American Airlines Strikes Back At NYC Sick Leave Law

NEW YORK — American Airlines struck back at New York City's paid sick leave law this week, arguing in a federal lawsuit the measure will drive up flight delays and cancellations.

The Wednesday complaint in Brooklyn federal court came about three months after the city's Department of Consumer and Worker Protection accused the giant airline of myriad violations of the five-year-old sick leave guarantee.

The city law bars employers from asking workers to back up absences of three days or fewer, a provision American says will prevent it from cracking down on the abuse of sick time.

"Compliance with the Paid Sick Leave Law will, thus, lead to more ground crew employee absences, which will in turn cause more delays and flight cancellations; interfere with interstate travel; adversely affect customer experiences; and cause lasting damage to American’s brand," the company says in its amended lawsuit.

American also argues that the city statute — which guarantees 40 hours of paid sick leave for most workers — it is pre-empted by existing federal law and essentially voided by the company's union contracts. The airline made similar claims in its initial complaint filed Aug. 1.

The city accused American in July of retaliating against ground crew workers who took time off by giving them "disciplinary points" for each sick day they used.

The company also illegally forced employees to give documentation for short absences, didn't pay sick leave at the required rate and failed to let workers use sick time they had accrued, according to the Department of Consumer and Worker Protection.

The agency is seeking about $375,000 in restitution for more than 750 American ground crew members through a case in the city's Office of Administrative Trials and Hearings.

But American says the city law runs afoul of the federal Airline Deregulation Act, as it could result in delays and cancellations that affect the company's "prices, routes, and services," the lawsuit says.

Moreover, three collective bargaining agreements between American and labor unions for its ground crew waive the benefits of the city's sick leave law, meaning the airline is already in compliance, according to the lawsuit.

City Law Department spokesperson Nick Paolucci said the city "will evaluate these claims and respond in the litigation."

An American Airlines spokesperson declined to comment beyond the complaint. The Department of Consumer and Worker Protection did not immediately respond to a request for comment.