Tap here to download State Protected Hours – MD
MD LOA 101
State Protected Hours – MD
BWI based Flight Attendants based will be able to use their accrued sick leave:
-
To care for or treat the employee’s mental or physical illness, injury, or condition;
-
To obtain preventative medical care for the employee or the employee’s family member;
-
To care for a family member with a mental or physical illness, injury, or condition;
-
For maternity or paternity leave; or
-
The absence from work is necessary due to domestic violence, sexual assault, or stalking committed against the employee or the employee’s family member
IMPORTANT: BWI-based Flight Attendants may use their accrued Maryland Protected Sick Leave hours for themselves or family members, for the covered reasons above.
Maryland Protected Hours (MDPH) Accrual
To determine how many Protected Absence Hours a Flight Attendant accrues each month, Southwest will look back at the previous month’s work.
-
A BWI-based Flight Attendant will accrue one (1) Protected Absence hour for every thirty (30) hours worked each month.
-
You will need eight (8) total hours of earned protected absences hours for one (1) full day of Paid Sick Leave (See Side Letter 1 in our Contract).
Please Review the chart to ensure you are aware of the annual accrual and usage maximums for your location.
NOTE: Inflight Attendance and Leave retroactively applied the law back to April 1, 2024, when the changes were implemented from the ratification of the Pink Contract.
Duty Hours Calculation
Duty Hours worked is calculated the same as Family Medical Leave Act (FMLA) using the following language from our Contract in Article 15.7.A:
The FMLA eligibility calculation is based on each work day from scheduled check-in to debrief in a rolling twelve (12) month period; including, but not limited to, Airport Standby, Vacation (calculated at 13.8 duty hours per week), Training, Company Convenience, Company paid Special Assignment or Local Union Leave. A Reserve who is obligated for Reserve duty and is not called out, will be credited for 5.72 duty hours for each day of her/his Reserve block(s).
Important FYI’s
-
Flight Attendants who are based in BWI are eligible, even if they do not reside in Maryland.
-
Flight Attendants who live in Maryland but are not based in BWI are not eligible.
-
Flight Attendants must have sick bank to cover the absence.
-
Flight Attendants must have earned eight (8) hours of MD Protected Absence to cover a single day pairing.
Frequently Asked Questions (FAQ)
Q1: How do I use my MDPH Protected Sick Leave?
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.
IMPORTANT NOTE: You will still need to report sick/ill as normal at least two (2) hours prior to check-in.
Q2: Can I opt to use MDPH Protected Sick Leave unpaid?
No. In order to use MDPH you must have the corresponding sick bank and earned MDPH days in order to use it.
Q3: Do I need to tell Crew Scheduling that I want to use MDPH Protected Sick Leave?
No. Once you have reported sick/ill (timely) you can submit your MDPH on Workday via SWALife, or the app on your iEFB.
To Submit MDPH:
SWALife > Life & Career > Employee Services Main > Workday > Menu > Leave, OJI, & Accommodations > “Create Case” > Case Type – “State Leave Forms” > Case Title – “MDPH Request” > Click “Add Required Details” > Select Illness Start Date (Required Field), Illness End Date (Required Field), and the “Maryland Healthy Working Families Act” (Required Field) > Click “OK” > Click “Create Case”
IMPORTANT NOTE: MDPH must be submitted via Workday prior to or on the next scheduled pairing or within seven (7) working days, (exclusive of Saturdays, Sundays, and Holidays), after the ending of the last day of absence, whichever is earlier.
Q4: If I use MDPH, does it prevent quarterly record improvement?
No. If an absence is covered by MDPH, it will be considered a non-chargeable occurrence (no points) and all provisions of Article 32.7.A.1. will apply.
Q5: Am I able to use MDPH on a Personal Illness Note (PIN) Black Out Date?
Yes. Black Out dates are only associated with a PIN.
Q6: If Emergency Sick Leave Procedures (ESCP) are in effect, can I still use MDPH to care for someone else?
Yes. If ESCP is in effect, after calling out sick/ill you will be transferred to either a Network Operations Center (NOC) Base Manager or Inflight Supervisor. When you speak to them, you will need to state that you are using MDPH to care for someone other than yourself. The NOC Base Manager or Inflight Supervisor may verify that you have MDPH days available and sick bank to cover the absence.
NOTE: If calling out for your own illness/injury, you will need to follow established ESCP in regard to verification of illness.
Q7: How do I find out how many MDPH day(s) I have available?
You can request the number of MDPH day(s) by submitting a “General Leave Inquiry” in Workday.
SWALife > Life & Career > Employee Services Main > Workday > Menu > Leave, OJI, & Accommodations > “Create Case” > Case Type – “General Leave Inquiry”
Q8: 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 MDPH days.
Q9: How will I know if the MDPH 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 above your sick leave pay bar with the “MDPH” code.
Q10: 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 MD 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. MDPH 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).
Maryland Family Flex Act (MFFLA)
The MFFLA allows BWI-based Flight Attendants to take time off with pay for the illness of a child, spouse (including Committed/Registered Partner or their children as defined by the SWA Benefit Program), or parent in compliance with the terms of Company Policies or applicable Collective Bargaining Agreement (CBA).
-
This leave must be paid, and you may utilize either your sick bank or vacation pay.
-
You must have enough trips in your sick bank or remaining vacation days to cover the entire pairing you will be absent. If you choose to utilize vacation days instead of sick bank, vacation day(s) will be deducted from your originally scheduled vacation time off.
All reporting requirements as outlined in the CBA are in effect. Attendance points will be applied for all reported absences and can be removed with a valid Doctor’s note or PIN for the covered Family Member. If a PIN or Doctor’s Note has already been used in the quarter for your own illness, or for a family member under another MFFLA reported absence, the attendance points will not be removed. If MFFLA is utilized during PIN Black Out Dates (Article 32.5.b.v), a valid Doctor’s note for the covered family member must be submitted within the applicable timeline (Article 32.4).
IMPORTANT: You must fill out and attach the MFFLA form (found on SWAlife > My Work > Inflight > Inflight Attendance and Leave Resources > State Leaves) when submitting your PIN or Doctor’s note in Workday.
Q1: Where do I find the MFFLA form?
The MFFLA form can be found in the Attendance & Leave resources on SWALife.
SWALife > My Work > Inflight > My Schedule > Audit, Attendance & Leave > “Leave of Absence Resources” >State Leaves > “Maryland” > “Flight Attendant’s Request for Use of Maryland Flexible Leave Act (MFFLA)”
Q2: How do I submit the MFFLA form?
STEP 1: Click on the hamburger icon in the top left corner of the screen
STEP 2: Under “Personal”, click “Leave, OJI, & Accommodations”
STEP 3: Create a case by selecting “Create Case”
STEP 4: Select “PIN” or “Doctor’s Note” in the dropdown menu (whichever is applicable)
STEP 5: Put “MFFLA Request” and the days of absence in the “Case Title” box
STEP 6: Under “Detailed Description” click “Attach File” and upload the MFFLA Form.
STEP 7: Click “Add Required Details”
STEP 8: Fill in the “Illness Start Date” (Required Field) and the “Illness End Date” (Required Field)
STEP 9: Click “OK”
STEP 10: Click “Create Case”
Questions? LeaveHelp@staging1.twu556.org