United pilots contract, Section 12 — Leaves of Absence
12-A Personal Leave (“PLA”)
12-A-1 When the requirements of the service permit, a Pilot may be granted a personal leave of absence up to a maximum of five (5) years for any reason deemed adequate by the Company.
12-A-2 Longevity shall cease to accrue after the first thirty-six (36) months of continuous personal leave.
12-B Medical Leave (“MLA”)
12-B-1 A Pilot may remain on medical leave of absence for up to seventy-two (72) months. He shall only continue to accrue longevity for the first thirty-six (36) months of continuous medical leave of absence.
12-B-2 A Pilot who is unable to return to Active status at the conclusion of seventy-two (72) months on medical leave of absence shall be removed from the Seniority List, except as provided in Section 6-D-2.
12-C Company Offered Leaves of Absence (“COLA”)
12-C-1 Nothing herein shall prevent the Company from offering COLAs to Pilots within a Category. The number, location and duration of such COLAs shall be at the Company’s discretion. COLA awards and COLA extensions shall be granted in seniority order within the Category.
12-C-2 Furlough Avoidance COLAs
12-C-2-a Furlough Avoidance COLAs offered as provided in Section 7 shall be offered and granted in system seniority order, without regard to Category.
12-C-2-b Furlough Avoidance COLAs may be offered before, after, or simultaneously with an offer of voluntary furlough. If offered sequentially, the Company shall offer both a COLA and a voluntary furlough, if necessary, until full subscription is reached or until there are no more Pilot volunteers, whichever occurs first. If such COLAs and voluntary furloughs are offered simultaneously, Pilots may elect either option.
12-D Military Leave (“MLOA”)
12-D-1 Unless required by law, a Pilot may not exceed six (6) consecutive years of military leave. This six (6) year limit shall not commence until all furloughed Pilots are offered recall.
12-D-2 Notwithstanding Section 11-A-4, a Pilot shall accrue vacation for the first ninety (90) consecutive days of military leave. Thereafter, he shall have his vacation accrual reduced by one- twelfth (1/12) for each full Bid Period he is on a military leave of absence in excess of ninety (90) days.
12-D-3 Return from Military Leave
Notwithstanding the requirements of Section 8-E-5-f and Section 12-H, the following shall apply to a Pilot who returns from a military leave of absence:
12-D-3-a If a Pilot was displaced pursuant to Section 8 while on military leave, when he returns to Active Service with the Company, in addition to the option in Section 12-D-3-b, he shall be permitted to displace to any Category that his seniority entitles him.
12-D-3-b A Pilot returning to Active Service with the Company shall be eligible to be awarded a position in any Category as follows:
12-D-3-b-(1) The Pilot shall make his request no later than ten (10) days after first notifying the Company of his intention to return to work or the date he is scheduled to report for training, whichever is first;
12-D-3-b-(2) The Category to be awarded is one in which the Pilot could have been awarded during the vacancy bidding process while he was on military leave (including, for a Pilot who went directly from furlough status to MLOA status, those unfilled vacancy awards assigned to junior Pilots under Section 7-A-2). If the Pilot’s seniority can no longer hold the awarded Category, he shall exercise displacement rights; and
12-D-3-b-(3) The returning Pilot shall have any freeze associated with such vacancy commence on the date that the vacancy was awarded to a junior Pilot.
12-E Family & Medical Leave (“FMLA”)
In accordance with the Family and Medical Leave Act (“the Statute”) except as specifically modified herein, an FMLA shall be available to eligible Pilots as follows:
12-E-1 The Pilot shall request FMLA in writing or electronically in accordance with Company policy.
12-E-2 Family members for purposes of FMLA are:
12-E-2-a Spouse, as recognized in the Pilot’s state of residence or “Domestic Partner” as defined in Section 24-A-7.
12-E-2-b Parent, including a biological parent or a person who raised the Pilot as a child; or
12-E-2-c Son or daughter, including biological, adopted, foster, or stepchild, or other minor (under eighteen (18) years of age) for whom the Pilot is a primary care giver, or such person over age eighteen (18) if that person is incapable of self-care due to a physical or mental disability.
