[Congressional Record (Bound Edition), Volume 154 (2008), Part 7]
[House]
[Pages 9642-9645]
[From the U.S. Government Publishing Office, www.gpo.gov]




             AIRLINE FLIGHT CREW TECHNICAL CORRECTIONS ACT

  Mr. BISHOP of New York. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 2744) to amend the Family and Medical Leave Act of 
1993 to clarify the eligibility requirements with respect to airline 
flight crews, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2744

       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 be eligible if--

       ``(I) the employee has worked or been paid for 60 percent 
     of the applicable monthly guarantee, or the equivalent 
     annualized over the preceding 12-month period; and
       ``(II) the employee has worked or been paid for a minimum 
     of 504 hours during the preceding 12-month period.

       ``(ii) Definition.--As used in this subparagraph, the term 
     `applicable monthly guarantee' means--

[[Page 9643]]

       ``(I) for employees described in clause (i) other than 
     employees on reserve status, the minimum number of hours for 
     which an employer has agreed to schedule such employees for 
     any given month; and
       ``(II) for employees described in clause (i) who are on 
     reserve status, the number of hours for which an employer has 
     agreed to pay such employees on reserve status for any given 
     month,

     as established in the collective bargaining agreement, or if 
     none exists in the employer's policies. Each employer of an 
     employee described in clause (i) shall maintain on file with 
     the Secretary (in accordance with regulations the Secretary 
     may prescribe) the applicable monthly guarantee with respect 
     to each category of employee to which such guarantee 
     applies.''.
       (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).''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Bishop) and the gentlewoman from Illinois (Mrs. Biggert) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. BISHOP of New York. Mr. Speaker, I request 5 legislative days 
during which Members may revise and extend their remarks and insert 
extraneous materials on H.R. 2744 into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. BISHOP of New York. I yield myself such time as I may consume.
  Let me begin, Mr. Speaker, by thanking Chairman Miller and Ranking 
Member McKeon for supporting this bill and helping to bring it to the 
floor so quickly. I have been proud to be the primary sponsor of this 
bill. I also want to thank Mr. McCotter of Michigan, who was the 
primary cosponsor of the bill on the Republican side.
  The Family Medical Leave Act has been a great program for working 
families in this country since it was passed in 1993. No one can 
question the benefit it has provided for working women and men by being 
able to take time off from work to care for themselves or family 
members.
  The original intent of the law was to provide for 12 weeks of unpaid 
leave if an employee has worked 60 percent of a full time schedule over 
the past year, which is about 1,250 hours. So in order to qualify for 
FMLA coverage, an employee has to have logged in 1,250 hours over 12 
months to be eligible.

                              {time}  1445

  While 1,250 hours adequately reflects 60 percent of a full-time 
schedule for the vast majority of employees in this country, that 
equation does not work for flight attendants and pilots. Flight 
attendants and pilots work under the Railway Labor Act, rather than the 
Fair Labor Standards Act, which covers most nine to five workers. Time 
between flights, whether during the day or on overnights and layovers, 
is based on company scheduling requirements and needs, but does not 
count towards crew member time at work. Flight attendants and pilots 
can spend up to four to five days a week away from home and family due 
to the nature of their job. However, all of those hours will not count 
towards qualification.
  The courts have strictly interpreted the law and insisted that crew 
members must abide by the 1,250 hours for qualification, even though 
the intent of the law was 60 percent of a full-time schedule. Airline 
flight crews have been left out of what was intended to cover them. 
Therefore, a technical correction is needed to ensure that FMLA 
benefits are extended to these employees. This legislation seeks to 
clarify the intent of the law.
  This legislation simply states that an airline crew member will be 
eligible for FMLA benefits if they have been paid for or completed 60 
percent of their company's monthly hour or trip guarantee and have 
worked 504 hours. This brings these transportation workers in line with 
the intent of the original legislation and as promised when the law was 
passed.
  Last month in our Education Committee we heard from Jennifer Hunt, a 
flight attendant for US Airways. Jennifer was denied FMLA coverage when 
she applied to take time off to care for her ill husband, an Iraq war 
vet. Jennifer, like many other flight attendants and pilots as well, 
unfortunately did not meet the hourly requirement. This bill corrects 
that oversight.
  Mr. Speaker, I thank the chairman for his support and for bringing 
this legislation to the floor, and I urge my colleagues to adopt this 
legislation.
  I reserve the balance of my time.
  Mrs. BIGGERT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 2744, the Airline Flight Crew 
Technical Corrections Act. Just last week, this bill was approved 
unanimously by the Education and Labor Committee. The reason H.R. 2744 
has secured the level of support that it has is because it sticks to 
what its name promises, a bill that has been crafted narrowly to 
address a need identified by flight crew personnel that has arisen 
because of a technicality in how their work hours are calculated.
  Airline personnel, including certain flight attendants, are subject 
to a unique scheduling process in which they are paid for being on 
call, but in some cases are not credited with those hours in the work 
requirement calculation used for Family and Medical Leave Act 
eligibility. What is the practical impact of this situation? Some 
flight crew personnel may work a full-time schedule, but fail to 
qualify for family and medical leave. This is a real concern for those 
grappling with health conditions or a family obligation.
  The bill before us today is an important opportunity to extend the 
protections of FMLA to flight crew who might otherwise be denied 
benefits under the law. I am pleased to be a cosponsor of this 
important legislation, and I want to thank Representative Bishop and 
Chairman Miller for working with Members on both sides of the aisle to 
ensure this bill achieves its stated goal, no more and no less. But no 
one should look at this bill as a substitute for the type of 
comprehensive reform that is needed.
  Mr. Speaker, many Members have been uneasy about efforts to open up 
the Family and Medical Leave Act for small changes when it is clear 
that broader reforms are necessary. The Family and Medical Leave Act 
has worked well for 15 years, offering workers the flexibility to 
attend to their own health or care for a loved one in their time of 
need without fear of losing their job.
  But despite the law's many successes, it has also become clear that 
many changes are needed. The reality of today's workplaces are 
different than those of a decade-and-a-half ago. In an addition, the 
courts have offered evolving interpretations, and, as is often the case 
with such a sweeping change to employment law, there have been 
unintended consequences for both employers and employees.
  There is another reason that some of my colleagues have been cautious 
about opening up FMLA. There is always a danger that by placing special 
protections in the law for one group of workers, we may end up on a 
slippery slope of piecemeal changes that breed confusion rather than 
clarity. This could lead to unintended consequences that could actually 
harm workers if, for instance, our new protections for one class of 
workers are interpreted by the courts or Federal regulators as a means 
to exclude other workers. I think these are valid concerns, and that is 
why this bill has been drafted carefully in an effort to avoid these 
dangers. Going forward, I think we must be mindful of the consequences 
that could come from further attempts to tweak the law, rather than to 
give it a more thorough update.
  So while I continue to believe that we must proceed with the utmost 
caution, I also believe it is reasonable today to correct this law so 
flight crews can benefit from the FMLA, just as millions of other 
workers do. The bill before us today is a small step, but one that will 
make a meaningful difference to a number of my constituents and other 
families across the country.

