tsteinruck
New Member
I am an airline pilot working under a collective bargaining agreement. I have applied for FMLA and it was awarded as requested with no problems. I have requested 2 weeks leave, with two work weeks on my monthly schedule. The problem is with how my monthly schedule was built by the company computer program. I would normally work a set schedule, which in the business we call a "line". This month I did not hold a line, and the computer program awarded me an "on call" or "reserve" schedule. After reviewing the awards of other employees I discovered that my seniority would have held a line. I filed a dispute with the company and union and I received the reply "because of my FMLA request a flight line could not be built". The truth is a flight line could absolutely be built, it just could not be built to their liking. It is my impression that I should hold and work the same schedule as I would have if I had not filed for FMLA. Because of the FMLA, I have been penalized. The difference in pay and schedule between a line and reserve schedule is significant, not to mention the quality of life. Upon referencing CFR 825.220 "Protection for employees who request leave or otherwise assert FMLA rights, I discovered that an employer cannot retaliate, discriminate or discourage an employee from using FMLA. The reduction of my status to reserve has cost me $3000 in lost wages and countless hours away from my family. There is no question that the company (computer program) has punished me for taking FMLA, and I am certainly discouraged from ever using it again. My questions are, am I interpreting the CFR correctly? Is the company responsible for the computer software's violation of my rights? Are the company's actions constidered reasonable regardless of the damages I received? Is recourse a possibility and which avenue should I pursue, general grievance with arbitration, DOL complaint, in house resolution, etc..
Thank you.
Thank you.