12-E-3 Pilots may take FMLA for the following purposes:
12-E-3-a Recovery/rehabilitation from a serious health condition (one which requires in- patient or continuing treatment);
12-E-3-b To care for a family member with a serious health condition;
12-E-3-c Birth of a child; or
12-E-3-d Placement of a child with the Pilot for adoption or foster care.
12-E-4 Duration
Pilots shall be entitled to a maximum of (90) days of FMLA in any rolling twelve (12) month period. A rolling twelve (12) month period is determined by counting backwards twelve (12) full months from the first day of any FMLA.
12-E-5 Required Documentation
12-E-5-a The Company may require sufficient medical documentation prior to granting FMLA in cases where leave is based on the Pilot’s or his family member’s serious health condition. The Company may also request periodic evidence of continuing eligibility, but no more frequently than once every two (2) months.
12-E-5-b A Pilot shall be afforded fifteen (15) days from receipt of such request to provide the necessary documentation.
12-E-6 Extensions of FMLA
12-E-6-a For events other than the birth or adoption of a child covered in Section 12-F (Maternity/Parental Leave of Absence), a Pilot is entitled to extend a FMLA up to six (6) consecutive months. The FMLA may thereafter be extended for an additional three (3) months on a month-to-month basis with Company approval.
12-E-6-b A Pilot shall not be entitled to the benefits of the Statute during extension(s) of FMLA, but shall be entitled to the benefits provided by Section 12-E.
12-E-7 Intermittent FMLA
A Pilot using FMLA to recover from a serious health condition or to care for a family member who has a serious health condition may take the FMLA on an “intermittent” basis as defined in the Statute, in accordance with Section 12-E-8 if the treating medical care provider certifies the necessity for so doing.
12-E-8 Tracking FMLA
12-E-8-a For purposes of tracking FMLA usage the ninety (90) day maximum entitlement described above shall be converted to a 250 hour FMLA bank (based on eighty-three and thirty-three one hundredths (83.33) hours per Bid Period).
12-E-8-a-(1) For purposes of tracking intermittent leave, a Pilot shall be charged the actual time missed or four hours and nine minutes (4:09) for each day or portion of a day missed, whichever is less.
12-E-8-a-(2) For purposes of tracking non-intermittent leave, each day used shall reduce the available bank by two hours and forty-seven minutes (2:47).
12-E-9 FMLA General
12-E-9-a A Pilot must provide advance notice when practicable. Thirty (30) days advance notice is required for leaves which are reasonably foreseeable, such as the birth of a child, or for planned medical treatment.
12-E-9-b Should the Statute be amended, any amendments shall be incorporated herein, and the parties shall promptly meet and agree on the nature and extent of any such changes required to this Section 12.
12-E-9-c FMLA is unpaid except that:
12-E-9-c-(1) A Pilot suffering from a serious health condition, a pregnant Pilot, or a Pilot giving birth may use paid sick leave and ESB prior to using FMLA.
12-E-9-c-(2) Prior to beginning FMLA, a Pilot may use vacation that was accrued for use in the next vacation year as defined in Section 11-G-1. The use of vacation prior to FMLA should be pre-loaded prior to Monthly Schedule Preferencing whenever possible and, when preloaded, shall pay and credit in accordance with Section 11-C. Pay for any necessary Trip or Reserve Day drop known after Monthly Schedule Preferencing will be in accordance with Section 11-G-3 Vacation Trip Drop. Such vacation trip drops shall not be subject to company discretion.
12-E-9-c-(3) In addition to the entitlement in Section 12-E-9-c-(2), when a Pilot takes FMLA for the birth or adoption of a child, the Pilot may use current year’s vacation in accordance with the provisions below, or next year’s vacation to cover the absence in accordance with Section 12-E-9-c-(2). Such vacation trip drops shall not be subject to company discretion.
