I 

111TH CONGRESS 

2D SESSION H. R. 5944 

To amend the Family and Medical Leave Act of 1993 to clarify the eligibility 

requirements with respect to railroad Hours of Service employees. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2010 

Mr. BISHOP of New York (for himself, Mr. LATOURETTE, Mr. CRITZ, and Mr. 

FILNER) introduced the following bill; which was referred to the Committee on Education and Labor 

A BILL 

To amend the Family and Medical Leave Act of 1993 to 

clarify the eligibility requirements with respect to railroad Hours of Service employees. 

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 ‘‘Railroad Hours of 

5 Service Employees Technical Corrections Act’’. 

6 SEC. 2. LEAVE REQUIREMENT FOR RAILROAD HOURS OF 

7 SERVICE EMPLOYEES. 

8 (a) INCLUSION OF RAILROAD HOURS OF SERVICE

9 EMPLOYEES.—Section 101(2) of the Family and Medical 


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1 Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by 

2 adding at the end the following: 

3 ‘‘(E) RAILROAD HOURS OF SERVICE EM4 PLOYEES.— 

5 ‘‘(i) DETERMINATION.—For purposes 

6 of determining whether a railroad employee 

7 who is subject to the hours of service laws 

8 under chapter 211 of title 49, United 

9 States Code, meets the hours of service re10 quirement specified in subparagraph 

11 (A)(ii), the employee will be considered to 

12 meet the requirement if— 

13 ‘‘(I) the employee has worked or 

14 been paid for not less than 60 percent 

15 of the applicable total guarantee, or 

16 the equivalent, for the previous 12- 

17 month period, for or by the employer 

18 with respect to whom leave is re19 quested under section 102; and 

20 ‘‘(II) the employee has worked or 

21 been paid for not less than 504 hours 

22 (not counting personal commute time 

23 or time spent on vacation leave or 

24 medical or sick leave) during the preVerDate Mar 15 2010 23:48 Jul 30, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5944.IH H5944

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1 vious 12-month period, for or by that 

2 employer. 

3 ‘‘(ii) FILE.—Each employer of an em4 ployee described in clause (i) shall main5 tain on file with the Secretary (in accord6 ance with such regulations as the Sec7 retary may prescribe) information speci8 fying the applicable guarantee with respect 

9 to each category of employee to which such 

10 guarantee applies. 

11 ‘‘(iii) DEFINITION.—In this subpara12 graph, the term ‘applicable guarantee’ 

13 means— 

14 ‘‘(I) for an employee described in 

15 clause (i) other than an employee on 

16 reserve status, the minimum number 

17 of hours for which an employer has 

18 agreed to schedule such employee for 

19 any given period; and 

20 ‘‘(II) for an employee described 

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

22 the number of hours for which an em23 ployer has agreed to pay such em24 ployee on reserve status for any given 

25 period, 


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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 RAILROAD HOURS

5 OF SERVICE EMPLOYEES.—Section 102(a) of the Family 

6 and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is 

7 amended by adding at the end the following: 

8 ‘‘(5) CALCULATION OF LEAVE FOR RAILROAD

9 HOURS OF SERVICE EMPLOYEES.—The Secretary 

10 may provide, by regulation, a method for calculating 

11 the leave described in paragraph (1) with respect to 

12 employees described in section 101(2)(E).’’. 

Æ 


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