1.This Act may be cited as the
Railroad Hours of Service Employees
Technical Corrections Act
.
2.Leave requirement
for railroad hours of service employees
(a)Inclusion of
railroad hours of service employeesSection 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)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)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)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 employeesSection 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 employeesThe 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).
.