[Pages S11353-S11354]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

AIRLINE FLIGHT CREW TECHNICAL CORRECTIONS ACT

Mr. REID. Madam President, I ask unanimous consent that the HELP
Committee be discharged from further consideration of S. 1422 and the
Senate proceed to its consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the bill by title.
The assistant legislative clerk read as follows:

A bill (S. 1422) to amend the Family and Medical Leave Act
of 1993 to clarify the eligibility requirements with respect
to airline flight crews.

There being no objection, the Senate proceeded to consider the bill.
Mr. ENZI. Madam President, I would like to engage my friend, the
Senator from Washington and the chairman of the Subcommittee on
Employment and Workplace Safety, with whom I have been pleased to work
on many initiatives on behalf of America's workforce, in a conversation
about the bill she has just introduced. I would like to take this
opportunity to clarify the treatment of workers contained in the Flight
Crew Technical Corrections Act before us today that pertains to flight
crews. Is it the Senator's understanding that her legislation resolves
a problem unique to flight crews--meaning flight attendants and
pilots--and that no other group of workers is addressed under this
bill?
Mrs. MURRAY. Yes, the Senator is correct. This bill is narrowly
constructed to address the unique situation faced by flight attendants
and pilots in the calculation of the hours they need to qualify for
leave under the Family Medical Leave Act, FMLA. I understand that the
FMLA eligibility calculation does not include paid vacation, sick,
medical or personal leave unless otherwise agreed to in a collective
bargaining agreements or the employers manual. This bill reflects the
intent of the FMLA's original sponsors to provide an alternative way to
include flight crews that addresses the airline industry's unique time-
keeping methods. I am proud that the Flight Crew Technical Corrections
Act fixes a technical problem that has left many full-time flight crew
members ineligible for family medical leave for many years due to the
unique way their work hours are calculated.
Mr. ENZI. In other words, is it the Senator's understanding that the
bill should not be construed to apply to other occupational groups that
operate under reserve systems such as health care, railway, and
emergency services to seek similar treatment?
Mrs. MURRAY. Correct, this bill narrowly deals with flight crews
only. The bill is a technical correction for language that was intended
to be in the original Family Medical Leave Act, but for some reason or
another was left out. Flight crews were specifically mentioned in the
FMLA's legislative history. Thus, I believe that the correction is
clearly appropriate for flight crews. If other groups were to attempt
an adjustment in their FMLA eligibility requirements, I suggest that
their situation and the ramifications of such an adjustment would need
to be examined on a case by case basis.
Mr. ENZI. The Senator mentioned the FMLA's legislative history. Is it
the Senator's further understanding that this is the only group of
employees which was intended to be included with an alternative
eligibility standard?
Mrs. MURRAY. The Senator is correct. The original authors stated that
they did not intend to exclude flight crews in unique circumstances
from the bill's protection simply because of the airline industry's
``unusual time keeping methods.'' They believed that these workers--
flight attendants and pilots--were entitled to family and medical leave
under the law based upon the situation they specifically faced.
This legislation received overwhelming bipartisan support in the
House of Representatives. I am pleased to present it in the Senate with
bipartisan support. This language was drafted through a process that
included representatives from large and small airline carriers and
carrier associations, and organized labor. I need to recognize the work
that Senator Clinton did on this bill when she introduced its precursor
in the 110th Congress.
Mr. ENZI. I would like to thank the Senator from Washington and the
former Senator from New York for the deliberative process they both
utilized while drafting this legislation. As the Senator knows, I am a
frequent advocate for following Senate committee process so as to
create the opportunity for all affected stakeholders to be included in
the process. In this case, the Senator has done an admirable job of
vetting the legislation with most stakeholders and produced a better
product.
Mr. REID. Madam President, I ask unanimous consent that a Murray
amendment, which is at the desk, be agreed to; the bill, as amended, be
read a third time and passed; the motions to reconsider be laid upon
the table, with no intervening action or debate; and any statements
relating to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 2780) was agreed to, as follows:

(Purpose: To clarify a requirement concerning hours of service)

On page 2, line 22, insert after ``counting'' the following
``personal commute time or''.

The bill (S. 1422), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed, as follows:

S. 1422

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 meet the requirement if--

``(I) the employee has worked or been paid for not less
than 60 percent of the applicable total monthly guarantee, or
the equivalent, for the previous 12-month period, for or by

[[Page S11354]]

the employer with respect to whom leave is requested 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
previous 12-month period, for or by that employer.

``(ii) File.--Each employer of an employee described in
clause (i) shall maintain on file with the Secretary (in
accordance with such regulations as the Secretary may
prescribe) containing information specifying the applicable
monthly guarantee with respect to each category of employee
to which such guarantee applies.
``(iii) Definition.--In this subparagraph, the term
`applicable monthly 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 month; and
``(II) for an employee described in clause (i) who is on
reserve status, the number of hours for which an employer has
agreed to pay such employee on reserve status for any given
month,

as established in the applicable collective bargaining
agreement or, if none exists, in the employer's policies.''.
(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).''.

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