a mutual strategic decision to not communicate about certain details of the session until this week to give our respective lawyers adequate time to advise and assist us in tying up loose ends.
    (See the “Supplemental Negotiations Update” publishing shortly for more details about negotiations.) 
  • A standalone letter of agreement to be implemented next week that provides for onboard breaks. For the Flight Attendant Onboard Breaks LOA click here >
  • For details regarding the scope of our agreement pursuant to the WA SB 5725 2023-2024 Amendment Support LOA click here >

Meal & Rest Break Retroactivity with Limited Liability

Candidly, the portion of SB 5725 that provided retroactivity but limited liability on meal & rest break requirements was not something we proposed and would generally not support. However, for management, it was a “must have” that we would not have been able to come to an agreement without. With that in mind, we ensured that had the legislation been passed into law that Flight Attendants who took legal action on meal & rest break violations prior to the effective date would still be able to recover compensatory damages as named plaintiffs. 

The direct concern about retroactivity has now been resolved due to failure of the bill. However, the MEC knows some Flight Attendants are particularly upset about our support. Know that this decision was admittedly very difficult to make with no easy choice given the potential shortcomings of any decision. Yet, we believed this was the optimal path forward with the greatest benefit to Flight Attendants. Our support for this legislation ensured, for the first time, that Alaska management would implement Paid Sick Leave and apply it system-wide. This was a very important improvement and protects the most vulnerable among us.

What Happens Now That WA SB 5725 Failed?

The parties have now tentatively agreed to Paid Sick Leave provisions.  This agreement is a big win for Flight Attendants and resolves major portions of Sections 15 – Leaves of Absence, 16 – Sick Leave and On the Job Injury, and 32 – Attendance Policy. The agreed-to PSL provisions would require variances from WA Labor & Industries (L&I) for the minimum sick leave draw and potentially for the unit of accrual depending on whatever pay structure (TFP vs. block-hours vs. duty hours) is ultimately agreed to in bargaining, so we’ll work through those details. Otherwise, AFA is planning to continue negotiations on the same aggressive bargaining schedule of meeting twice per month. 

Management informed us that they are assessing the situation and determining next steps.

Whatever happens, we will keep you informed.

Washington State Legislature Declines to Advance State Bill 5725

Master Executive Council

Yesterday, the Washington State House Labor and Workplace Standards Committee declined to advance WA State Bill (SB) 5725 (“Clarifying the application of the industrial welfare act and minimum wage act to airline cabin crews”) out of committee. This action effectively killed the bill for the 2023-2024 legislative session. 

Alaska Airlines management was championing the effort, and AFA ultimately agreed to support the bill after much negotiation. Flight Attendants have brought forward questions and concerns about WA SB 5725 and AFA’s support. The underlying issues are complex, the stakes are high – and being in negotiations, AFA is in a complicated balancing act. 

The bill’s failure this legislative session may impact bargaining. Both sides are assessing the situation and determining next steps, which may not be known until contract negotiations next week. In the meantime, AFA is working on a more comprehensive communication to publish tomorrow. 

Thank you in advance for your patience!

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.

Management vs. State and Local Laws – Part 3

Management vs. State and Local Laws – Part 3

Master Executive Council (MEC), Grievance Committee, Benefits Committee

This is the third in a series reporting on management’s opposition to various state and local laws, the latest developments to complex state law litigations related to these laws that are playing out in Washington and California, and what Flight Attendants can do about it.

Read Part 2 here >

Read Part 1 here >

In This Edition

  • WA Long Term Care (Cares Fund)
  • CA 2021 COVID-19 Supplemental Paid Sick Leave

WA Long Term Care (Cares Fund)

Management will unilaterally decline to initiate payroll deductions for flight crew in January 2022

The Washington Cares Fund is the nation’s first state-administered long-term care insurance program. Benefits will be funded by a 0.58% employee-paid payroll tax beginning January 1, 2022. However, Alaska Airlines management has unilaterally taken the position that the WA Cares Fund does not apply to flight crew and therefore will not initiate payroll deductions this coming January. In an email titled “Important Information About Washington’s Long-Term Care Act” (July 8, 2021), management advised all WA-domiciled Alaska Airlines Flight Attendants that flight crew may still consider pursuing a permanent one-time opt-out of the Program and all associated taxes and benefits by obtaining private long-term care insurance prior to the deadline of November 1, 2021. Currently, there is no opt-out option for any employee who becomes domiciled in (i.e., employed in) Washington after the applicable deadlines.

