LABOR LAW-TENTH CIRCUIT MISPERCEIVES AND MISAPPLIES THE PURPOSES OF THE FAMILY AND MEDICAL LEAVE ACT, A DECISION LEAVING AIRLINE PILOTS WITHOUT THE ACT'S PROTECTIONS: KNAPP V. AMERICA WEST AIRLINES, INC.

摘要

In order to balance the demands of the workplace with the needs of families, promote the stability and economic security of families, and promote national interests in preserving family integrity, Congress passed the Family and Medical Leave Act ("FMLA" or "Act"). By excluding a professional airline pilot's reserve duty, or "on-call," time from the calculation of "hours worked" under FMLA, the Tenth Circuit, in Knapp v. America West Airlines, Inc., has misapprehended and misapplied the purposes of the Act and thereby excluded many professional airline pilots from the Act's protections.