HR 912 RFS
H. R. 912
IN THE SENATE OF THE UNITED STATES
February 10, 2009
February 10, 2009
Received, read twice and referred to the Committee on Health, Education, Labor, and Pensions
To amend the Family and Medical Leave Act of 1993 to clarify the eligibility requirements with respect to airline flight crews.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Airline Flight Crew Technical Corrections Act’.
SEC. 2. LEAVE REQUIREMENT FOR AIRLINE FLIGHT CREWS.
(a) Inclusion of Airline Flight Crews- Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by adding at the end the following:
‘(D) AIRLINE FLIGHT CREWS-
‘(i) DETERMINATION- For purposes of determining whether an employee who is a flight attendant or flight crewmember (as such terms are defined in regulations of the Federal Aviation Administration) meets the hours of service requirement specified in subparagraph (A)(ii), the employee will be considered to be eligible if--
‘(I) the employee has worked or been paid for 60 percent of the applicable monthly guarantee, or the equivalent annualized over the preceding 12-month period; and
‘(II) the employee has worked or been paid for a minimum of 504 hours during the preceding 12-month period.
‘(ii) DEFINITION- As used in this subparagraph, the term ‘applicable monthly guarantee’ means--
‘(I) for employees described in clause (i) other than employees on reserve status, the minimum number of hours for which an employer has agreed to schedule such employees for any given month; and
‘(II) for employees described in clause (i) who are on reserve status, the number of hours for which an employer has agreed to pay such employees on reserve status for any given month,
as established in the collective bargaining agreement, or if none exists in the employer’s policies. Each employer of an employee described in clause (i) shall maintain on file with the Secretary (in accordance with regulations the Secretary may prescribe) the applicable monthly guarantee with respect to each category of employee to which such guarantee applies.’.
(b) Calculation of Leave for Airline Flight Crews- Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end the following:
‘(5) CALCULATION OF LEAVE FOR AIRLINE FLIGHT CREWS- The Secretary may provide, by regulation, a method for calculating the leave described in paragraph (1) with respect to employees described in section 101(2)(D).’.
Passed the House of Representatives February 9, 2009.
LORRAINE C. MILLER,