II 110th CONGRESS 1st Session S. 2059 IN THE SENATE OF THE UNITED STATES September 18, 2007 Mrs. Clinton (for herself and Mr. Kennedy) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Family and Medical Leave Act of 1993 to clarify the eligibility requirements with respect to airline flight crews.

1.

Short title

This Act may be cited as the Airline Flight Crew Technical Corrections Act.

2.

Leave requirements for 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 meets the hours of service requirement specified in subparagraph (A)(ii), the employee will be considered to have met the requirement if the employee has been paid for at least 60 percent or has worked at least 60 percent of the employer’s monthly hour or trip guarantee, or the equivalent, annualized over the previous 12-month period. (ii)

Definitions

In this subparagraph: (I)

Employer's monthly hour or trip guarantee

The term employer’s monthly hour or trip guarantee means the number of hours for which an employer has agreed to pay the employee described in clause (i) for any given month, regardless of the actual number of hours worked. (II)

Flight attendant

The term flight attendant means a flight attendant within the meaning of section 121.391 of title 14, Code of Federal Regulations (or any corresponding similar regulation or ruling). (III)

Flight crewmember

The term flight crewmember has the meaning given the term flightcrew member in section 1.1 of such title 14 (or any corresponding similar regulation or ruling). .