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Denied boarding over pregnancy fit to fly letter - who is right?

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Denied boarding over pregnancy fit to fly letter - who is right?

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Old Aug 19, 2019, 10:10 am
  #16  
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Thank you for all the replies. I will certainly pursue a claim and report back on this thread. I see how BA may try and claim a health and safety exception, but given I fulfilled all their documentation requirements and that my wife is fit and healthy (as per the doctors letter and to they eye), I don’t see what more I could have done to be boarded.

Regarding the question of who the staff work for, I can’t be sure but I think they were just BA - all in BA uniforms, all went to the gate for departure, all left the airport after departure etc.
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Old Aug 19, 2019, 10:24 am
  #17  
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Originally Posted by corporate-wage-slave
DEN ground agents, who are not BA employees, will be asked about it via the Airport Manager.
Hadn’t seen this part when I replied - of course defer to CWS on this
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Old Aug 19, 2019, 10:30 am
  #18  
 
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Originally Posted by Jamieharvey
Thank you for all the replies. I will certainly pursue a claim and report back on this thread. I see how BA may try and claim a health and safety exception, but given I fulfilled all their documentation requirements and that my wife is fit and healthy (as per the doctors letter and to they eye), I don’t see what more I could have done to be boarded.

Regarding the question of who the staff work for, I can’t be sure but I think they were just BA - all in BA uniforms, all went to the gate for departure, all left the airport after departure etc.
Just because they wear BA uniform doesn't make them BA employees. For example at Glasgow, Menzies do all BA check in and boarding but they wear BA uniform.
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Old Aug 19, 2019, 10:35 am
  #19  
 
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Originally Posted by MSPeconomist
Are they real BA employees or airport contract workers? If they handle check ins for different airlines, they could be confused about BA versus other carrier requirements for flying while pregnant.
CWS answered up thread but most US stations are contract employees now. (All xmt JFK?)
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Old Aug 19, 2019, 10:40 am
  #20  
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Originally Posted by krispy84


CWS answered up thread but most US stations are contract employees now. (All xmt JFK?)
Yes indeed. His post was just after I asked the question.
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Old Aug 19, 2019, 11:00 am
  #21  
 
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Originally Posted by Jamieharvey

It said “This is to confirm that Mrs JH is 28wks 3days pregnant on the day she is due to fly to the USA”. Then goes on to say fit and normal etc. The letter doesn’t actually say “fit to fly”, it just confirms how far the pregnancy is, and that there have been no complications.
I wonder if the problem might have been in the wording of your letter? It only talks about the outbound and doesn’t specify the due date. Nitpicking, I know, just trying to see the rationale. They may have thought she was closer to her due date if they didn’t know when you flew to the US and the letter didn’t specify?

For your and your baby’s safety you cannot fly after:
the end of the 36th week if you are pregnant with one baby
the end of the 32nd week if you are pregnant with more than one baby
We recommend you carry a letter or statement from your Doctor or Midwife confirming:
Whether your pregnancy is single or multiple
Your expected due date
There are no complications with your pregnancy
The letter should be dated as close to your travel date as possible and covers you for your entire journey (outbound and return) provided you do not require any medical care during your trip.
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Old Aug 19, 2019, 11:02 am
  #22  
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Originally Posted by Finkface
I wonder if the problem might have been in the wording of your letter? It only talks about the outbound and doesn’t specify the due date. Nitpicking, I know, just trying to see the rationale. They may have thought she was closer to her due date if they didn’t know when you flew to the US and the letter didn’t specify?

For your and your baby’s safety you cannot fly after:
the end of the 36th week if you are pregnant with one baby
the end of the 32nd week if you are pregnant with more than one baby
We recommend you carry a letter or statement from your Doctor or Midwife confirming:
Whether your pregnancy is single or multiple
Your expected due date
There are no complications with your pregnancy
The letter should be dated as close to your travel date as possible and covers you for your entire journey (outbound and return) provided you do not require any medical care during your trip.
That was my reaction too: the letter didn't mention the return trip.
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Old Aug 19, 2019, 11:08 am
  #23  
 
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Originally Posted by MSPeconomist
That was my reaction too: the letter didn't mention the return trip.
At the risk of overthinking this, I wonder if the author of the original letter was thinking of his/her liability reference a return flight several weeks hence? That said, the whole medical letter thing is a game of pass-the-liability-parcel.
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Old Aug 19, 2019, 11:11 am
  #24  
 
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Originally Posted by MSPeconomist
That was my reaction too: the letter didn't mention the return trip.
But against that:

1. You could calculate the due date - basically 28 weeks at the start of the trip, + a further 2 weeks afterwards.

2. The rules allow the passenger to fly up to 36 weeks.

3. BA accepted the letter and confirmed that it was valid for the return.

I can see why they would question it, and even escalate, but I don't see the need for a denial of boarding.
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Old Aug 19, 2019, 11:12 am
  #25  
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Originally Posted by krispy84


At the risk of overthinking this, I wonder if the author of the original letter was thinking of his/her liability reference a return flight several weeks hence? That said, the whole medical letter thing is a game of pass-the-liability-parcel.
Wouldn't the doctor hedge and say something like "at this time, I can see no reason that the patient cannot travel in three weeks."

