111TH CONGRESS 

1ST SESSION S. 1422 

AN ACT 

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, 
2 

†S 1422 ES

1 SECTION 1. SHORT TITLE. 

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

3 Technical Corrections Act’’. 

4 SEC. 2. LEAVE REQUIREMENT FOR AIRLINE FLIGHT 

5 CREWS. 

6 (a) INCLUSION OF AIRLINE FLIGHT CREWS.—Sec7 tion 101(2) of the Family and Medical Leave Act of 1993 

8 (29 U.S.C. 2611(2)) is amended by adding at the end the 

9 following: 

10 ‘‘(D) AIRLINE FLIGHT CREWS.— 

11 ‘‘(i) DETERMINATION.—For purposes 

12 of determining whether an employee who is 

13 a flight attendant or flight crewmember 

14 (as such terms are defined in regulations 

15 of the Federal Aviation Administration) 

16 meets the hours of service requirement 

17 specified in subparagraph (A)(ii), the em18 ployee will be considered to meet the re19 quirement if— 

20 ‘‘(I) the employee has worked or 

21 been paid for not less than 60 percent 

22 of the applicable total monthly guar23 antee, or the equivalent, for the pre24 vious 12-month period, for or by the 

25 employer with respect to whom leave 

26 is requested under section 102; and 
3 

†S 1422 ES

1 ‘‘(II) the employee has worked or 

2 been paid for not less than 504 hours 

3 (not counting personal commute time 

4 or time spent on vacation leave or 

5 medical or sick leave) during the pre6 vious 12-month period, for or by that 

7 employer. 

8 ‘‘(ii) FILE.—Each employer of an em9 ployee described in clause (i) shall main10 tain on file with the Secretary (in accord11 ance with such regulations as the Sec12 retary may prescribe) containing informa13 tion specifying the applicable monthly 

14 guarantee with respect to each category of 

15 employee to which such guarantee applies. 

16 ‘‘(iii) DEFINITION.—In this subpara17 graph, the term ‘applicable monthly guar18 antee’ means— 

19 ‘‘(I) for an employee described in 

20 clause (i) other than an employee on 

21 reserve status, the minimum number 

22 of hours for which an employer has 

23 agreed to schedule such employee for 

24 any given month; and 
4 

†S 1422 ES

1 ‘‘(II) for an employee described 

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

3 the number of hours for which an em4 ployer has agreed to pay such em5 ployee on reserve status for any given 

6 month, 

7 as established in the applicable collective 

8 bargaining agreement or, if none exists, in 

9 the employer’s policies.’’. 

10 (b) CALCULATION OF LEAVE FOR AIRLINE FLIGHT

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

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

13 at the end the following: 

14 ‘‘(5) CALCULATION OF LEAVE FOR AIRLINE

15 FLIGHT CREWS.—The Secretary may provide, by 

16 regulation, a method for calculating the leave de17 scribed in paragraph (1) with respect to employees 

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

Passed the Senate November 10, 2009. 

Attest: 

Secretary. 

111TH CONGRESS 

1ST SESSION S. 1422 

AN ACT 

To amend the Family and Medical Leave Act of 

respect to airline flight crews. 1993 to clarify the eligibility requirements with