[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1422 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 1422
To amend the Family and Medical Leave Act of 1993 to clarify the
eligibility requirements with respect to airline flight crews.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 9, 2009
Mrs. Murray (for herself, Mr. Webb, Mr. Dodd, Ms. Murkowski, Ms.
Collins, and Mr. Bond) 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.
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 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).''.
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