[United States Statutes at Large, Volume 123, 111th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

123 STAT. 3476

Public Law 111-119
111th Congress

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

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123 STAT. 3477

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).''.

Approved December 21, 2009.

LEGISLATIVE HISTORY--S. 1422:
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CONGRESSIONAL RECORD, Vol. 155 (2009):
Nov. 10, considered and passed Senate.
Dec. 2, considered and passed House.