1. What is HFWA?
HFWA requires covered employers to provide paid sick leave that accrues at one hour per 30 hours worked (up to 48 hours minimum), bans retaliation for using it, limits documentation demands, and unlocks additional emergency leave during declared public-health events. It applies to airlines unless a CBA gives greater benefits across every comparable category.
2. Can airlines discipline you for using HFWA leave?
Not legally, unless the company can prove actual fraud or a documented misuse pattern that meets the statute’s strict definition. Suspicion, rumor, or a supervisor’s opinion that "you didn’t look sick" is not evidence. Airlines must separate protected HFWA leave from attendance point systems and discipline codes.
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If management pushes ahead anyway, follow the "airline says you were not sick" guide and request everything in writing.
3. What HFWA prohibits airlines from doing
- Requiring detailed medical evidence for short HFWA-covered absences.
- Ignoring Colorado Family and Medical Leave Insurance (FAMLI) determinations.
- Retaliating, threatening, or assigning attendance points for lawful HFWA usage.
- Discouraging or interfering with protected leave.
- Launching sham "not really sick" investigations without proof.
4. If management says "we don’t believe you were sick"
- Document every interaction immediately--time, date, who said what.
- Request copies of attendance records, CBA sections cited, and any CDLE responses.
- Save all FAMLI and FMLA filings, even if the company says they "don’t need" them.
- Push the company to cite the exact policy clause they believe you violated.
- Consult an HFWA-knowledgeable attorney or contact FALDF for referrals.
5. Who is fighting HFWA in Colorado?
Multiple efforts aim to water down or reinterpret HFWA for airline crews:
- A now-dismissed United Airlines lawsuit claiming HFWA was preempted.
- The Southwest settlement that carved union flight attendants out of some CDLE investigations.
- A TWU Local 556 lawsuit challenging that settlement.
- A federal Airlines for America (A4A) suit attacking HFWA’s constitutionality.
Follow every new filing via the HFWA timeline.
6. Who can help?
Start by looping in your union grievance or safety/leave team. Then consider:
- The FALDF attorney panel with direct HFWA litigation experience.
- Submitting a CDLE HFWA complaint when retaliation or underpayment occurs.
- Contacting the Investigation Survival Guide for documentation checklists.
- Applying for assistance at faldf.com/#apply if you need grants or case-cost help.