12-E-9-c-(3)-(a) When using current year’s vacation, each vacation day shall pay the amount specified in Section 3-F-1 of Add Pay and credit the amount specified in Section 5-B-1-c-(3) of Line Credit value.
12-E-9-c-(3)-(b) Unless otherwise selected by the Pilot, the number of current year Vacation Days used to cover the absence will match the number of Days in the Trip or the number of reserve days dropped. The Pilot may choose to increase the number of current year Vacation Days used to cover the absence, up to the full pay value of the dropped Trip or five and one-quarter (5:15) hours per reserve day being covered, by dividing the pay value of the drop by the value of a Vacation Day and rounding up to the next whole number. For example, assuming the 2024-2025 vacation value of four and one-quarter (4.25) hours per day, if a Lineholder drops a two-day Trip worth ten and one-half (10.5) hours, three (3) days of vacation may be used and the Pilot will receive twelve and three-quarter (12.75) hours of Add Pay for the dropped Trip. Or, if a reserve Pilot drops one (1) day of reserve, two (2) vacation days may be used, and the Pilot will receive eight and one-half (8.5) hours of Add Pay for the dropped reserve day.
12-E-9-c-(3)-(c) Following such a drop, a Lineholder’s PTC will be reduced in accordance with Section 3-C-1 and a reserve’s MPG will be reduced by four hours, seventeen minutes and thirty-nine seconds (4:17:39) per day for the number of reserve days dropped. A Lineholder’s PTC and LPV will be reduced by the value of the Trip at the time of the drop. The dropped Trip or reserve days will continue to count toward a Pilot’s Nonflying Hours per 5-B-2-b-(2) or 5-B-2-c-(2).
12-E-9-c-(3)-(d) The Pilot shall designate which Vacation Days from the current vacation year are used, provided such days are either unawarded or are at the beginning or end of a contiguous string of vacation days. During Monthly Schedule Preferencing, no vacation which is scheduled in the Bid Period being preferenced may be used.
12-E-9-d FMLA shall not be considered in any assessment of a Pilot’s reliability.
12-E-9-e FMLA shall not be canceled without Pilot concurrence.
12-E-9-f If a Pilot is working a Trip and it becomes necessary for him to return home to begin the planned FMLA leave for the birth or adoption of a child, he shall be provided NRPS travel to his home.
12-E-10 A Pilot who experiences an FMLA-qualifying event but does not meet the statutory requirements for FMLA shall be granted a Personal Leave not to exceed twelve (12) weeks. The Pilot shall be treated for all other purposes under the provisions of this Section 12-E and shall be eligible to maintain Medical/Dental/Vision insurance at Active Pilot rates during the period of a Personal Leave granted in accordance with this Section 12-E-10.
12-F Maternity/Parental Leave of Absence (“MPLA”)
12-F-1 When an active Pilot’s medical condition requires, a pregnant Pilot shall be entitled to an MPLA of up to the greater of ninety (90) days or the length of time medically required, such leave to be inclusive of any FMLA entitlement pursuant to Section 12-E. At the conclusion of this MPLA, she may extend her leave by as much as nine (9) months. In addition she may take her leaves (one of which may be for reasons not related to her medical condition; e.g., visiting Grandparents) in non-consecutive blocks, as long as (-1-) they are completed within one (1) year of the birth; (- 2-) each block of days off is at least seven (7) days long; and (-3-) each work block between blocks of days off is at least fourteen (14) days long.
12-F-1-a As part of the benefit provided in this Section 12-F-1, non-probationary, active Pilots who are medically required to cease flying or who give birth to a child will be provided pregnancy disability/childbirth recovery leave during their period of disability for a maximum of eight (8) weeks of MPLA per pregnancy and shall be paid by the Company in accordance with Section 3-G. This paid leave must be taken continuously, starting either prior to or immediately following the birth of the Pilot’s child and can bridge across the birth of the Pilot’s child. This paid leave when applicable and to the extent permitted by law, will run concurrently with any paid or unpaid leave required under any applicable federal, state or local leave laws, including but not limited to leave under the federal Family and Medical Leave Act (FMLA). The amount of leave cannot be scheduled so as to extend the available leave under applicable federal, state or local law.
