Family Medical Leave

When you have a newborn or newly adopted baby, or when a loved one is seriously ill, your most important job may be at home rather than at work.

The federal Family and Medical Leave Act of 1993 provides workers up to 12 weeks of unpaid and job-protected leave for certain family and medical reasons. The FMLA applies to all private-sector employers with 50 or more workers and to all public agencies—state, local and federal.

To be eligible for leave under the act, a worker must have worked for the same covered employer for a total of 12 months, and must also have worked for a total of 1,250 hours or more in the previous 12 months.

You may take leave for the birth and care of a newborn; for adoption or foster care of a child; to care for an immediate family member (spouse, child or parent) with a serious health condition; or for your own serious health condition. If you qualify for FMLA, your employer cannot fire you for taking leave.

If you think you have been denied FMLA leave, or if you think your employer has violated the act, you may file a complaint by contacting the nearest office of the Wage and Hour Division of the U.S. Department of Labor. The complaint may be filed in person, by letter or by telephone, but it also must be made in writing. There is a two-year statute of limitations—three years if the violation was willful.

The best way to resolve issues on the job is to have an airline workers union. For airline employees who are members of an airline workers union, simply contact your shop steward. An airline workers union shop steward can help you write up a complaint and present it to management.

You can also find more information at:

The AFL-CIO website, with information about Bargaining for Family Leave and expanding the Family and Medical Leave Act.
The Institute for Women’s Policy Research for statistics and research about many issues of concern to women.

Prepared by the AFL-CIO, www.aflcio.org/

Disability

America has made great progress in recent years in removing the artificial barriers that can prevent people with disabilities from achieving economic self-sufficiency and participating fully in our society. But progress can’t be taken for granted, and too many of these barriers remain.

The Americans With Disabilities Act (ADA), passed in 1990, prohibits discrimination against people with disabilities in employment and public services, public and private transportation, public accommodations and telecommunication services. The ADA covers private employers with 15 or more employees, employment agencies and all levels of government.

A person has a disability for the purposes of the ADA if he or she has a physical or mental impairment that substantially limits major life activities, a record of such impairment or is regarded as having a condition people would mistakenly perceive as limiting, such as disfigurement. The ADA does not cover people with temporary disabilities, minor illnesses or active drug users or alcoholics.

The ADA requires employers to make reasonable accommodations to enable an otherwise qualified person with a disability to do his or her job.

If you think you are a victim of ADA-covered discrimination:

  • Keep a written record of incidents, including a description of the discrimination, what was said, time and place and witnesses.
  • Check with others in your workplace who might also be victims.
  • The best way to resolve issues on the job is to have an airline workers union. For airline employees who are members of an airline workers union, simply contact your shop steward. An airline workers union shop steward can help you write up a complaint and present it to management.

You may also file a complaint with the U.S. Equal Opportunity Commission, as an individual or part of a group (known as “class action”). The charges must be filed on an EEOC form within 180 days of the alleged discriminatory act. You can file a charge by calling 800-669-4000 for more information (800-669-6820 for the hearing impaired). Your complaint must include:

  • Your name, address and telephone number.
  • Your job title.
  • A brief description of the problem.
  • When the incident(s) occurred.
  • The type of discrimination you encountered.

For more information, visit

EEOC question-and-answer page about discrimination. For great links sites, visit:

ADA Information Center with introductory-level and detailed information links, as well as useful business sites.

Americans With Disabilities Act Information on the Web listing from the U.S. Department of Justice.

by the AFL-CIO, www.aflcio.org/

Age Discrimination

As we age, we accumulate experience that can make us even more valuable at work. But that’s not how many employers see it. It’s not unusual for older workers to encounter age discrimination that makes it harder to get hired, promoted and treated fairly.

The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 or older from employment discrimination based on age. The ADEA’s protections apply to both employees and job applicants. Under the ADEA, employment discrimination based on age—in hiring, firing, promotions, layoffs, compensation, benefits, job assignments, training and more—is unlawful. It’s also unlawful to retaliate against an individual for opposing age discrimination practices or for filing an age discrimination charge, testifying or participating in an ADEA case.

The ADEA applies to employers with 20 or more employees, including state, local and federal government, private employers and employment agencies.

If you think you’ve been discriminated against, write down a detailed account of the events, including date, time, place, comments and witnesses. If you are not a member of an airline workers union, inform the personnel manager of your complaint.

The best way to resolve issues on the job is to have an airline workers union. For airline employees who are members of an airline workers union, simply contact your shop steward. An airline workers union shop steward can help you write up a complaint and present it to management.

