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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 912 Referred in Senate (RFS)]

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.

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

SECTION 1. 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 be 
                        eligible if--
                                    ``(I) the employee has worked or 
                                been paid for 60 percent of the 
                                applicable monthly guarantee, or the 
                                equivalent annualized over the 
                                preceding 12-month period; and
                                    ``(II) the employee has worked or 
                                been paid for a minimum of 504 hours 
                                during the preceding 12-month period.
                            ``(ii) Definition.--As used in this 
                        subparagraph, the term `applicable monthly 
                        guarantee' means--
                                    ``(I) for employees described in 
                                clause (i) other than employees on 
                                reserve status, the minimum number of 
                                hours for which an employer has agreed 
                                to schedule such employees for any 
                                given month; and
                                    ``(II) for employees described in 
                                clause (i) who are on reserve status, 
                                the number of hours for which an 
                                employer has agreed to pay such 
                                employees on reserve status for any 
                                given month,
                        as established in the collective bargaining 
                        agreement, or if none exists in the employer's 
                        policies. Each employer of an employee 
                        described in clause (i) shall maintain on file 
                        with the Secretary (in accordance with 
                        regulations the Secretary may prescribe) the 
                        applicable monthly guarantee with respect to 
                        each category of employee to which such 
                        guarantee applies.''.
    (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).''.

            Passed the House of Representatives February 9, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```