Section 20 - Medical Examinations

SECTION 20

MEDICAL EXAMINATIONS

20.A.

A Flight Attendant shall not be required to submit to any Company medical examination in excess of one in any twelve month period. In the event that unless there are reasonable grounds to believe that a Flight Attendant’s health or medical condition is impaired, the Flight Attendant may be required to submit to another medical examination. The Flight Attendant shall be notified in writing of such reasonable grounds.

20.A.1.

Flight Attendants may be required to leave their home Domicile for medical examinations, and shall be provided with nonrevenue positive space (“NRPS”) transportation and shall be reimbursed for reasonable actual expenses as provided for in the Company’s business travel reimbursement policy and any flight time credit lost. and any flight time credit lost. Flight Attendants may elect to take their medical examinations on a layover, if desired.

20.A.2.

Flight Attendants shall be given four (4) weeks written notice that regularly scheduled medical examinations are due. After such notice is given, Flight Attendants shall be given a sixty (60) day period in which to complete their medical examinations.

20.B.1.

Company required medical examinations shall be performed by a Company doctor or by a doctor designated by Company Medical. Any examination required by the Company shall be paid for by the Company. Inoculations, vaccinations and x-rays required by public law as a condition of employment or continued employment as a Flight Attendant shall be paid for by the Company. 

20.B.2.

In the event of an examination performed by the Company’s designated doctor, the Flight Attendant shall be furnished with a copy of the doctor’s report.

20.C.

All information contained in or related to a Flight Attendant’s medical file shall be kept confidential and not released to anyone except by the Flight Attendant’s specific written consent. When required by a court order or other legal requirement to release information, the Flight Attendant will be notified of such action.

20.D.

Where a disagreement exists over a Flight Attendant’s ability to work, a Flight Attendant, at their her/his option, may have a review of the case. The request for such review must be made in writing to Company Medical within thirty (30) days of notice of the disputed decision by the Company’s designated doctor. Such review will proceed in the following manner:

20.D.1.

The Flight Attendant may employ a qualified doctor of their her/his own choosing and at their her/his own expense for the purpose of conducting a medical examination.

20.D.2.

The employee will arrange for a report and recommendation of their her/his personal doctor to be made in writing to Company Medical. This report must be made within forty (40) days of the disputed decision by the Company’s designated doctor. The personal doctor will specify whether or not the Flight Attendant is considered medically fit to perform the duties outlined in the Flight Attendant job description. In the event both doctors reach the same conclusion as to fitness, no further review will be afforded.

20.D.3.

In the event that the findings of the doctor chosen by the Flight Attendant shall disagree with the finding of the doctor designated by the Company and upon receipt of the attending doctor’s report, Company Medical will advise the Flight Attendant’s Base Director/Base Manager, the Flight Attendant and the Flight Attendant’s LEC President that a disagreement exists.

20.D.4.

If the Flight Attendant remains unwilling to accept the findings of the Company’s designated doctor and wishes to pursue medical arbitration, they she/he will so advise the Base Director/ Base Manager in writing.

20.D.5.

After consultation with WHQLR - Labor Relations, the Base Director/Base Manager will review the Section 20.D procedures for medical arbitration with the Company’s designated doctor.

20.D.6.

Company Medical will promptly contact the Flight Attendant’s personal doctor and the two shall, within thirty (30) fifteen (15) days, agree upon a disinterested third doctor to determine the Flight Attendant’s fitness for work. With respect to cost, Company Medical and the Flight Attendant’s personal doctor should consider that the fee for the neutral’s examination is shared equally by the Company and the Flight Attendant.

20.D.7.

When the neutral doctor has been selected, Company Medical will provide the neutral’s name and address to the Base Director/Base Manager, the Flight Attendant, the MEC President and the Flight Attendant’s LEC President, WHQLR-Labor Relations and the other two (2) doctors. Such written confirmation will be on a standard form letter, mutually agreed upon by the Company and the Union.

20.D.8. 

The neutral doctor’s decision will not be made until:

20.D.8.a.

The employee’s complete medical file with respect to the illness/injury has been reviewed; and

20.D.8.b.

Appropriate examination has been accomplished; and

20.D.8.c. 

Personal consultation with both the Company’s designated doctor and the employee’s personal doctor has been accomplished.

20.D.9.

The neutral doctor will make a written report of his findings to Company Medical and the employee’s personal doctor.

20.D.10.

Company Medical will communicate the neutral’s decision of fitness to the Base Director/Base Manager, the Flight Attendant, the MEC President, the Flight Attendant’s LEC President, and WHQLR - Labor Relations. Return to work status, if appropriate, will be arranged without delay. 

20.D.10.a.

Throughout the process, the non-medical Company and Union participants should absolutely avoid any discussion pertaining to the actual or possible medical diagnosis and related matters. Medical confidentiality between the Flight Attendant and the doctors must be strictly maintained. The non-medical Company and Union officials are only to be concerned with whether the employee is ultimately judged medically fit to perform the work. 

20.D.10.b.

Inflight Service management will only deal with Company Medical on medical matters involving Flight Attendants. They will not deal directly with outside consultants, neutral doctors or a Flight Attendant’s own doctor, except on administrative matters. In the event one of these outside doctors initiates a contact on a medical matter to a person in management, that doctor should be referred to Company Medical.

20.E.

When a Flight Attendant is removed from flying status by the Company as a result of failure to pass the Company’s medical examination and appeals such action under the provisions of this Section, they she/he shall, if such action is proven to be unwarranted as provided in Paragraph D. of this Section, be paid for the time lost the difference between the amount which they she/he would ordinarily have earned had they she/he been continued on flight status during such period and the amount received from any other employment or unemployment compensation during the period removed from flight status.