Narrative:

Attached copy of sick policy implementation from crew broadcast system mar/mon/03. Attached copy of far 61.53 prohibition on operations during medical deficiency. If a pilot feels pressure to fly sick, when not in the best of health, it could easily be the first link in the chain of events leading to an accident or incident. This pressure to fly could also lead to a violation of far 61.53. In either case, from a safety point of view a corporate policy that exerts pressure on pilots to fly when not in the best of health degrades safety. The attached sick leave policy exerts pressure by financially penalizing a pilot for not flying when a medical condition makes that pilot unable to operate the aircraft in a safe manner. As an example, a B757 reserve first officer who normally flies a full 85 hour month, catches a cold or the flu and is unable to fly for 3-4 days. By using sick leave for those days, the pilot will usually be unable to fly beyond the 72 hours guaranteed in the remaining on duty days of the month. The result is a monthly pay reduction of 13 hours and pay loss of $1520. A B757 reserve captain would lose $2200. A block-holding captain on the B757 could potentially drop from 85 hours to 67 hours with a pay loss of over $3000. Pilots have taken pay cuts of 40% to over 60% and had pensions taken away and replaced with a plan that will provide a fraction of previous plan. This sick leave policy should be immediately suspected before an accident or incident occurs. Restructuring sick policy implementation. Effective on apr/tue/03, the new sick leave provisions of the restructuring agreement will be implemented. The new sick leave provisions will alter the manner in which sick leave is paid and also credited and displayed. Sick leave credit will no longer be included in your monthly credited time projection. During the month you may view your monthly sick usage in different option. After the month is completed your sick usage will be calculated based on your total sick claim and credited time, as described in the following information. The sick time that you will be charged and paid may be viewed after the 4TH business day of the following month. Lineholders: a lineholder claiming sick leave for less than half of the established line value will be paid sick leave to the line value less 5 hours. A lineholder claiming sick leave for more than half of the line value will be paid sick leave to the line value. The line value will be captured based on the value of the line after completion of the process for the affected month. The line value includes trips, vacation, and other credited time as displayed. If the line value is in excess of the monthly maximum due to over projection or payback of negative bank, the line value will be capped at the monthly maximum of 85/75 hours. Example: a lineholder with an 80 hour line value with a 20 hour sick claim will have a pay cap of 75 hours (line value less 5 hours). If you completed the month with 65 hours of credited time, 10 hours of your 20 hour sick claim would be charged and credited to you to equal the 75 hour pay cap. If your credited time was 75 hours or greater you will not be charged sick. Reserve pilots: a reserve pilot sick claim when added to previous and subsequent flying and other credited time may not exceed the minimum monthly guarantee. Example: an 'right' reserve completes the month with 65 hours of credited time and a 10 hour sick claim. You will be paid a 72 hour reserve guarantee and charged 7 hours sick time to equal your guarantee. Example: an 'right' reserve completes the month with 80 hours of credited time and a 10 hour sick claim. You will be paid 80 hours and no sick time will be credited or charged. Far second 61 pt 53PROHIBITION on operations during medical deficiency. A) operations that require a medical certificate. Except as provided for in paragraph (B) of this section, a person who holds a current medical certificate issued under part 67 of this chapter shall not act as PIC, or in any other capacity as a required pilot flight crew member, while that person: 1) knows or has reason to know of any medical condition that would make the person unable to meet the requirements for the medical certificate necessary for the pilot operation, or 2) is taking medication or receiving other treatment for a medical condition that results in the person being unable to meet the requirements for the medical certificate necessary for the pilot operation. B) operations that do not require a medical certificate. For operations provided for in section 61.23(B) of this part, a person shall not act as PIC, or in any other capacity as a required pilot flight crew member, while that person knows or has reason to know of any medical condition that would make the person unable to operate the aircraft in a safe manner.

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Original NASA ASRS Text

Title: B757 CAPT RPTS HIS COMPANY PENALIZES PLTS FINANCIALLY WHEN THEY OBSERVE, AND ARE IN COMPLIANCE WITH FAR 61 PT 53.

