Employer requesting a copy of the special issuance letter.

CFI A&P

CFI A&P

Exploring the world one toilet at a time.
A former student of mine made it to an airline a couple years ago, but they had medical event occur and went out on leave. Now, all the medical stuff is resolved, and a special issuance received but their employer's records/ training coordinator asked for a copy of the new medical AND the special issuance letter that goes with it. My student is under the impression that they only need to provide the medical for a condition of employment and is hesitant to provide any more medical records than necessary to the employer.

Is it standard practice to provide the special issuance letter to the employer or are they out of line asking for it?
 
I'm not sure about your question but reading the scenario, if there is nothing to hide in the special issuance letter, I'd go ahead and provide it. Path of least resistance sort of thing.
 
In the case of a SODA it is physically attached to the medical.

So you wouldn’t get the medical without the SI part. They are the medical.
 
ahw01 said:
In the case of a SODA it is physically attached to the medical.

So you wouldn’t get the medical without the SI part. They are the medical.
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In this case, it isn’t a SODA. Let’s presume the letter says special issuance granted for early onset Scoliosis and as long as the airman continues doing Birkram Yoga, their medical is valid. That’s obviously not their condition and treatment plan, but for the sake of conversation, let’s run with it.

My student is worried that such knowledge could be used against them in the future. Even though any action would be protected under EEO/ discrimination, but they seem to have a concern over this.
 
What does the actual medical say under limitations or any sort of non-normal terminology on the medical itself?
 
CFI A&P said:
“Not valid for any class after 2/31/2025.”
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Hmm, let me see if my own employers FOM has any guidance on this. And even if they do, it’s carrier-specific and may not apply to your situation in any form.
 
At our company, they can request a copy of a Special Issuance and medical records under particular contractual stipulations.

I’m not going to break out the stipulations because they wouldn’t apply in this case because they’re company/union-specific.
 
derg said:
At our company, they can request a copy of a Special Issuance and medical records under particular contractual stipulations.

I’m not going to break out the stipulations because they wouldn’t apply in this case because they’re company/union-specific.
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That little spot on the map marked 'here be dragons.'
 
ahw01 said:
If an employee has an occupational health assessment I need to know as their manager. This is no different.
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The laws are different in the United States.
An employer is not entitled to the equivalent of an occupational health assessment in the USA. (If an ADA request for accommodation is made, there are limited circumstances where medical records should be requested.)

In the case of a special issuance medical:
it's going to be a part of the union contract at a 121 air carrier... the pilot should go through the union and ask for their assistance in handling the request for the special issuance letter.

If it is for substance abuse, DUI, and/or a HIMS issue, the airline has a responsibility to make sure the conditions of the special issuance are being met.
 
DeltaJulietTango said:
The laws are different in the United States.
An employer is not entitled to the equivalent of an occupational health assessment in the USA. (If an ADA request for accommodation is made, there are limited circumstances where medical records should be requested.)

In the case of a special issuance medical:
it's going to be a part of the union contract at a 121 air carrier... the pilot should go through the union and ask for their assistance in handling the request for the special issuance letter.

If it is for substance abuse, DUI, and/or a HIMS issue, the airline has a responsibility to make sure the conditions of the special issuance are being met.
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I’m not asking for the records but I need to know the condition so I can make adjustments. In this case if your ability to fly has medical caveats then the employer needs to know. If you keep maintaining the medical what’s the issue?
 
The friend should speak with an employment lawyer if they want a reliable answer.

Generally, speaking, however, both federal and many state laws permit employers to see employee medical records when then are job-related and necessary for the business. "Business necessity" might be an issue depending on what the SI was for.

For a non-aviation example, here's a case involving a railroad engineer who lost a suit against their employer for HIPAA and discrimination violations. In that case it was amphetamine use. If you read it, you can see some of the parallels to aviation.
 
ahw01 said:
I’m not asking for the records but I need to know the condition so I can make adjustments. In this case if your ability to fly has medical caveats then the employer needs to know. If you keep maintaining the medical what’s the issue?
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A Special Issuance aviation medical has the limitations printed on the medical. Just like a driver's license.
By way of example : must use corrective lenses
 
Update:

As it turns out, they've moved on to a different employer - submitted the special issuance medical (Limitations: not valid after XX/XX/2025) as part of the pre-employment package and was never discussed again.
 
DeltaJulietTango said:
A Special Issuance aviation medical has the limitations printed on the medical. Just like a driver's license.
By way of example : must use corrective lenses
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Corrective lenses is a limitation, not a Special Issuance. An SI is a formal document that sets out the condition and what must be done to comply, like an MRI every year after a melanoma excision. The only thing on the medical certificate itself which indicates an SI was issued is a duration limitation. Here’s an example - the “not valid for any class” is definitely not about corrective lenses. In this case the medical certificate expires in 6 months (even for third class privileges). The date coordinates with some retesting/reevaluation requirement in the SI.
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ahw01 said:
Exactly. Just submit the whole thing and you’re golden.
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When a special issuance medical is issued, it
MidlifeFlyer said:
Corrective lenses is a limitation, not a Special Issuance. An SI is a formal document that sets out the condition and what must be done to comply, like an MRI every year after a melanoma excision. The only thing on the medical certificate itself which indicates an SI was issued is a duration limitation. Here’s an example - the “not valid for any class” is definitely not about corrective lenses. In this case the medical certificate expires in 6 months (even for third class privileges). The date coordinates with some retesting/reevaluation requirement in the SI.
View attachment 80432
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Correct. My response concerning limitations was specific to the quote in the response.
 
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