12-F-2 All Pilots shall be eligible for fourteen (14) days of Parental Leave, paid by the Company in accordance with Section 3-G, for the birth, adoption, surrogacy, guardianship or fostering of a child. Following this fourteen (14) day period, the Pilot may take an additional fourteen (14) days of unpaid Parental Leave. Any such unpaid leave shall count towards the limits contained in Section 12-F-1 and 12-F-3, respectively, but may be taken separately.
12-F-2-a Example 1: A pregnant Pilot takes all leave provided in Sections 12-F-1-a and 12-F- 2. The Pilot’s cumulative leave is twelve (12) weeks, of which ten (10) weeks are paid by the Company in accordance with Section 3-G. The Pilot remains eligible for any other remaining leave provided in Section 12-F-1, though the fourteen (14) days of unpaid leave taken in accordance with Section 12-F-2 shall count towards the ninety (90) day leave period provided in Section 12-F-1.
12-F-2-b Example 2: A Pilot who is not eligible for leave in accordance with Section 12-F-1 takes the full leave provided in Section 12-F-2. The Pilot’s cumulative leave would be twenty- eight (28) days, of which fourteen (14) days would be paid by the Company in accordance with Section 3-G. The Pilot remains eligible for an additional seventy-six (76) days of leave provided by Section 12-F-3 (ninety (90) days minus fourteen (14) days already taken).
12-F-3 A Pilot who does not fall under Section 12-F-1 shall be entitled to a MPLA of up to ninety (90) days, inclusive of any FMLA entitlement, pursuant to Section 12-E in conjunction with the birth or adoption of a child. At the time the Pilot takes their leave, the Pilot may extend their leave by as much as nine (9) months, but such leave must be taken as a single block of time, and must be completed within one (1) year of the birth or placement.
12-F-4 In both cases above in Sections 12-F-1 and 12-F-3, the MPLA may thereafter be extended for an additional three (3) months on a month-to-month basis with Company approval.
12-F-5 A Pilot who is pregnant may elect to exhaust paid sick leave and ESB prior to using MPLA entitlements.
12-F-6 A Pilot may elect to exhaust unused vacation remaining available in the current year prior to beginning MPLA or after its completion.
12-G Emergency Leave of Absence (“ELA”)
12-G-1 An ELA for an illness (life threatening or otherwise), injury or death of an immediate family member (as defined in Section 12-G-3) or ELAs for the death or life-threatening illness of relatives other than the Pilot’s immediate family members shall be granted for up to ninety (90) days without pay at the request of the Pilot.
12-G-2 ELA extensions in excess of ninety (90) days in any twelve (12) month period may be granted at the discretion of the Company. ELAs may be counted for purposes of FMLA when applicable.
12-G-3 Immediate family members for purposes of an ELA include: spouse, child, mother, father, brother, sister, grandparent, grandchildren, parent-in-law, Domestic Partner and wholly dependent relatives residing in the employee’s home (including stepchildren and stepparents).
12-H Return From Leave
12-H-1 A Pilot returning from leave is responsible for contacting the Company to establish return to work processing requirements. Company services required to fulfill administrative processing requirements shall be made available to a Pilot without delay, and the Pilot shall take the necessary actions to satisfy those requirements, including initiating background checks. A Pilot may initiate these processing requirements prior to providing return notice.
12-H-2 A Pilot returning from an unpaid leave who requires training and/or administrative processing (e.g. obtaining FAA medical certificate, DOT drug testing, finger printing, etc.) may return to active pay status pursuant to either Section 12-H-2-a or Section 12-H-2-b. A Pilot may change from Section 12-H-2-b to Section 12-H-2-a once after providing his return notice to the Company.
