Post-Duty Contractual Legal Rest vs FAR Clarification
January 14, 2022
We are aware that the recent “scheduling scoop” newsletter released this week is creating some confusion and questions from many of you. It would seem, the single question arising from the information published is related to the Federal Aviation Regulations (FAR) that establishes the minimum rest requirement for Flight Attendants as a period of eight (8) hours of rest free from duty between flights.
For some, there was some misunderstanding in thinking that the minimum rest under the FAR in some way superseded the greater rest outlined and required under the terms of our Contract. In addition, we want to be clear that legal rest is “free from duty” and not just the time between the arrival of one flight and the departure of the next.
Section 6.V.3. in our Contract provides guidance as it pertains to our negotiated contractual domestic legal rest requirement which is greater than the FAR.
At home, our minimum legal rest must consist of at least twelve (12) hours free from duty. And, while there are also negotiated provisions that provide Flight Attendants with the ability to waive the minimum home legal rest in order to trip trade/pick up pairings, Flight Attendants cannot be required to reduce their rest period. Flight Attendants may, at their sole discretion, reduce their rest at home subject to the following:
- The minimum home legal rest between the pairings shall be reduced to ten (10) hours minimum rest for all purposes.
- In the event the Flight Attendant trades or drops one of the pairings resulting from the waiver and the minimum home legal rest between her/his pairings is reestablished, the ten (10) hour minimum rest shall no longer apply.
At a domestic layover point, our minimum Legal Rest is based on the proximity of the layover hotel to the airport location as well as the availability of transportation.
1. If the hotel is within approximately fifteen (15) minutes time from the airport and provided that prompt transportation is available, our legal rest is ten (10) hours free from duty.
2. If the hotel is more than approximately fifteen (15) minutes time from the airport, our minimum legal rest is expanded to eleven (11) hours free from duty.
In both cases above, during the debrief periods and after check-in we are on duty. For this reason, neither of the periods can be considered as part of our free from a duty rest period.
As an additional contractual protection, Flight Attendants will be provided eight (8) hours free from duty at the place of lodging as their minimum rest period. Our actual arrival at the hotel establishes when the place of lodging minimum starts. Keeping this in mind, during irregularities or periods of lengthy delay caused by traffic, an accident on the route to the hotel from the airport, the Purser should contact Crew Scheduling to advise of the delayed arrival at the layover location in order to establish and protect the eight (8) hour place of lodging minimum. Where necessary, your pick-up will be rescheduled for the following morning. If have additional questions, please contact your Local Council for clarification.