[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5944 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5944

   To amend the Family and Medical Leave Act of 1993 to clarify the 
  eligibility requirements with respect to railroad Hours of Service 
                               employees.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2010

Mr. Bishop of New York (for himself, Mr. LaTourette, Mr. Critz, and Mr. 
   Filner) introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
   To amend the Family and Medical Leave Act of 1993 to clarify the 
  eligibility requirements with respect to railroad Hours of Service 
                               employees.

    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 ``Railroad Hours of Service Employees 
Technical Corrections Act''.

SEC. 2. LEAVE REQUIREMENT FOR RAILROAD HOURS OF SERVICE EMPLOYEES.

    (a) Inclusion of Railroad Hours of Service Employees.--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:
                    ``(E) Railroad hours of service employees.--
                            ``(i) Determination.--For purposes of 
                        determining whether a railroad employee who is 
                        subject to the hours of service laws under 
                        chapter 211 of title 49, United States Code, 
                        meets the hours of service requirement 
                        specified in subparagraph (A)(ii), the employee 
                        will be considered to meet the requirement if--
                                    ``(I) the employee has worked or 
                                been paid for not less than 60 percent 
                                of the applicable total guarantee, or 
                                the equivalent, for the previous 12-
                                month period, for or by the employer 
                                with respect to whom leave is requested 
                                under section 102; and
                                    ``(II) the employee has worked or 
                                been paid for not less than 504 hours 
                                (not counting personal commute time or 
                                time spent on vacation leave or medical 
                                or sick leave) during the previous 12-
                                month period, for or by that employer.
                            ``(ii) File.--Each employer of an employee 
                        described in clause (i) shall maintain on file 
                        with the Secretary (in accordance with such 
                        regulations as the Secretary may prescribe) 
                        information specifying the applicable guarantee 
                        with respect to each category of employee to 
                        which such guarantee applies.
                            ``(iii) Definition.--In this subparagraph, 
                        the term `applicable guarantee' means--
                                    ``(I) for an employee described in 
                                clause (i) other than an employee on 
                                reserve status, the minimum number of 
                                hours for which an employer has agreed 
                                to schedule such employee for any given 
                                period; and
                                    ``(II) for an employee described in 
                                clause (i) who is on reserve status, 
                                the number of hours for which an 
                                employer has agreed to pay such 
                                employee on reserve status for any 
                                given period,
                        as established in the applicable collective 
                        bargaining agreement or, if none exists, in the 
                        employer's policies.''.
    (b) Calculation of Leave for Railroad Hours of Service Employees.--
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 railroad hours of service 
        employees.--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)(E).''.
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