[[Page 9644]]

  I would like to thank the flight attendants in my district who came 
in to see me on this topic for all their help. I am hopeful that we can 
take the same constructive approach on broader FMLA reforms to ensure 
that FMLA continues to work as it was intended, offering a balance for 
both workers and employers.
  With that, if the gentleman has no further speakers, I will yield 
back the balance of my time.
  Mr. BISHOP of New York. Mr. Speaker, let me just close by thanking 
also the great deal of support we had on the Republican side of the 
aisle for this bill. I also want to thank the flight attendants for 
their tireless advocacy of their bill and the many long hours of work 
that they put in to secure approximately 240 cosponsors for this bill. 
I think the fact that we were able to generate so many cosponsors is a 
testament to the fact that this is a carefully and narrowly crafted 
bill that addresses an inequity that was never intended in the original 
law.
  Mr. GEORGE MILLER of California. Mr. Speaker, today, the House has an 
opportunity to restore Congress' intent to allow flight attendants, 
pilots, and reserve flight crew members to take unpaid leave under the 
Family and Medical Leave Act of 1993 without fear of losing their jobs.
  Passage of H.R. 2744, the Airline Flight Crew Technical Corrections 
Act, will ensure job protection for these workers when they need to 
time off to recover from an illness or care for newborn children or 
sick family members.
  While millions of American workers are guaranteed up to 12 work weeks 
of unpaid leave, narrow Department of Labor regulations have rendered 
more than 200,000 flight crew personnel unable to take advantage of the 
Family and Medical Leave Act.
  The problem is that flight crew workers are not paid or scheduled for 
work in the same manner as industries that are governed by the Fair 
Labor Standards Act. Currently, the minimum threshold to qualify under 
the Family and Medical Leave Act is based on working at least 60 
percent of a normal 40-hour work week--or 1,250 hours annually.
  However, most fulltime flight attendants' and pilots' work schedules 
are calculated based on their ``in-flight'' time--generally only those 
hours spent while the plane is moving. They are not paid for the time 
spent between flights or during layovers.
  This means that an average flight attendant spends approximately 13 
hours on-duty for every 5 hours of actual flight time. But only those 5 
hours are counted towards their FMLA eligibility.
  Work schedules for full-time flight attendants, pilots, or reserve 
personnel make it almost impossible to meet the minimum 1,250 threshold 
because of their unpaid time doing pre-flight and post-flight work 
activities.
  The problem is that flight crew workers are not paid or scheduled for 
work in the same manner as industries that are governed by the Fair 
Labor Standards Act. Currently, the minimum threshold to qualify under 
the Family and Medical Leave Act is based on working at least 60 
percent of a normal 40-hour work week--or 1,250 hours annually.
  However, most full-time flight attendants' and pilots' work schedules 
are calculated based on their ``in-flight'' time--generally only those 
hours spent while the plane is moving. They are not paid for the time 
spent between flights or during layovers.
  This means that an average flight attendant spends approximately 13 
hours on-duty for every 5 hours of actual flight time. But only those 
five hours are counted towards their FMLA eligibility.
  Work schedules for full-time flight attendants, pilots, or reserve 
personnel make it almost impossible to meet the minimum 1,250 threshold 
because of their unpaid time doing preflight and post-flight work 
activities.
  On average, a flight attendant is scheduled for 960 in-flight hours 
each year, and according to FAA regulations, pilots are prohibited from 
flying more than 1,000 hours a year.
  The legislative history is clear that airline attendants and pilots 
were meant to be covered when Congress enacted the original legislation 
in 1993.
  The Airline Flight Crew Technical Corrections Act clarifies that 
flight attendants and pilots are entitled the benefits afforded by the 
Family and Medical Leave Act.
  The legislation provides that airline attendants, pilots and reserve 
personnel meet the hours of service requirement in the Family and 
Medical Leave Act if they work or are paid 60 percent of the airline's 
monthly work schedule and if they work or are paid for at least 504 
