[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 2744 Referred in Senate (RFS)]
2d Session
H. R. 2744
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 21, 2008
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 May 20, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.