Narrative: ATTACHED COPY OF SICK POLICY IMPLEMENTATION FROM CREW BROADCAST SYS MAR/MON/03. ATTACHED COPY OF FAR 61.53 PROHIBITION ON OPS DURING MEDICAL DEFICIENCY. IF A PLT FEELS PRESSURE TO FLY SICK, WHEN NOT IN THE BEST OF HEALTH, IT COULD EASILY BE THE FIRST LINK IN THE CHAIN OF EVENTS LEADING TO AN ACCIDENT OR INCIDENT. THIS PRESSURE TO FLY COULD ALSO LEAD TO A VIOLATION OF FAR 61.53. IN EITHER CASE, FROM A SAFETY POINT OF VIEW A CORPORATE POLICY THAT EXERTS PRESSURE ON PLTS TO FLY WHEN NOT IN THE BEST OF HEALTH DEGRADES SAFETY. THE ATTACHED SICK LEAVE POLICY EXERTS PRESSURE BY FINANCIALLY PENALIZING A PLT FOR NOT FLYING WHEN A MEDICAL CONDITION MAKES THAT PLT UNABLE TO OPERATE THE ACFT IN A SAFE MANNER. AS AN EXAMPLE, A B757 RESERVE FO WHO NORMALLY FLIES A FULL 85 HR MONTH, CATCHES A COLD OR THE FLU AND IS UNABLE TO FLY FOR 3-4 DAYS. BY USING SICK LEAVE FOR THOSE DAYS, THE PLT WILL USUALLY BE UNABLE TO FLY BEYOND THE 72 HRS GUARANTEED IN THE REMAINING ON DUTY DAYS OF THE MONTH. THE RESULT IS A MONTHLY PAY REDUCTION OF 13 HRS AND PAY LOSS OF $1520. A B757 RESERVE CAPT WOULD LOSE $2200. A BLOCK-HOLDING CAPT ON THE B757 COULD POTENTIALLY DROP FROM 85 HRS TO 67 HRS WITH A PAY LOSS OF OVER $3000. PLTS HAVE TAKEN PAY CUTS OF 40% TO OVER 60% AND HAD PENSIONS TAKEN AWAY AND REPLACED WITH A PLAN THAT WILL PROVIDE A FRACTION OF PREVIOUS PLAN. THIS SICK LEAVE POLICY SHOULD BE IMMEDIATELY SUSPECTED BEFORE AN ACCIDENT OR INCIDENT OCCURS. RESTRUCTURING SICK POLICY IMPLEMENTATION. EFFECTIVE ON APR/TUE/03, THE NEW SICK LEAVE PROVISIONS OF THE RESTRUCTURING AGREEMENT WILL BE IMPLEMENTED. THE NEW SICK LEAVE PROVISIONS WILL ALTER THE MANNER IN WHICH SICK LEAVE IS PAID AND ALSO CREDITED AND DISPLAYED. SICK LEAVE CREDIT WILL NO LONGER BE INCLUDED IN YOUR MONTHLY CREDITED TIME PROJECTION. DURING THE MONTH YOU MAY VIEW YOUR MONTHLY SICK USAGE IN DIFFERENT OPTION. AFTER THE MONTH IS COMPLETED YOUR SICK USAGE WILL BE CALCULATED BASED ON YOUR TOTAL SICK CLAIM AND CREDITED TIME, AS DESCRIBED IN THE FOLLOWING INFO. THE SICK TIME THAT YOU WILL BE CHARGED AND PAID MAY BE VIEWED AFTER THE 4TH BUSINESS DAY OF THE FOLLOWING MONTH. LINEHOLDERS: A LINEHOLDER CLAIMING SICK LEAVE FOR LESS THAN HALF OF THE ESTABLISHED LINE VALUE WILL BE PAID SICK LEAVE TO THE LINE VALUE LESS 5 HRS. A LINEHOLDER CLAIMING SICK LEAVE FOR MORE THAN HALF OF THE LINE VALUE WILL BE PAID