[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1422 Enrolled Bill (ENR)]

        S.1422

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
             the sixth day of January, two thousand and nine


                                 An Act


 
    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 meet the requirement if--

                    ``(I) the employee has worked or been paid for not 
                less than 60 percent of the applicable total monthly 
                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) containing information specifying the applicable 
            monthly guarantee with respect to each category of employee 
            to which such guarantee applies.
                ``(iii) Definition.--In this subparagraph, the term 
            `applicable monthly 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 month; 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 month,

            as established in the applicable collective bargaining 
            agreement or, if none exists, in the employer's 
            policies.''.
    (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).''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.