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CA LOA 101
State Protected Hours – CA
OAK & LAX have the same terms to earn Paid Sick Leave Days that can be used for the following:
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The diagnosis, care, or treatment of an existing health condition for the Flight Attendant or the Flight Attendant’s qualifying family member;
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Preventative care for a Flight Attendant or Flight Attendant’s qualifying family member; or
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For any Flight Attendant who is the victim of domestic violence, sexual assault or stalking, to take steps to remedy the abuse.
To determine how many Protected Absence Hours a Flight Attendant accrues each month, Southwest Airlines will look back at the previous month’s work. A Flight Attendant will accrue each month the greater of the following numbers of Protected Absence Hours:
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One (1) Protected Absence Hour for every 30 hours worked (per the sick leave laws of California and either Oakland or Los Angeles); or
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Fifty percent (50%) of your Company-provided sick leave accrual for that month pursuant to your Collective Bargaining Agreement (CBA) at your current rate of entitlement.
NOTE: Flight Attendants based in OAK or LAX are eligible for these benefits, regardless of where they live.
Other California State Leave Options
California State Disability Insurance (SDI)
SDI is a wage-replacement insurance plan for California workers. The SDI programs are state-mandated and funded through employee payroll deductions. Workers covered by SDI are covered by two programs: Disability Insurance (DI) and Paid Family Leave (PFL). The Disability Insurance program provides affordable, short-term benefits to eligible workers who suffer a loss of wages when they are unable to work due to a non-work-related illness or injury, or due to pregnancy or childbirth.
California Employee Development Department (EDD): https://edd.ca.gov
NOTE: Flight Attendants who live outside of the state of CA but are based in OAK or LAX will have an SDI deduction out of their paycheck and are eligible for this program. If they do not have a CA driver’s license (or SSN matching a CA resident), the physical paper form (as opposed to the online form) will need to be submitted.
You can get a paper Claim for Disability Insurance (DI) Benefits (DE 2501) form by:
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Ordering a form online to have it mailed directly to you.
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Visiting an SDI Office.
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Calling 1-800-480-3287 and selecting DI Information option 3 to request a paper form by mail.
Paid Family Leave (PFL)
The PFL program was established for workers who suffer a loss of wages when they need to take time off from work to care for a seriously ill child, spouse, parent, registered domestic partner, or to bond with a new child. The program provides a 6-week paid benefit which does not have to be continuous.
California Employee Development Department (EDD): https://edd.ca.gov
NOTE: Flight Attendants who live outside of the state of CA but are based in OAK or LAX will need to submit the physical paper form to utilize the PFL program.
To get your paper Paid Family Leave (PFL) Benefits (DE 2501F) form, you can:
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Order online to have it mailed to you within ten (10) days.
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Ask your employer for a form.
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Visit an SDI Office.
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Call 1-877-238-4373 to request a paper form by mail.
New mothers transitioning from a Disability Insurance (DI) related pregnancy claim to bonding: When you have recovered from delivering your baby, a Claim for Paid Family Leave (PFL) Benefits – New Mother (DE 2501FP) will be automatically mailed to you in a separate envelope at the same time your final disability payment is issued.
California Family School Partnership Act (CFSPA)
The CFSPA is a California law that allows parents, grandparents, and guardians to take time off from work to participate in their children’s school or childcare activities. If you are a parent, guardian, or grandparent who has custody of a child enrolled in a public or private school (kindergarten through grade twelve), or licensed child day care facility, you may take off up to eight (8) hours in any calendar month for a total of five (5) days a year (up to a total of forty (40) hours each year) to participate in activities at your child’s school or day care facility.
To utilize CFSPA, SWA will first ask the Flight Attendant to trade down to match the number of CFSPA days needed, or trade days. If unable to trade, the Flight Attendant needs to contact Inflight A&L at least two (2) business days prior to the start of the assignment. If multi-day pairings are pulled with only one day have CFSPA being applied, the remaining days will be coded “LVN”.
California Doctor Designation
California labor code permits you (the employee) the right to be treated by a personal physician in the event you sustain an on-the-job injury (OJI). The treated physician needs to be designated at least 30 days prior to the injury or illness and on file with your employer. A PDF of the California Doctor Designation can be found on the TWU Local 556 website.
staging1.twu556.org > Members > OJI/Workers Comp > OAK or LAX
California (OSCK/LSCK) Frequently Asked Questions (FAQs)
Q1: Where do I apply California Protected Hours to my sick call?
