McGillivary Steele Elkin LLP is investigating a potential case against JetBlue for its improper use of the “Reliability” Program and/or “Dependability” points system in violation of the Family and Medical Leave Act (FMLA), and related state laws. Similarly, MSE has learned that JetBlue has been opening investigations into employees’ use of FMLA leave, alleging that in using leave they have engaged in conduct detrimental to JetBlue’s best interest.
Affected Employees Worked as In-Flight Crew Members / Flight Attendants in the Last 3 Years
If you worked as an In-Flight Crew Member / Flight Attendant at any time in the last three years and either received a reduced “reliability score,” resulting in a loss of positive space tickets, or received “points” for using FMLA protected leave, you may have a claim for backpay, front pay, liquidated damages, and attorneys’ fees and costs.
The FMLA Prohibits Penalizing Employees by Assigning “No Fault” Attendance Points for FMLA-Covered Absences
According to the U.S. Department of Labor (DOL), employers such as JetBlue cannot penalize employees by assigning “no fault” attendance points for absences that are protected by the FMLA, and the accumulation of points while on FMLA leave should be frozen.
Affected Employees May be Entitled to Damages
Therefore, you may be entitled to damages if, within the last three years:
- You worked as an In-Flight Crew Member;
- You had approved FMLA leave (either intermittent or continuous); and one of the following:
- Your reliability score decreased for FMLA absences;
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- You were given “points” for FMLA absences; or
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How to Pursue Your Rights
MSE has years of experience representing workers who have been discriminated against, including for their use of FMLA leave. If you would like to schedule a free consultation with an attorney about this issue and to learn more about your rights, please complete the contact us form, or email us at [email protected].
