Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 912) to amend the Family and Medical Leave Act of 1993 to clarify the eligibility requirements with respect to airline flight crews. Mr. Speaker, I request 5 legislative days…
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 912) to amend the Family and Medical Leave Act of 1993 to clarify the eligibility requirements with respect to airline flight crews.
Mr. Speaker, I request 5 legislative days during which Members may revise and extend and insert extraneous material on H.R. 912 into the Record.
Mr. Speaker, I yield myself as much time as I may consume.
Mr. Speaker, I want to start by thanking Chairman Miller for supporting this bill and for helping to bring it to the floor so quickly. I would also like to thank Representative McCotter for being the lead Republican cosponsor of the bill, as well as my colleagues who have cosponsored this bill. In the 110th Congress, this bill passed by an overwhelming majority, 409-2. This legislation submitted today is identical to the measure that passed in the 110th Congress, and I hope it
once again receives the strong support it did in the last Congress.
H.R. 912 simply states that an airline crew member will be eligible for Family Medical Leave Act benefits if they have been paid for or completed 60 percent of their company's monthly hour or trip guarantee and have worked 504 hours.
The Family Medical Leave Act, or FMLA, has been a great program for working families in this country since it was passed in 1993. No one can question the benefit it has provided for working men and women by being able to take time off from work to care for themselves or for their family members.
The intent of the law was to provide for 12 weeks of unpaid leave if an employee had worked 60 percent of a full-time schedule over the past year, which equates to about 1,250 hours per year. Therefore, in order to qualify for FMLA coverage, an employee has to have logged in at least 1,250 hours over a 12-month period to be eligible.
While 1,250 hours adequately reflects 60 percent of a normal full- time schedule for the vast majority of employees in this country, that equation does not work for flight attendants and pilots. Flight attendants and pilots work under the Railway Labor Act rather than the Fair Labor Standards Act, which covers most 9:00 to 5:00 workers.
Time between flights, whether during the day or on overnight/ layovers, is based on company scheduling requirements and needs but does not count towards crew member time at work. Flight attendants and pilots can spend up to 4 to 5 days a week away from home and family due to the nature of their job; however, all of these hours will not count towards qualification.
The courts have strictly interpreted the law and insisted that crew members must abide by the 1,250 hours for qualification, even though the intent of the law was to work 60 percent of a full-time schedule.
Thus, airline flight crews have been left out of what was once a legislation that was intended to cover them. Therefore, a technical correction is needed to ensure that FMLA benefits are extended to these employees. This legislation seeks to clarify the original intent of the law.
This legislation brings these transportation workers in line with the intent of the original legislation and as promised when the law was passed.
Last year, during a committee hearing, we heard from Jennifer Hunt, a flight attendant for U.S. Airways. Jennifer was denied FMLA benefits when she applied to take time off to care for her ill husband, an Iraq War vet. Jennifer, unfortunately, like many other flight attendants and pilots as well, did not meet the hourly requirements and, thus, was denied coverage.
Again, I thank the chairman for his support in bringing this legislation to the floor, and I urge the support of my colleagues.
I reserve the balance of my time.
Does the gentleman from Kentucky have any further speakers?
Mr. Speaker, I continue to reserve.
Mr. Speaker, in closing, let me just say that the extent to which the two sides cooperated on this bill I think serves as a model for the way that legislation can go forward in this Chamber. We worked together very cooperatively both at the staff level and at the member level to work out issues that existed that were sources of concern to various members. We were able to do that. And as I say, in the last Congress, we only had two dissenting votes.
I am hopeful that we will have similar support in this Congress, and I am also very hopeful that this measure, which last Congress was stalled in the Senate, this year will receive a somewhat better fate in the Senate so that we can act to correct this very narrow omission, if you will, in what is an otherwise very good law.
With that, Mr. Speaker, I urge the support of my colleagues.
I yield back the balance of my time.