NEW YORK (1010 WINS) -- The Transport Workers Union of America is taking JetBlue to court, alleging that it has violated paid sick leave laws in New York.
The union, which represents the airline's 5,000 flight attendants, filed the suit Tuesday on allegations of violating New York City and New York State laws.
The suit claims the Queens-based airline is “abusing” its employees and threatening actions that could lead to firings if they take sick days.
“JetBlue talks a good game about being a benevolent employer, but actions speak louder than words,” TWU International President John Samuelsen said. “They created an abusive atmosphere by greedily scheduling more work than they can handle, and they are making their employees pay for their mismanagement. Sick and stressed-out workers are being forced to come to work.”
TWU officials said having the sick time is essential to workers who are working long days and have been subject to harassment from passengers at a high level during the pandemic.
The laws require employers to grant workers up to 56 hours of paid sick time each year.
According to the suit, employers cannot require a doctor’s note unless the employee calls in sick three consecutive days — but claim JetBlue is demanding it for one or two sick days.
“It’s illegal and we are in a pandemic,” TWU Organizing Director Angelo Cucuzza said. “Try and get a doctor to see you and write a note because you have a migraine, or are exhausted from working too many hours, or simply because you need a mental health day.”
According to TWU, JetBlue doesn’t have enough flight attendants to cover its schedules, so it has declared each weekend for months as a “critical coverage period,” and required a doctor’s note from anyone trying to take paid sick day.
JetBlue uses a point-based disciplinary system, and points are doubled during the “critical” period, the suit said.
One flight attendant said before the pandemic, the "critical" periods only came up three times a year for big holidays.
For that flight attendant, with over a decade at the company, she says she has seen the effects of working during the pandemic and worries that you could be fired over sick calls have on even the most loyal workers, known as “Blue juicers.”
“As the job drastically changed, even the ‘Blue juicers’ hate coming into work now,” said the flight attendant.
The employee voiced concerns over that worries over their job status meant people could be bringing sickness onto their planes — whether that be during a pandemic or not.
In response, a JetBlue spokesperson said, "We will continue to negotiate in good faith with the TWU to reach an agreement on a contract for our inflight crewmembers. We have not been served with the lawsuit you referenced, but JetBlue follows all federal and local labor regulations and the safety and wellness of our crewmembers and customers is always our primary focus."
Meanwhile, that flight attendant had a message for JetBlue:
"A lot of people took unpaid leaves to help the company stay solvent. Now, the company is treating us as if we’re expendable and not coming back to the table to negotiate ... if we’re so essential as a No. 1 priority, what about your flight attendants?"
The suit, filed in Queens Supreme Court, is ultimately asking JetBlue to stop its “threats” on paid sick time.
It comes on the same day that the U.S. Department of Justice filed a lawsuit to block a partnership formed by American Airlines and JetBlue, claiming that it will reduce competition and lead to higher fares.
The Associated Press contributed to this report.
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