IIB 

111TH CONGRESS 

1ST SESSION H. R. 912 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 10, 2009 

Received, read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

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, 


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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 be eligible if— 

19 ‘‘(I) the employee has worked or 

20 been paid for 60 percent of the appli21 cable monthly guarantee, or the equiv22 alent annualized over the preceding 

23 12-month period; and 

24 ‘‘(II) the employee has worked or 

25 been paid for a minimum of 504 


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HR 912 RFS

1 hours during the preceding 12-month 

2 period. 

3 ‘‘(ii) DEFINITION.—As used in this 

4 subparagraph, the term ‘applicable month5 ly guarantee’ means— 

6 ‘‘(I) for employees described in 

7 clause (i) other than employees on re8 serve status, the minimum number of 

9 hours for which an employer has 

10 agreed to schedule such employees for 

11 any given month; and 

12 ‘‘(II) for employees described in 

13 clause (i) who are on reserve status, 

14 the number of hours for which an em15 ployer has agreed to pay such employ16 ees on reserve status for any given 

17 month, 

18 as established in the collective bargaining 

19 agreement, or if none exists in the employ20 er’s policies. Each employer of an employee 

21 described in clause (i) shall maintain on 

22 file with the Secretary (in accordance with 

23 regulations the Secretary may prescribe) 

24 the applicable monthly guarantee with reVerDate Nov 24 2008 01:43 Feb 11, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H912.RFS H912

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1 spect to each category of employee to 

2 which such guarantee applies.’’. 

3 (b) CALCULATION OF LEAVE FOR AIRLINE FLIGHT

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

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

6 at the end the following: 

7 ‘‘(5) CALCULATION OF LEAVE FOR AIRLINE

8 FLIGHT CREWS.—The Secretary may provide, by 

9 regulation, a method for calculating the leave de10 scribed in paragraph (1) with respect to employees 

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

Passed the House of Representatives February 9, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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