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An airline pilot’s on-call “reserve-duty” hours did not qualify as hours of service for purposes of determining her eligibility for leave under the Family and Medical Leave Act (FMLA). This was the ruling of the Tenth Circuit U.S. Court of Appeals in Knapp v. America West Airlines (No. 05-4322).
Susan Knapp was a pilot for America West Airlines. In 1995, Ms. Knapp and her husband noticed that their eldest son, who was born in 1986, displayed symptoms of fetal distress syndrome, including vision problems. In 1995, 1996, 1997, and 1998, Ms. Knapp made periodic requests under both the FMLA and America West’s personal leave policy for leave to take her son to various health care providers and to provide at-home vision therapy.
In 1999, Ms. Knapp began making more frequent FMLA leave requests to provide her son with more intensive treatment. In the fall of 1999, Ms. Knapp requested intermittent leave for October 13, 14, 15, 28, and 29; and November 5, 6, 12, and 13. On Oct. 12, 1999, America West granted Ms. Knapp leave for October 13-15 of that year. However, the airline later denied Ms. Knapp’s other FMLA leave requests, as well as additional FMLA leave requests for February and July 2000. On Nov. 5, 1999, Ms. Knapp flew several scheduled flights, but then called in sick because she could not continue due to her own medical condition. Thereafter, Ms. Knapp was on medical leave because her condition did not permit her to fly. Ultimately, Ms. Knapp left America West in August 2000.
In 2001, Ms. Knapp filed suit against America West in the U.S. District Court for the District of Utah, alleging that the company had violated her FMLA leave rights. However, the district court held that Ms. Knapp was not eligible for FMLA leave because she had not accrued at least 1,250 hours of service in the 12 months prior to the requested leave. According to the court, Ms. Knapp’s active-duty time, training time, and layover time counted as hours worked, for a total of approximately 764 hours; but her reserve-duty time did not count as hours of service, and thus Ms. Knapp did not meet the 1,250-hour threshold. Ms. Knapp appealed, but the Tenth Circuit affirmed the district court’s ruling.
In rendering its decision, the Tenth Circuit initially explained, “For purposes of this appeal, the determinative question is whether Mrs. Knapp’s reserve-duty time should be counted as hours of service. Whether an employee has worked the minimum 1,250 hours of service is determined according to the principles established under the Fair Labor StandardsAct (FLSA) for determining compensable hours of work. Under the FLSA, whether waiting time is time worked under the Act depends on particular circumstances. The test is whether the time is spent predominantly for the employer’s benefit or for the employee’s. Relevant factors include consideration of the agreement between the parties, the nature and extent of the restrictions, the relationship between the services rendered and the on-call time, and all surrounding circumstances. Where, as here, the employee is not required to remain on the employer’s premises, the critical inquiry is whether the employee is able to use the time effectively for her own purposes.”
Turning to the facts of the case, the Tenth Circuit stated, “Viewed in the light most favorable to Mrs. Knapp, the record shows that when Mrs. Knapp was on reserve, she could not drink alcohol, she had to be available by and answer the telephone, and she had to be able to report to the airport within one hour of being called. She could be at home, so long as she could answer a call and then report to the airport within one hour. The report requirement, however, necessarily entailed being able to dress in uniform, travel to the airport, park, and pass through security within one hour of a call. On appeal, she contends that the restrictions effectively curtailed her personal pursuits. In FLSA cases presenting similar, or even more restrictive, circumstances than in this case, this court has held that the employees’ activities were not so curtailed as to require the on-call time to be considered compensable working time. This precedent indicates that Mrs. Knapp’s reserve-duty time was not hours of service for purposes of determining FMLA eligibility.”
The Tenth Circuit went on to conclude, “Mrs. Knapp also relies on [Department of Labor Reg. Sec.] 825.110(d), which provides that having confirmed an employee’s eligibility for FMLA leave, an employer may not retroactively claim that an employee was not FMLA-eligible. Several circuit courts, however, have invalidated section 825.110(d) as contradictory to the plain terms of the FMLA, as it awards FMLA leave to employees who do not statutorily qualify for FMLA protection. We agree with these courts’ criticisms of section 825.110(d), and thus we decline to apply it in this case.”
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