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The Department of Labor (DOL) is looking into a new United Airlines policy requiring flight attendants to provide a doctor’s note when they call out sick on Fridays, Saturdays, or Sundays.
The airline informed staff of the new policy over the weekend of July 20, Quartz reported. In an email the outlet viewed, United management expressed concerns about an uptick in flight attendants calling out sick on the weekends, and said this increase “has resulted in the need to require flight attendants to provide verification of an incapacitating illness from an accredited physician when making a sick call.”
The Association of Flight Attendants (AFA), which represents United employees, said in a statement that the new policy violated the terms of their union contract. Ken Diaz, president of the Master Executive Council of United’s flight attendants, filed a grievance over the airline’s decision to require a certificate of absence on the weekend.
On July 25, the DOL said it would work “with the airline and workers to ensure that the company’s leave policies are in compliance with the Family and Medical Leave Act.”
What the law says about sick leave documentation. United Airlines has defended the new policy, telling Quartz its contract with the AFA “allows the company to require a physician’s note in cases of suspected abuse of sick time.”
Employers can request doctors’ notes from workers taking leave under the Family and Medical Leave Act; however, they may only require this documentation every 30 days, at most. If employers require doctors’ notes for sick leave, they shouldn’t include a worker’s diagnosis or medical condition, but rather verify they’ve visited a healthcare provider, and any other details about “period of incapacity or job-related restrictions,” the Society for Human Resource Management recommends.
State laws regarding sick leave documentation vary. In New York, for example, employers can’t request a doctor’s note if a worker takes sick leave that lasts less than three consecutive days.
Chicago, where United Airlines is headquartered, recently expanded its sick leave ordinance. Under this policy, employers may require an employee to confirm in writing that they used paid sick leave “for permitted purposes.” They may not, however, request documentation from a medical or service provider unless the worker has taken three or more consecutive sick days. Chicago’s sick leave policy applies to employees who are physically located within the city.
United had not responded to HR Brew’s request for comment by the time of publication.