12-H-2-a When he has fully complied with all administrative processing requirements necessary to commence flight training, he may notify the Company that he is immediately available for training, and:
12-H-2-a-(1) Upon such notification, the Pilot shall immediately begin to accrue 2:20 MPG until May 1, 2024 and 2:20 PTC thereafter, as applicable, per day, in accordance with the provisions of Section 3-C-1-a-(1).
12-H-2-a-(2) If thirty (30) days after his notification the Pilot has not begun training due to the Company not making training available, he shall be paid two and eight-tenths (2.8) hours per day from the thirty-first (31st) day until the day he begins training.
12-H-2-a-(3) Effective on the later of thirty-one (31) days after such notification provided in Section 12-H-2-b or the date he is available for training, a Pilot who has changed from option Section 12-H-2-b to Section 12-H-2-a shall be paid two and eight-tenths (2.8) hours per day.
12-H-2-a-(4) Such Pilot will be considered to have waived the minimum-notice requirements in Section 12-H-6.
12-H-2-b Prior to complying with all administrative processing requirements, he may give the Company notice of at least thirty (30) days prior to the date he is available to begin training, and:
12-H-2-b-(1) He shall be paid two and eight-tenths (2.8) hours per day beginning the later of thirty-one (31) days after such notification or the date he is available for training.
12-H-2-b-(2) He shall not be required to attend training prior to his declared date of availability.
12-H-2-b-(3) They shall be allowed to participate in Monthly Schedule Preferencing for any days not pre-loaded with an absence or activity.
12-H-3 The return from unpaid leave provisions in Section 12-H-2 shall not apply to a Pilot returning from an MLOA.
12-H-4 A Pilot receiving LTD benefits shall notify the Chief Pilot’s Office within three (3) Business Days of regaining the required medical certification. A Pilot shall continue to receive LTD benefits until the earlier of:
12-H-4-a the date the Pilot commences training; or
12-H-4-b fifteen (15) days following the date the Pilot regained the required medical certification at which time the Pilot shall be placed in paid status at two and eight-tenths (2.8) hours pay per day for his bid position.
12-H-5 Except as otherwise provided in Section 12-D-3 (MLOA), a Pilot returning from an authorized leave of absence shall return to the Category he held prior to the beginning of such leave unless he has received a vacancy or displacement award during such leave of absence. If he has, he shall return to the Category resulting from such award. Except as otherwise provided in Section 12-D-3 (MLOA), a Pilot who went directly from furlough status to an authorized leave of absence shall, upon returning from the authorized leave of absence, select from those advertised
but unfilled vacancies he could have held as a member of his imputed recall class, had he not gone directly on leave of absence, unless he has received a vacancy or displacement award during such leave of absence. If he has, he shall return to the Category resulting from such award. In addition, the period(s) of absence shall not apply to the time limits prescribed in Section 8-F.
12-H-6 When training is required, the Pilot shall be notified as far in advance as possible but in no case less than seven (7) days prior to being scheduled to receive such training. If the Pilot waives the notification requirement and he does not have a scheduled calendar day off between the time of notification and the time he is required to travel to training, he shall be provided with a calendar day off within seven (7) days from the time he is required to travel to training. All training for a Pilot returning from leave shall be considered as requalification training in accordance with Section 9-B-1, even if the individual Pilot’s training plan is identical to another form of training.
12-I Leaves of Absence General
12-I-1 Except as otherwise provided in Sections 12-A-2 (PLA) and 12-B-2 (MLA), a Pilot shall accrue longevity while on a leave of absence.
12-I-2 The Company shall allow access to CCS, or its equivalent, to Pilots on a leave of absence in order to allow them to update their address, access employee reservations, update their standing system staffing bid, and input vacancy, displacement and vacation bids.
12-I-3 Except as otherwise provided in Sections 12-E-9-c-(1) and 12-F-5, sick leave with pay and/or ESB shall not be granted while a Pilot is on a leave of absence.