If management will not deduct flight crew contributions, then why bother opting out?

Flight Attendants may eventually change jobs within the Company (i.e., transfer to another position that is not classified as flight crew) or work for other employers within Washington. Additionally, the Company’s position regarding flight crew is currently untested from a legal perspective. It is entirely possible that the courts may eventually require Alaska Airlines to withhold WA Cares Fund payroll contributions on behalf of flight crew.

Grossly unfair to non-resident employees

Although all WA-domiciled flight crew would otherwise theoretically be required to contribute to the fund (except for management’s unilateral position regarding flight crew and certain state and local laws), only Washington residents may utilize Care Fund benefits. This is grossly unfair to non-resident flight crew (i.e., out of state commuters). Consequently, AFA Alaska agrees with and supports ALPA Alaska in filing legal objections with Washington State regarding concerns that the WA Cares Fund violates the Dormant Commerce Clause, which is inferred from Article I of the US Constitution, and the Privileges and Immunities Clause, which is derived from Article IV, Section 2 of the US Constitution. Resolution under this path could take a very long time, so this is another reason that non-resident WA-domiciled flight crew might consider opting out if possible.

Challenges with opting out

Unfortunately, it is extremely challenging to opt out unless you started applying for private insurance many, many months ago—especially if you are younger. AFA is unaware of any private insurers who are currently offering new long-term care policies. Additionally, there is a significant administrative backlog of applications with all known private insurers, so it is very concerning—and unknown—whether all pending policies will be executed prior to the November 1st deadline.

Will I be required to directly contribute to the WA Cares Fund or pay back contributions not made on my behalf?

Quite simply, it is unclear but doubtful. Again, AFA Alaska agrees with and supports ALPA Alaska filing legal objections with Washington State regarding concerns that the WA Cares Fund raises due process problems insofar as the law does not specify who bears consequences for an employer’s failure to remit employee premiums or what those consequences would be. However, there is no mechanism for employees to make direct contributions to the WA Care Fund, and there is no provision in the law to recoup contributions not withheld and made by the employer.

Interestingly, Alaska Airlines management personnel from the People Team (i.e., Human Resources) have advised individual Flight Attendants who have directly inquired with them that the Company would “likely” be required to pay back the contributions owed on behalf of flight crew if Washington State came back and said that flight crew are required to pay such contributions. This is presumably under a scenario in which the State of Washington prevailed in the courts pursuant to this almost-inevitable dispute. However, Alaska Airlines management has not responded to the Association’s inquiry to confirm such guidance prior to publication of this update.

Estimated (theoretical) contributions

$25k gross annual earnings = ~$12/month | $50k gross annual earnings = ~$24/month | $75k gross annual earnings = ~$36/month | $100k gross annual earnings = ~$48/month

CA 2021 COVID-19 Supplemental Paid Sick Leave

Up to 80 paid hours for certain COVID-19 related absences from a separate employer-paid sick bank

One of the more notable temporary COVID-19 laws is California’s 2021 COVID-19 Supplemental Paid Sick Leave. The law was effective as of March 29, 2021, was retroactive to January 1, 2021, and ends soon on September 30, 2021.  It states that California employees will be paid up to 80 hours by the employer rather than through the employee’s own sick leave bank for COVID-19 related quarantines, vaccination appointments and vaccine symptoms. Click here for FAQs. Thus far, management has denied all requests from Flight Attendants to comply with the law, e.g., to pay out of the separate COVID-19 sick bank.  

