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[111th Congress Public Law 119]
[From the U.S. Government Printing Office]

[[Page 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. <<NOTE: Dec. 21, 2009 -  [S. 1422]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Airline Flight 
Crew Technical Corrections Act.>> 
SECTION 1. <<NOTE: 29 USC 2601 note.>>  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

[[Page 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:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 155 (2009):
            Nov. 10, considered and passed Senate.
            Dec. 2, considered and passed House.

                                  <all>
```