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 Com-
mittee on Education and Labor 
A BILL 
To amend the Family and Medical Leave Act of 1993 to 
clarify the eligibility requirements with respect to rail-
road Hours of Service employees. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Railroad Hours of 
Service Employees Technical Corrections Act’’. 
SEC. 2. LEAVE REQUIREMENT FOR RAILROAD HOURS OF 
SERVICE EMPLOYEES. 
(a) INCLUSION OF RAILROAD HOURS OF SERVICE 
EMPLOYEES.—Section 101(2) of the Family and Medical 
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Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by 
adding at the end the following: 
‘‘(E) RAILROAD HOURS OF SERVICE EM-
PLOYEES.— 
‘‘(i) DETERMINATION.—For purposes 
of determining whether a railroad employee 
who is subject to the hours of service laws 
under chapter 211 of title 49, United 
States Code, meets the hours of service re-
quirement 
specified 
in 
subparagraph 
(A)(ii), the employee will be considered to 
meet the requirement if— 
‘‘(I) the employee has worked or 
been paid for not less than 60 percent 
of the applicable total guarantee, or 
the equivalent, for the previous 12- 
month period, for or by the employer 
with respect to whom leave is re-
quested under section 102; and 
‘‘(II) the employee has worked or 
been paid for not less than 504 hours 
(not counting personal commute time 
or time spent on vacation leave or 
medical or sick leave) during the pre-
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vious 12-month period, for or by that 
employer. 
‘‘(ii) FILE.—Each employer of an em-
ployee described in clause (i) shall main-
tain on file with the Secretary (in accord-
ance with such regulations as the Sec-
retary may prescribe) information speci-
fying the applicable guarantee with respect 
to each category of employee to which such 
guarantee applies. 
‘‘(iii) DEFINITION.—In this subpara-
graph, the term ‘applicable guarantee’ 
means— 
‘‘(I) for an employee described in 
clause (i) other than an employee on 
reserve status, the minimum number 
of hours for which an employer has 
agreed to schedule such employee for 
any given period; and 
‘‘(II) for an employee described 
in clause (i) who is on reserve status, 
the number of hours for which an em-
ployer has agreed to pay such em-
ployee on reserve status for any given 
period, 
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as established in the applicable collective 
bargaining agreement or, if none exists, in 
the employer’s policies.’’. 
(b) CALCULATION OF LEAVE FOR RAILROAD HOURS 
OF SERVICE EMPLOYEES.—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 RAILROAD 
HOURS
OF
SERVICE
EMPLOYEES.—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)(E).’’. 
Æ 
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