You will need to report sick/ill as normal using either the Electronic Report Sick (ERS) on Crew Web Access (CWA) or call Crew Scheduling. Oakland based Flight Attendants can apply Oakland Sick California Kincare (OSCK) as long as they have earned OSCK days and corresponding sick time. Los Angeles based Flight Attendants can apply Los Angeles California Kincare (LSCK) as long as they have earned LSCK days and corresponding sick time.
IMPORTANT NOTE: You will still need to report sick/ill as normal at least two (2) hours prior to check-in.
After being pulled from your assignment, submit the “California State Leave” in Workday.
To Submit California (OSCK/LSCK):
SWALife > Workday > Menu > Leave, OJI, & Accommodations > “Create Case” > Case Type – “State Leave Forms” > Case Title – “California State Leave” > Click “Add Required Details” > Select Illness Start Date (Required Field), Illness End Date (Required Field), and the “California State Leave” (Required Field) > Click “OK” > Click “Create Case”
Q2: Is there a timeline to submit and use available California (OSCK/LSCK) Protected Hours?
Yes. Like a Doctor’s note, you will need to submit the “California State Leave” in Workday prior to or on your next scheduled pairing, or within seven (7) working days (excluding weekends and holidays) after the ending of your last day of absence, whichever is sooner.
Q3: Will California (OSCK/LSCK) Protected Hours be automatically applied to cover my absence?
No. If you would like to use your accrued California (OSCK/LSCK) Protected Hours to cover your absence, you will need to submit your request via Workday. If the “California State Leave” is not submitted via Workday, your contractual sick leave options (valid quarterly PIN, INT FMLA or Doctor’s note -or- accrual of attendance points) will apply.
Q4: Can I take unpaid California (OSCK/LSCK) Protected Hours?
No. In order to utilize California (OSCK/LSCK) Protected Hours, you must have accrued California (OSCK/LSCK) Protected Hours and the TFP in your sick bank to cover your absence.
Q5: If I don’t use my accrued California (OSCK/LSCK) Protected Hours, do I “lose” them at the end of the year?
No. California (OSCK/LSCK) Protected Absence Hours will roll-over from one calendar year to the next but are subject to the accrual and/or usage caps which are applicable in each location.
Q6: How can I check to see how many California (OSCK/LSCK) Protected Hours I have available?
The easiest way to check your OSCK/LSCK hours is to submit a “General Leave Inquiry” in Workday.
SWALife > Life & Career > Employee Services Main > Workday > Menu > Leave, OJI, & Accommodations > “Create Case” > Case Type – “General Leave Inquiry”
Q7: How do I find out if I have enough sick bank available to cover my absence?
Log-in to www.swacrew.com > Reports > Payroll Report > Scroll to the Bottom.
For example, if you have a 3-day pairing that pays 21.3 TFP, you will need at least 21.3 TFP in your sick bank in order to use three (3) earned OSCK or LSCK days.
Q8: How will I know if the OSCK or LSCK has been applied to my absence?
Inflight Attendance and Leave typically takes 3-5 business days to apply State Leaves. Your CWA screen should show a green bar with the “OSCK” (OAK) or “LSCK” (LAX) code either above or below your sick leave pay (SLP) bar.
Q9: I’m based in LAX but live in SEA. Am I still eligible to use LSCK?
Yes. All Flight Attendants based in OAK or LAX are eligible to use accrued OSCK or LSCK, respectively.
Keep In Mind: If you live in CA but are based elsewhere -or- pick-up flying out of OAK or LAX you will not be eligible to use OSCK or LSCK. You must be based in OAK or LAX to utilize OSCK or LSCK.
Q10: I am based in OAK and pick up a 3-day out of LAS. Unfortunately, I have food poisoning and need to report in sick for the pairing. Can I use my accrued OSCK to cover this absence?
Yep! The key to being able to use OSCK or LSCK is that you are based in a CA domicile (OAK or LAX).
Q11: It’s great seeing these types of State Leaves being introduced in more domiciles. Is there anything I can do to help advance worker’s rights in CA and offer my support for more legislated improvements?
It is true that worker’s rights and protections often involve garnering political support and pushing for change. CAPH and similar laws being implemented in states throughout the US aren’t being extended to employees out of SWAs good heart. It’s Members like YOU who are affecting this positive change by organized discussions with elected officials in your state. If you would like to be more involved in activities, such as lobbying and state conventions, please reach out to your Domicile Executive Board Member (DEBM).
Questions? LeaveHelp@staging1.twu556.org