SICK LEAVE TO THE LINE VALUE. THE LINE VALUE WILL BE CAPTURED BASED ON THE VALUE OF THE LINE AFTER COMPLETION OF THE PROCESS FOR THE AFFECTED MONTH. THE LINE VALUE INCLUDES TRIPS, VACATION, AND OTHER CREDITED TIME AS DISPLAYED. IF THE LINE VALUE IS IN EXCESS OF THE MONTHLY MAX DUE TO OVER PROJECTION OR PAYBACK OF NEGATIVE BANK, THE LINE VALUE WILL BE CAPPED AT THE MONTHLY MAX OF 85/75 HRS. EXAMPLE: A LINEHOLDER WITH AN 80 HR LINE VALUE WITH A 20 HR SICK CLAIM WILL HAVE A PAY CAP OF 75 HRS (LINE VALUE LESS 5 HRS). IF YOU COMPLETED THE MONTH WITH 65 HRS OF CREDITED TIME, 10 HRS OF YOUR 20 HR SICK CLAIM WOULD BE CHARGED AND CREDITED TO YOU TO EQUAL THE 75 HR PAY CAP. IF YOUR CREDITED TIME WAS 75 HRS OR GREATER YOU WILL NOT BE CHARGED SICK. RESERVE PLTS: A RESERVE PLT SICK CLAIM WHEN ADDED TO PREVIOUS AND SUBSEQUENT FLYING AND OTHER CREDITED TIME MAY NOT EXCEED THE MINIMUM MONTHLY GUARANTEE. EXAMPLE: AN 'R' RESERVE COMPLETES THE MONTH WITH 65 HRS OF CREDITED TIME AND A 10 HR SICK CLAIM. YOU WILL BE PAID A 72 HR RESERVE GUARANTEE AND CHARGED 7 HRS SICK TIME TO EQUAL YOUR GUARANTEE. EXAMPLE: AN 'R' RESERVE COMPLETES THE MONTH WITH 80 HRS OF CREDITED TIME AND A 10 HR SICK CLAIM. YOU WILL BE PAID 80 HRS AND NO SICK TIME WILL BE CREDITED OR CHARGED. FAR SEC 61 PT 53PROHIBITION ON OPS DURING MEDICAL DEFICIENCY. A) OPS THAT REQUIRE A MEDICAL CERTIFICATE. EXCEPT AS PROVIDED FOR IN PARAGRAPH (B) OF THIS SECTION, A PERSON WHO HOLDS A CURRENT MEDICAL CERTIFICATE ISSUED UNDER PART 67 OF THIS CHAPTER SHALL NOT ACT AS PIC, OR IN ANY OTHER CAPACITY AS A REQUIRED PLT FLT CREW MEMBER, WHILE THAT PERSON: 1) KNOWS OR HAS REASON TO KNOW OF ANY MEDICAL CONDITION THAT WOULD MAKE THE PERSON UNABLE TO MEET THE REQUIREMENTS FOR THE MEDICAL CERTIFICATE NECESSARY FOR THE PLT OP, OR 2) IS TAKING MEDICATION OR RECEIVING OTHER TREATMENT FOR A MEDICAL CONDITION THAT RESULTS IN THE PERSON BEING UNABLE TO MEET THE REQUIREMENTS FOR THE MEDICAL CERTIFICATE NECESSARY FOR THE PLT OP. B) OPS THAT DO NOT REQUIRE A MEDICAL CERTIFICATE. FOR OPS PROVIDED FOR IN SECTION 61.23(B) OF THIS PART, A PERSON SHALL NOT ACT AS PIC, OR IN ANY OTHER CAPACITY AS A REQUIRED PLT FLT CREW MEMBER, WHILE THAT PERSON KNOWS OR HAS REASON TO KNOW OF ANY MEDICAL CONDITION THAT WOULD MAKE THE PERSON UNABLE TO OPERATE THE ACFT IN A SAFE MANNER.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.