Maternity Guide and COLA
February 1999

An updated copy of the AFA Maternity Guide is available to you by calling your LEC office or the MEC office at 412-262-3110, ext #21. It will explain much of how our contract and policies work with regard to Maternity and your rights and responsibilities.

There are still many LTD MAT cases that need to be resolved. These are the claims that  were not timely filed (between April, 1993 and June, 1998) because of some sort of company interference ordiscouragement. We have been appraising your LEC officers of  the existence of these cases and how to advise the membership. Remember, it is a four part process:

  • First application, denial and appeal
  • Second denial and appeal
  • Appeal to the LTD Board
  • Appeal to third (neutral party)
There are 60 day appeals time limits on each of these steps that must be absolutely adhered to. There is no cost to you associated with these steps. We need to show great numbers of F/A’s in this situation to be successful in arbitration. Pregnant F/A’s saying, "I did not think we got LTD anymore" should be proof alone of  the intimidating hold that Management excercised knowingly and pervasively over vulnerable pregnant F/A’s. Further, knowing that this is the case, Management systematically and consistently and intentionally misadvised and  misinformed F/A’s on this issue by telling them "to not bother applying - the company is not paying this anymore". Management was very much aware that the entire issue was in dispute and not yet settled. This type of management activity should not be rewarded or encouraged by  going unrecognized or unpunished.  Management must be held absolutely accountable for it’s contract violations and F/A’s who have suffered econimic loss because of these actions should be made whole. We hope to be able to make a case  that the company systematically created an environment of discouragement and denial that served to intimidate F/A’s and that  company officials consistency misadvised them of their rights.

Social Security COLA Confiscation Grievance

We successfully prevailed against the company at arbitration when Management tried to confiscate Social Security COLA’s from F/A’s already collecting LTD. This was another of management's unilateral courses of action that violated our contract. Dozens of F/A’s were involved in thisdispute and the company actually tried to stonewall the arbitrator’s decision and delayed implementation for months. This is another problem that needs to be addressed. Management certainly implements it’s favorable decisions immediately.

January 1999


The Maternity Issue has been settled, hopefully once and for all. From an EEOC Decree almost 20 years ago, we and our pregnant F/A sisters will finally know what they are entitled to and how to proceed. At issue was company application of the terms of our last contract (April 1993). 

We had negotiated a Maternity contract section that stated that a pregnant F/A could work past the end of the 27th week of pregnancy only with their Dr.'s Written permission. This was a way to protect people who were physically capable of working and who wanted to work because they needed the money. It was also so we would not prevent physically capable F/A's from earning a living as not to discriminate against them. Incredibly, the company interpreted this as meaning that no one should receive LTD Benefits unless they were totally disabled (bedridden, abnormality beset, or complication fallen) no matter what week of pregnancy they were at! The company would not even continue to include an LTD application in the company Maternity packet. 

We on the LTD Board took exception to this obvious miscarriage of contractual intent and filed for third party intervention. A "normal" pregnancy does not by any means mean that a pregnant person is "normal" in the way a non pregnant person is. A normal pregnancy can mean that one is carrying around a bowling ball in their abdomen and suffering a whole range of physical symptoms that makes performing the F/A job or any other physically demanding job a real adventure (especially for their fellow crew members). We preferred to leave it up to the F/A's physician to decide. 

The powers that were, at the time, came to agreement that the entire issue would be subject to the three Doctor rule of the physical examination section of the contract and LTD plan. The company Dr., and finally, after much delay, the AFA appointed Dr. both appointed an OBGYN/Specialist as the 3rd Dr. and met to decide the issue. 

What was decided was a compromise. The end of the 29th week of pregnancy was considered to be the date at which F/A's would be considered disabled if their own Dr. so stated. The 90 day waiting period would begin at this point. The 45 day period limit after pregnancy termination would still apply (56 days for C-section births). If their own Dr. stated that they were incapable of performing the F/A job description at any earlier date, then they would have the right to claim such, appeal if the claim were not accepted, and ultimately have their claim sent for the 3rd party decision (a $50 fee was decided upon for this 3rd Dr. review). 

All 652 F/A's who have been caught in this disagreement over the last 5 years will be processed and the plan is to get them paid by the mid August payroll. Of this number, the 93 F/A's who have correctly appealed their claim will be offered the 3rd. Dr. review (and the $50 charge by payroll deduction). Should they accept this and continue their appeal, the 3rd Dr. review will take place, their previously submitted medical records and claim will be reviewed, and a decision will be rendered. Should they choose not to proceed with the 3rd review (they will have 30 days to decide) their claim will be processed along with the others as of the end of the 29th week. 

The net effect is that pregnant F/A's mostly will lose two weeks of LTD pay compared to the previous contract - but the long wait is over. 

We also have been hearing reports of F/A’s (since April 1993) being denied an LTD application by supervisor or otherwise being intimidated or discouraged from filing MAT LTD applications. A common denominator in these reports is the F/A being told by a supervisor that "nobody is getting LTD so don't waste your time". Any F/A with a similar experience should contact their LEC office immediately. Remember, you have until 60 days AFTER you return to work to file a claim. 

This ends this installment of the Maternity odyssey. However, may I be remindful that all of it is subject to negotiation - in which we currently are - and now is as good a time as any for opinions about this or other past practices changes to be voiced.