Filing a claim

Any CA-domiciled Flight Attendant who has used Sick Leave for COVID-19 related absences between January 1st and September 30th should file a claim or a report of a labor law violation with the Labor Commissioner’s Office, which is the state agency charged with enforcement. Please file a claim as soon as possible, but our understanding is that the state accepts such claims for up to three years. Flight Attendants also always have the option to hire their own attorney at their own expense if so desired.

AFA Alaska representatives are here to help

Although AFA cannot represent any FAs regarding such claims, we would very much appreciate you keeping us posted on any developments. Outside counsel has already responded to some claims with very official-looking but in our opinion not entirely on point legalese. AFA Alaska representatives are more than willing to help by supplying basic information and tips, and we would cooperate with any requests from claim investigators. Do not let management’s legal tactics put you off from pressing forward with your rightful claim!

Management vs. State and Local Laws – Part 2

Management vs. State and Local Laws – Part 2

Master Executive Council (MEC), Grievance Committee, Benefits Committee

This is the second in a series reporting on management’s opposition to various state and local laws, the latest developments to complex state law litigations related to these laws that are playing out in Washington and California, and what Flight Attendants can do about it.

Read Part 1 here >

In This Edition

  • Definition of Sick Family/Sick Child
  • Applicable State Laws
  • Filing a Claim with the Appropriate Agency

Most Liberal of the Flight Attendant Domicile State Laws Definition of “Sick Family/Sick Child”

The Roberts Decision and LOA 5 Sick Family/Sick Child

AFA arbitrated Grievance No. 36-99-02-49-03 “Family Leave Benefits” in 2005, which resulted in a favorable ruling for AFA by now-deceased Arbitrator Thomas Roberts. This award, which is usually referenced as “The Roberts Decision” by AFA and management, was at least in part subsequently incorporated into the current contract via Letter of Agreement 5 “Sick Family/Sick Child”:

[W]henever the collective-bargaining agreement refers to a sick child, it is understood that this is a placeholder for “family member.” With the Association’s agreement, the Company will apply the most liberal of the laws of the states in which Flight Attendants are domiciled in determining the appropriate definition of “family member.” When this definition is determined, including any subsequent amendments pursuant to changes in the law or in the interpretation of the law, the Company will publish the definition and distribute it to the Flight Attendants.

Through arbitration and bargaining, the Company is required to apply the most liberal of the Flight Attendant domicile state laws definition of “family member” for whom a Flight Attendant may utilize sick leave to care for that individual, under what circumstances and whether Flight Attendants will receive points under the Attendance Policy for such absences.

Updated list of qualified family members for Sick Family/Sick Child (as of August 30, 2021)

“Family member” includes: • Spouse • Registered domestic partner • Child (biological, step, adopted, foster, legal ward, or registered domestic partner’s child) of any age • Parent (biological, adoptive, step, foster, parent-in-law, or registered domestic partner’s parent) • Legal guardian of the F/A, spouse, or registered domestic partner as a minor • Individual with whom the F/A has or had an in loco parentis relationship – persons in loco parentis are those with day-to-day responsibilities to care for or financially support a child, or who had such responsibility for the employee when the employee was a child • Grandparent • Grandchild • Sibling

Points for Sick Family/Sick Child (in dispute)

Generally, no points apply for time off to care for the above individuals unless the Flight Attendant does not have enough sick leave to cover the absence. See Bulletin #2021-0059 for more information about the Company’s application in these circumstances. Please note this application remains in dispute via ongoing litigation.

