[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1422 Engrossed in Senate (ES)]

111th CONGRESS
  1st Session
                                S. 1422

_______________________________________________________________________

                                 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).''.

            Passed the Senate November 10, 2009.

            Attest:

                                                             Secretary.
111th CONGRESS

  1st Session

                                S. 1422

_______________________________________________________________________

                                 AN ACT

   To amend the Family and Medical Leave Act of 1993 to clarify the 
     eligibility requirements with respect to airline flight crews.