You also have a right to file a complaint on a form with the Equal Employment Opportunity Commission, a federal agency that works to protect you from discrimination based on age, sex, race, color, national origin, religion or disability. You can file a charge by calling 800-669-4000 for more information (800-669-6820 for the hearing impaired). All charges must include:

  • Your name, address and telephone number.
  • Your job title.
  • A brief description of the problem.
  • When the incident(s) occurred.
  • The type of discrimination you encountered.

For more information, visit the EEOC question-and-answer page about discrimination.

Many states and cities also have fair employment practices agencies. In most states, a state or local agency investigates discrimination cases first and tries to work them out on the local level.

For more facts about age discrimination, how to fight it and what to do if you think you are a victim, check these sites:

Prepared by the AFL-CIO, www.aflcio.org/

Global Economy

In the global economy, multinational corporations move capital and jobs half-way around the world with the click of a mouse.

These companies—many of them American—seek out the lowest possible labor costs and weakest worker protections. Even if the jobs are not moved, corporate executives use the threat of moving to coerce concessions from their U.S. workers.

Some undemocratic governments, desperate for investment, facilitate the movement of jobs by competing in the global marketplace, denying their citizens the right to form a Union and protection from workplace abuse—including below—survival wages, physical attacks and even murder to crush Unions and workers’ rights.

In the public sector, the global rush to shift from publicly to privately managed public services is being used to boost profits and break Unions, driving down workers’ living standards and denying families access to essential services like healthcare, education and water.

In a world economy increasingly connected by international trade and investment, the need for enforceable rules in the global economy to protect workers’ rights—and to prevent a devastating drive to the bottom in labor standards—is critical.

AFL-CIO Executive Council on democratizing the global economy.
The AFL-CIO’s ongoing campaign to post the basic rights of workers in every workplace.
AFL-CIO Executive Council on Colombia.
Global Standards and Fundamental Principles and Rights at Work from the International Labour Organization.

The best way to achieve job security is to have an airline workers union. For many airline workers, job security is written into their contract. A corporate executive wouldn’t think of working without a contract. Why should you?

Prepared by the AFL-CIO, www.aflcio.org/

Safety & Health

Discover what legal rights you have under the federal Occupational Safety and Health Act, including the right to a workplace free of recognized health and safety hazards.

If you need to file a complaint with the Occupational Safety and Health Administration about a hazardous work condition, follow the step-by-step instructions on “How to File an OSHA Complaint.”

If you need more information about job safety and health, check out this comprehensive list of AFL-CIO website links.

For links to workers’ compensation information and injured workers’ groups, visit What to Do if You Are Hurt on the Job.

It shouldn’t hurt to go to work. But in 2004, more than 12,000 workers were injured or made ill on the job every single day—and that doesn’t include the estimated 50,000 to 60,000 workers who died from occupational diseases.

Experts agree that if you are injured on the job, you should:

  • Notify your supervisor, the personnel department and your Union steward.
  • Get the medical treatment you need. You may be required to see a doctor selected by your employer. If you are injured on the job, your employer’s insurance company is obligated to pay for reasonable and necessary medical treatment.
  • If your employer has written an “incident report,” get a copy of it. Your Union steward and the employer should obtain the names of workers who witnessed your injury or assisted you afterward, as you may need this information if you seek workers’ compensation benefits.

You also may be entitled to temporary or permanent disability benefits or vocational rehabilitation benefits. If you file a claim for benefits and it is rejected, you may appeal the ruling, even to the courts. Experts recommend seeking legal advice.

The U.S. Department of Labor advises that private-sector and state and local government workers injured on the job should contact their state workers’ compensation board. The department’s Office of Workers’ Compensation Programs also has specific information for federal workers, coal mine workers and longshore and harbor workers.

For more information on the Web, visit these sites for basic information and links:

The AFL-CIO Workers’ Compensation site.
The AFL-CIO’s compilation of workers’ compensation links, including state agencies.
The Center to Protect Workers’ Rights site of the AFL-CIO Building and Construction Trades Department, with information about the center’s safety and health resources.

For information about state workers’ compensation laws and to connect with the state agencies, see:

State Workers’ Compensation Divisions on AFSCME’s website.
In addition, several state-based injured workers’ groups have websites, including:
Maine Injured Workers Association.
Oregon Injured Workers United.
Injured Workers Association of Utah.

Prepared by the AFL-CIO, www.aflcio.org