Airline industry group sues over Minnesota’s earned sick and safe time law

An airline trade group is suing the Minnesota Department of Labor and Industry over the state’s earned sick and safe time law.

The original law passed in 2023 included an exemption for flight deck and cabin crew members, but that was removed on Wednesday with the start of the new year.

Airlines for America, which advocates on behalf of 10 major airlines — including Delta, United and Southwest — filed a lawsuit in federal court seeking to bring the exemptions back. The group says the Minnesota statute undermines collective bargaining agreements and will make it “too easy” for pilots and flight attendants to call in sick, potentially leading to flight delays and cancellations.

Specifically, Airlines for America took issue with protections surrounding earned sick and safe time that forbid employers from investigating the nature of an employee’s illness if they are absent for less than three work days and requiring employers to allow workers to take time off to care for a family member.

The lawsuit also claims the federal Airline Deregulation Act of 1978 and the Railway Labor Act preempt state law and prevent Minnesota from enforcing any regulations that could affect airline operations.

The Air Line Pilots Association, a union representing more than 79,000 pilots across 42 airlines, said it supported a measure in last year’s omnibus tax bill that removed earned sick and safe time exemptions for flight deck and cabin crew members. The union also pushed back on Airlines for America’s claim that the Airline Deregulation Act applies to state-level labor policies.

“Treating the sick leave rights of flight crew differently than other employees is not only unfair but completely unnecessary. ALPA will continue our efforts in pushing back against any attempt that denies pilots equal treatment under state laws,” ALPA said in a statement.

5 EYEWITNESS NEWS has reached out to the Department of Labor and Industry for comment but has not heard back.