Date: 201604
Local time of day: 0601-1200
Location: ZZZ.Airport, US
Light: Daylight
Aircraft: Medium Large Transport
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Parked
Reporter organization: Air Carrier
Reporter function: Captain
Reporter qualification: Flight Crew Air Transport Pilot (ATP)
Human factors: Other / Unknown; Physiological - Other
Anomaly: Deviation / Discrepancy - Procedural Published Material / Policy; Flight Deck / Cabin / Aircraft Event Illness / Injury
Detector: Person Flight Crew
When detected: Pre-flight
Result: General Physical Injury / Incapacitation
Contributing factors: Human Factors; Company Policy
Primary problem: Company Policy

Narrative: Unfit for duty crew member.A few minutes after check in a FA deadheading to training [asked if] I knew that one of my FA crew members was unfit for duty. No; I did not. [She] made her case that one of my working FA crew members was sick and due to this illness was unable to perform certain FAA required FA duties. I checked with the sick FA. She agreed with [the other crew member's] assessment. She acknowledged being sick and unfit for duty and unable to perform certain FAA required FA duties. It seemed that she had been sick and flying in this condition for 2-3 days. Her work schedule did not allow her to get the medical care she needed. Her intent was to work 5 legs that day and go to urgent care the following day prior to reporting for duty again. [The deadheading crewmember] further brought up that the FA was infectious to passengers and crew members. This was definitely a case that anyone - myself; 60 minutes; OSHA would love to take [our company's] management to the mat over. Black and white. None of this 'Captain; you are NOT a doctor. You are not qualified to make this determination' from management would fly in this case.The problem was that [the sick F/A] feared retribution from management if she took herself off the trip. Retribution in the form of termination or her probation being extended. She was unwilling to make a sick call to crew scheduling. I contacted crew scheduling; informed crew scheduling that this FA was unfit for duty and requested a replacement. Crew scheduling informed me they did not have authority to do this. Well; it was crew scheduling's lucky day - I informed them the decision was mine - they did not need to make any decisions. It ended up with the duty officer and I having a conversation. It was a polite and well mannered conversation. I should add that the duty officer is an experienced person that I respect. But we had a stalemate. Crew scheduling was unwilling to remove a crew member under direction from the Captain. The duty officer was diplomatic and suggested that flight operations does not really have any authority over in-flight policies and that in-flight has their own duty officer. After about 20 minutes; the stalemate was broken by the unfit FA contacting crew scheduling. She did so to break the stalemate. She may also have felt that I pressured her to call in sick and was willing to give in under pressure. I think I established a good rapport with her and the goings on in the crew room were harmonious. All crew members involved were privy to listening to all of my conversations. It turns out there was an airport reserve FA. The airport reserve FA was too sick to come into the airport and had remained in her car in the parking lot for the hours before she was called. The replacement FA looked pretty rough. Well; great. I have a choice. Be a hypocrite or repeat the entire process with crew scheduling and the duty officer all over again. I did inform the duty officer that the replacement flight attendant was also sick as I had not hung up the phone yet. The replacement flight attendant was sick to her stomach and felt she might vomit at any time including on the flight. She also was in fear of management retribution if she removed herself as unfit to fly. I established that she could; despite her condition; perform all FAA required duties. My case to have her removed was slightly weaker than with the first sick FA. It was a case I could win; but in the sense of choosing my battles I chose being a hypocrite over another confrontation with management and over putting yet another FA in line for 'counseling' by in flight. We did the short flight. She made it. Of course; she was as likely to infect passengers as was the FA replaced. Also; I ascertained that her issue was not in her ears and was unlikely to cause her physical harm or death by flying. This was a part of my decision making. I wondered if I should check the Captain emergency authority box because I exercised authority that management does not recognize as Captain authority. Therefore since I went beyond my authority; it was an exercise in Captain emergency authority for the safety of flight. Because the exercise of this authority did not happen in flight; it is perhaps a grey area.




Synopsis: Air Carrier Captain reported he has observed pressure from his company on flight attendants to work even if they are sick.