hours.
  This number represents about 60 percent of the monthly work schedule 
of a typical airline.
  Hard working flight attendants and pilots should be able to take 
needed family and medical leave, and they deserve the protection of the 
law in securing their jobs when they return from tending to their 
personal and family medical needs.
  I would like to thank Congressman Timothy Bishop for introducing this 
important piece of legislation. I also thank the ranking member of the 
Education and Labor Committee, Mr. McKeon, for working with us to help 
craft a true bipartisan bill.
  Ms. WOOLSEY. Mr. Speaker, I want to congratulate Mr. Bishop on 
successfully bringing this bill to the floor, and I am proud to be an 
original cosponsor of this legislation. This change to the Family and 
Medical Leave Act (FMLA) is long overdue and clarifies the original 
intent of the law passed in 1993, to ensure that airline flight crews 
have access to job-protected unpaid family and medical leave. The 
Workforce Protections Subcommittee, which I chair, held a hearing in 
April celebrating the 15th anniversary of the FMLA. And at the hearing 
we did celebrate the difference that job-protected family and medical 
leave--even if it is unpaid--has made in people's lives. But we all 
recognized that the law is in need of improvement.
  We need paid leave and we need to expand FMLA to include airline 
flight crew. Jennifer Hunt, a 19-year flight attendant with U.S. 
Airways testified at the Subcommittee to the importance of family and 
medical leave and how thousands of flight attendants, including 
Jennifer herself, are unable to take advantage of this benefit.
  Then she told us her story. In December, 2007, Jennifer's husband, 
John was diagnosed with prostate cancer and Jennifer needed time out 
from her full-time schedule to attend his medical appointments and be 
with him for his surgery and recovery. But without FMLA leave, Jennifer 
was stuck. She was able to adjust her schedule to be with John during 
his surgery. However, she returned to work as soon as John was out of 
the hospital and had to rely on friends and family to assist in his 
care and the care of her two young children.
  FMLA job-protected leave is essential to hardworking airline 
personnel who face the same challenges as other workers do in balancing 
their work and family. I am so pleased that Mr. Bishop's bill will 
provide them with this important benefit.
  Mrs. MALONEY of New York. Mr. Speaker, I rise today in support of 
H.R. 2744, the Airline Flight Crew Technical Corrections Act. I want to 
thank my friend and colleague from New York, Representative Tim Bishop, 
for his strong leadership on this issue.
  This bill corrects an oversight in the current version of the Family 
and Medical Leave Act, which did not take into account the unique 
circumstances of employment as a flight attendant or pilot. To qualify 
for leave under FMLA now, all employees must work a minimum of 1,250 
hours per year, or 60 percent of what is considered a full-time work 
schedule in most industries.
  For flight attendants and pilots, however, there is a different 
standard for full-time employment. Their hours are calculated purely on 
the basis of ``in-flight'' time, which does not include any time in 
between flights, time spent preparing for a flight, or periods when 
they are on ``reserve'' status in the event that someone cannot fly 
their scheduled flight. An average full-time flight attendant works 960 
hours per year. Additionally, pilots are prohibited by the FAA from 
working more than 1,000 hours per year, which automatically 
disqualifies them from leave under FMLA.
  The Airline Flight Crew Technical Corrections Act will amend FMLA to 
reduce the hours-of-service requirement for flight crews, so that they 
will be eligible if they work 60 percent of a full-time schedule in 
their industry.
  Airline flight crews have difficult jobs, and the number of ``in-
flight'' hours that they work does not accurately measure all that they 
do. I urge my colleagues to support H.R. 2744, to give flight 
attendants a benefit that so many other American workers already have.
  Mr. BISHOP of New York. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Bishop) that the House suspend the rules 
and pass the bill, H.R. 2744, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BISHOP of New York. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.

[[Page 9645]]

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________