123STA T . 3 476PUBLIC LA W 111 – 11 9—DE C. 21 , 2 0 09 PublicLaw1 11 – 11 9 111 thCongres s A n Act Toamendth e F am ily and M edi c al L ea v e A cto f19 9 3 to cla r ify the eli g i b ility re qu irement sw ith res p ect to airline flight crews .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E. ThisActmaybe cite d as the ‘ ‘Ai rl i n e F li g ht C re w Technical C o rrections Act ’ ’ . SEC. 2 .LE AV ERE QU IRE M ENT F OR AIRLINE FLI G HT CRE W S. ( a )INCLUSIO NO F AI R LIN E FLI GHT CRE W S. —S ection 10 1( 2 )o f the Family and M edical L ea v eActof1 9 9 3 (29 U .S.C. 2 6 11(2)) is amended by adding at the end the following
‘‘( D ) AIRLINE FLIGHT CREWS.— ‘‘(i) DETER M IN A TION.—For pu rposes of determining whether an employee who is a flight attendant or flight crewmember (as such terms are defined in regu - lations of the Federal Aviation Administration) meets the hours of service re q uirement specified in subpara- graph (A)(ii) , the employee will be considered to meet the requirement if— ‘‘(I) the employee has wor k ed or been paid for not less than 60 percent of the applicable total monthly guarantee, or the equivalent, for the pre- vious 12-month period, for or by 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 5 0 4 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.— E ach 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 speci- fying 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 29USC 2 601note.Airl ine F li gh t Cre wT e c hnic a l Correction s Act. D ec. 21 , 2009 [ S.1 4 22 ]