It would largely be pointless to get a letter from a random doctor who hasn't been involved with the patient's care and no one would want (to endure or pay for) extensive duplicate medical tests just for a new letter from someone who has no direct knowledge of the patient's medical history. Moreover, it wouldn't be easy for a new patient to get an appointment with a medical professional on short notice and it would be inappropriate to take oneself to an emergency room for such an issue.
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Old Aug 19, 2019, 11:21 am
  #26  
 
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Originally Posted by MSPeconomist
Wouldn't the doctor hedge and say something like "at this time, I can see no reason that the patient cannot travel in three weeks."

It would largely be pointless to get a letter from a random doctor who hasn't been involved with the patient's care and no one would want (to endure or pay for) extensive duplicate medical tests just for a new letter from someone who has no direct knowledge of the patient's medical history. Moreover, it wouldn't be easy for a new patient to get an appointment with a medical professional on short notice and it would be inappropriate to take oneself to an emergency room for such an issue.
👍

I think we have 2 possible situations here, in descending likelihood:

1. BA’s contract agents in DEN made a mistake.

2. OP and his wife failed to strictly adhere to BA’s medical requirements for carriage and were refused travel legitimately.

Whatever the reason(s), it’s certainly a reminder to everyone to ensure that any medical letters explicitly mention the full duration of travel.
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Old Aug 19, 2019, 11:37 am
  #27  
 
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Originally Posted by Cymro
But against that:

1. You could calculate the due date - basically 28 weeks at the start of the trip, + a further 2 weeks afterwards.

2. The rules allow the passenger to fly up to 36 weeks.

3. BA accepted the letter and confirmed that it was valid for the return.

I can see why they would question it, and even escalate, but I don't see the need for a denial of boarding.
Do the contract agents know when the trip started so therefore how many additional weeks had passed since the 28 weeks and 3 days pregnant stated in the letter? And would they even take the time to try to calculate it and then know how many weeks to due date that was? Seems easier to put the expected due date on the letter as it asks. Then there is no need to figure anything out. Like I said, nitpicking but I can see a contract agent not seeing the required information in the letter, not knowing when the due date is, and rather than take a risk, they took the easy way out.
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Old Aug 19, 2019, 12:08 pm
  #28  
 
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Originally Posted by Finkface
Do the contract agents know when the trip started so therefore how many additional weeks had passed since the 28 weeks and 3 days pregnant stated in the letter? And would they even take the time to try to calculate it and then know how many weeks to due date that was? Seems easier to put the expected due date on the letter as it asks. Then there is no need to figure anything out. Like I said, nitpicking but I can see a contract agent not seeing the required information in the letter, not knowing when the due date is, and rather than take a risk, they took the easy way out.
That's undoubtedly what happened, but they do have a duty not to deny boarding even if they don't have an explicit duty to run around. They certainly could have pulled up the booking and found out when the outbound was flown. In my view it is at least arguable that there is sufficient evidence there to allay the H&S concern, especially with the confirmation from BA that the return was already covered.
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Old Aug 19, 2019, 12:10 pm
  #29  
 
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Originally Posted by Finkface
Do the contract agents know when the trip started so therefore how many additional weeks had passed since the 28 weeks and 3 days pregnant stated in the letter? And would they even take the time to try to calculate it and then know how many weeks to due date that was? Seems easier to put the expected due date on the letter as it asks. Then there is no need to figure anything out.
Except despite BA asking for due date in the letter, their actual rule is based on weeks. So it actually involves less calculation as OP provided it. Can we really expect front line employees to know how many weeks a standard due date is set at?
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Old Aug 19, 2019, 12:13 pm
  #30  
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Originally Posted by krispy84


👍

I think we have 2 possible situations here, in descending likelihood:

1. BA’s contract agents in DEN made a mistake.

2. OP and his wife failed to strictly adhere to BA’s medical requirements for carriage and were refused travel legitimately.

Whatever the reason(s), it’s certainly a reminder to everyone to ensure that any medical letters explicitly mention the full duration of travel.
We have been through the same thought process of what we could have done differently.

Given the letter we obtained did include the due date (I didn’t include the particulars in my quote, and besides, the due date is a derivative of how how many weeks you are, which was also included), cleared the letter was sufficient with BA before travel, I don’t see how we could have done anything differently.

i understand the point about medical liability, time passed since the outbound flight etc., but we followed the instructions to the letter. On the point of wording of the original letter, it didn’t say we were only fit to fly on the outbound flight, it simply stated the point of pregnancy (28wks 3days) on the outbound travel day. I suppose it could have stated the pregnancy duration only the return date, but (1) the guidelines don’t ask for it, and (2) adding that would just have been a statement of fact (she will be xxx weeks on xxx date), not medical opinion.

Last edited by Jamieharvey; Aug 19, 2019 at 12:26 pm
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