II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Airline Flight Crew 

5 Technical Corrections Act’’. 

6 SEC. 2. LEAVE REQUIREMENT FOR AIRLINE FLIGHT 

7 CREWS. 

8 (a) INCLUSION OF AIRLINE FLIGHT CREWS.—Sec9 tion 101(2) of the Family and Medical Leave Act of 1993 


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1 (29 U.S.C. 2611(2)) is amended by adding at the end the 

2 following: 

3 ‘‘(D) AIRLINE FLIGHT CREWS.— 

4 ‘‘(i) DETERMINATION.—For purposes 

5 of determining whether an employee who is 

6 a flight attendant or flight crewmember 

7 (as such terms are defined in regulations 

8 of the Federal Aviation Administration) 

9 meets the hours of service requirement 

10 specified in subparagraph (A)(ii), the em11 ployee will be considered to meet the re12 quirement if— 

13 ‘‘(I) the employee has worked or 

14 been paid for not less than 60 percent 

15 of the applicable total monthly guar16 antee, or the equivalent, for the pre17 vious 12-month period, for or by the 

18 employer with respect to whom leave 

19 is requested under section 102; and 

20 ‘‘(II) the employee has worked or 

21 been paid for not less than 504 hours 

22 (not counting time spent on vacation 

23 leave or medical or sick leave) during 

24 the previous 12-month period, for or 

25 by that employer. 


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1 ‘‘(ii) FILE.—Each employer of an em2 ployee described in clause (i) shall main3 tain on file with the Secretary (in accord4 ance with such regulations as the Sec5 retary may prescribe) containing informa6 tion specifying the applicable monthly 

7 guarantee with respect to each category of 

8 employee to which such guarantee applies. 

9 ‘‘(iii) DEFINITION.—In this subpara10 graph, the term ‘applicable monthly guar11 antee’ means— 

12 ‘‘(I) for an employee described in 

13 clause (i) other than an employee on 

14 reserve status, the minimum number 

15 of hours for which an employer has 

16 agreed to schedule such employee for 

17 any given month; and 

18 ‘‘(II) for an employee described 

19 in clause (i) who is on reserve status, 

20 the number of hours for which an em21 ployer has agreed to pay such em22 ployee on reserve status for any given 

23 month, 


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1 as established in the applicable collective 

2 bargaining agreement or, if none exists, in 

3 the employer’s policies.’’. 

4 (b) CALCULATION OF LEAVE FOR AIRLINE FLIGHT

5 CREWS.—Section 102(a) of the Family and Medical Leave 

6 Act of 1993 (29 U.S.C. 2612(a)) is amended by adding 

7 at the end the following: 

8 ‘‘(5) CALCULATION OF LEAVE FOR AIRLINE

9 FLIGHT CREWS.—The Secretary may provide, by 

10 regulation, a method for calculating the leave de11 scribed in paragraph (1) with respect to employees 

12 described in section 101(2)(D).’’. 

Æ 


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