Applicable State Laws

Summary

✅ = Honored | ⚠ = Partially honored and/or in dispute | 🚫 = Denied

State laws that AFA believes should apply to flight crew include but are not limited to:

  • Washington
    • WA Family Care Act (WFCA) – 🚫
    • WA Paid Sick Leave (WPSL) – 🚫
    • WA Paid Family Leave (WPFL) – 🚫
    • WA Long Term Care (Cares Fund) – 🚫
  • Oregon
    • OR Family Leave Act (OFLA) – 🚫
    • OR Paid Family and Medical Leave Insurance (PFMLI) – N/A
  • California
    • CA State Disability Insurance (CASDI) – ✅
    • CA Family Rights Act (CFRA) – 🚫
    • CA Family School Partnership Act – 🚫
  • All
    • Wage statement laws: AK, WA, OR – ✅; CA = ⚠
    • Supplemental/temporary COVID-19 leave laws – 🚫

Washington

WA Family Care Act (WFCA)

  • Reference:  RCW 49.12
  • Rule(s) of Interest to FAs:  Use of accrued vacation pay to care for qualified family members under certain conditions.
  • Status:  State of WA & AFA won lawsuit in 9th Circuit Court of Appeals; however, the Company continues to appeal at state level.
  • AS Compliance: No
  • Contact Information:  Washington State Department of Labor and Industries | Mailing Address: PO Box 44000 Olympia, WA  98504-4000 | Phone:  360-902-5800 | Website:  www.lni.wa.gov –> For Workers –> File a Workplace Complaint

WA Paid Sick Leave (WPSL)

  • Reference:  Initiative 1433
  • Rule(s) of Interest to FAs: (1) Employees can use sick leave for preventative care for themselves and/or applicable family members. (2) Discipline and infractions that may lead to discipline (including Attendance Points) cannot be assessed for use of paid SL. (3) Employees can use paid SL on the 90th calendar day of employment (i.e., during FA probationary period).
  • Status:  A4A is appealing summary judgment motion in favor of State of WA & AFA.  The State of WA won in the 9th Circuit Court of Appeals; however, the Company continues to appeal.
  • AS Compliance: No
  • Contact Information: Washington State Department of Labor and Industries | Mailing Address: PO Box 44000 Olympia, WA  98504-4000 | Phone:  360-902-5800 | Website:  www.lni.wa.gov –> For Workers –> File a Workplace Complaint

WA Paid Family Leave (WPFL)

  • Reference: Builds on FMLA & RCW 50A
  • Rule(s) of Interest to FAs: WPFL is a statewide insurance program that ensures paid family leave for various situations. WPFL usually covers 12 weeks of leave, or up to 18 weeks in certain circumstances, and workers receive between $100 and $1,000 per week depending on their income.
  • Status:  No known disputes currently. – Premiums were to be deducted starting January 1, 2019, and leaves were to be allowed beginning January 1, 2020. 
  • AS Compliance: No
  • Contact Information:  Employment Security Department | Phone:  1-833-717-2273 | Email:  paidleave@esd.wa.gov | Website:paidleave.wa.gov

WA Long Term Care (Cares Fund)

  • Reference:  RCW 50B.04
  • Rule(s) of Interest to FAs:  The WA Cares Fund was created to reduce pressure on the Medicaid system. Once vested, you will be eligible to access a maximum lifetime benefit of $36,500 (adjusted for inflation) to pay for expenses associated with needing assistance with activities of daily living (ADLs). Unlike private insurance that generally requires you to be unable to do two ADLs, the WA Cares Fund requires that individuals need assistance with three ADLs to qualify. Examples of ADLs: Dressing, bathing, cognitive impairment, and other basic functions of your daily routine. Benefits are not portable or payable if you reside outside of Washington state at the time the benefit is needed.
  • Status:  No known disputes currently. – Paid for by a 0.58% tax on employee wages starting January 1, 2022, with benefits beginning in January 2025.
  • AS Compliance:  No – The Company does not intend to collect premiums.
  • Contact Information:  Washington State Department of Social and Health Services | Email:  wacaresfund@dshs.wa.gov | Website: http://www.wacaresfund.wa.gov/

Oregon

OR Family Leave Act (OFLA)

OR Paid Family and Medical Leave Insurance (OPFMLI)