12-I-4 Any dispute arising under this Section 12 concerning the physical fitness of a Pilot shall be settled in accordance with Section 14.
12-I-5 A Pilot on a Leave of Absence taken under this Section 12 shall receive vacation pay for previously-awarded vacation, if any, at the time such vacation would have been taken but for the Leave of Absence. However, a Pilot may request to instead have the vacation cancelled provided he notifies the Company of such request no later than the last day of the Bid Period preceding the vacation. Vacation cancelled pursuant to this Section 12-I-5 shall be available for the Pilot to bid in the monthly vacation bidding process, if he returns from leave in time to bid for a vacation award that occurs prior to the end of the Vacation Year. Any cancelled vacation days that remain unawarded at the end of the Vacation Year shall be treated in accordance with Section 11-H.
12-I-6 When a dispute arises over the Company's interpretation and/or application of state sick or “kin care” laws, the Company and the Association will meet to discuss the issue(s) related to the dispute. Notwithstanding this agreement to meet and discuss, the Company maintains the right to interpret and/or apply the state sick or “kin care” law as it deems fit. Nothing in this provision prohibits either the Company or a Pilot or the Association from exercising their rights with a state agency or court.
12-J Benefits While On Leave
Benefits provided while on a leave of absence shall be governed as shown in the chart below.
| Leave Type | Medical/ Dental/ Vision | Basic Life | Voluntary Life | Personal Accident | Voluntary Personal Accident | LTD |
|---|---|---|---|---|---|---|
| Personal (PLA) | YES Pilot pays full premium cost for duration of PLA | YES 180 days only - at Pilot’s expense | YES At Pilot’s expense | NO | YES At Pilot’s expense | YES Pilot pays 100% cost |
| Furlough (FLA) | YES Active rates for 90 days, then COBRA | YES 90 days only | YES At Pilot’s expense | YES 90 days only | YES At Pilot’s expense | NO |
| Maternity/ Parental (MPLA) | YES Active rates for duration of MPLA | YES 180 days only - at Pilot’s expense | YES At Pilot’s expense | YES At Pilot’s expense | YES At Pilot’s expense | YES Pilot’s cost share for 6 months, then Pilot pays 100% cost |
| Medical (MLA) | YES Active rates for 36 months, then COBRA | YES At Pilot’s expense at conversion rate | YES At Pilot’s expense | YES At Pilot’s expense | YES At Pilot’s expense | YES Pilot’s cost share for 6 months; then Pilot pays 100% cost |
| Military (MLOA) | YES Active rates for 36 months, then Pilot pays full premium cost for duration of MLOA | YES 90 days, then at Pilot’s expense | YES At Pilot’s expense | YES 90 days, then at Pilot’s expense | YES At Pilot’s expense | YES Pilot’s cost share for 6 months; then Pilot pays 100% cost |
| COLA | YES Pilot pays full premium cost for duration of COLA | YES 180 days only - at Pilot’s expense | YES At Pilot’s expense | YES At Pilot’s expense | YES At Pilot’s expense | YES Pilot pays 100% cost |
| COLA (furlough) | YES Active rates for duration of COLA | YES 180 days only - at Pilot’s expense | YES At Pilot’s expense | YES At Pilot’s expense | YES At Pilot’s expense | YES Pilot pays 100% cost |
| LTD | YES Active rates for duration of LTD | YES | YES Reimbursement/ waiver of premium: §24-I-7-a | YES | YES At Pilot’s expense | YES Premium waived * |
| Emergency (ELA) | YES COBRA | YES At Pilot’s expense at conversion rate | YES At Pilot’s expense | YES At Pilot’s expense | YES At Pilot’s expense | YES Pilot pays 100% cost |
All benefits continue at Active rates through the end of the calendar month in which the leave begins, except if the leave begins on the first day of the calendar month, benefits stop the last day of the previous calendar month. Full premium cost is COBRA rate without the administrative load of 2%. *Premium waived upon application for LTD benefits subject to LTD Plan Document (Article 6.3).