  • Reference:  HB 2005​
  • Rule(s) of Interest to FAs: OPFMLI will provide 12 weeks of paid time off for various circumstances, with weekly benefits capped at $1215. The employee must have earned at least $1,000 in wages during the previous year. This leave will run concurrent with OFLA. 
  • Status: State pushing start date to January 2023 or later
  • AS Compliance:  N/A – Begins in 2023 or later, but AS will likely not follow the law.
  • Contact Information:  Oregon Employment Department | Mailing Address:  875 Union St. NE Salem, OR 97311 | Phone: 503-947-1394 | Email:  paidfamilyandmedicalleave@oregon.gov | Website: https://www.oregon.gov/employ/PFMLI/Pages/default.aspx

California

CA State Disability Insurance (CASDI)

  • Reference:  California Unemployment Insurance Code §2601 et seq.
  • Rule(s) of Interest to FAs:  Partial wage replacement for non-work disability: illness, injury and/or pregnancy. SDI contributions are paid by California workers covered by the SDI program.
  • Status:  No known disputes currently
  • AS Compliance:  Yes – Since 1987
  • Contact Information:  Employment Development Department | Phone numbers:  English: 1-800-480-3287; and Spanish: 1-866-658-8846 | Website:  https://askedd.edd.ca.gov or https://edd.ca.gov/Disability/SDI_Online.htm

CA Family Rights Act (CFRA)

  • Reference:
  • Rule(s) of Interest to FAs: CFRA includes a generous pregnancy disability leave (PDL) and other family care and medical leave provisions under The Fair Employment and Housing Act. Requires 1250 hours in the prior 12 months. CFRA is like FMLA, but CFRA also covers domestic partner and domestic partner’s children. An employer can require the employee to use vacation pay, but the employee cannot use sick leave if not for the employee’s own medical condition. Health benefits must be continued during the leave if the employer is part of a group plan.
  • Status:  No lawsuits known to AFA at this time.
  • AS Compliance:  No
  • Contact Information:  Department of Fair Employment and Housing | Mailing Address: 2218 Kausen Drive, Suite 100, Elk Grove, CA 95758 | Phone: (800) 884-1684 | Email:  contact.center@dfeh.ca.gov | Website:  http://www.dfeh.ca.gov/

CA Family School Partnership Act

  • Reference:  CA Labor Code 230.8
  • Rule(s) of Interest to FAs: Employees may take 8 hours/month up to 40 hours/year to attend any day care or K-12 school function that is sponsored, supervised, or approved by the school, school board, or childcare facility. Time loss may be paid out of vacation pay, compensatory time off (CTO), personal time off or unpaid. Attendance Points may not be assessed for using this leave. Applies to parents, grandparents, or guardians with at least seven days’ notice.
  • Status:  No known disputes currently. – AFA encourages eligible and willing California FAs to request time off under this law and then to file a complaint with the state when denied.
  • AS Compliance:  No
  • Contact Information:  CA Dept of Industrial Relations | Phone Numbers: 1-844-619-8786 or SFO 415-703-5300, LAX 213-620-6330 or SAN 619-220-5451 | Email:  DLSE2@Dir.CA.gov | Website:  https://www.dfeh.ca.gov –> Complaints

Filing a Claim with the Appropriate Agency

AFA cannot file claims on behalf of Flight Attendants, but we’re here to assist

AFA does not have the ‘standing’ to file complaints with state or local agencies on behalf of affected employees–even if those employees are AFA Alaska members. However, we are very much interested in guiding and supporting members to file such complaints. Flight Attendants should reach out to their local AFA Benefits Committee representatives to discuss the law in question, and we will refer you to the applicable state agency so you can file a claim. Flight Attendants should copy an AFA rep into any email correspondence with the state.

Helpful tips

When filing a claim, the Flight Attendant will need to provide evidence of the Company’s refusal to comply with the law. Flight Attendants are encouraged to keep a documentation trail and to file timely as there may be filing timelines. We encourage Flight Attendants to tell any state agency representative that Alaska Airlines is knowingly disregarding the law.  AFA is hopeful that the states will act against Alaska Airlines management directly and compel the Company to comply with applicable state laws.   

In the Next Edition (Publishing Monday)

  • WA Long Term Care (Cares Fund)
  • CA 2021 COVID-19 Supplemental Paid Sick Leave

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