H.R. --: Airline Flight Crew Technical Corrections Act

H.R. --

Airline Flight Crew Technical Corrections Act

Rep. Timothy H. Bishop

February 10, 2009 (111th Congress, 1st Session)

Staff Contact
Sarah Makin

Floor Situation

H.R. XX is being considered on the floor under suspension of the rules, requiring a two-thirds majority vote for passage.  This legislation was introduced by Representative Tim Bishop (D-NY) on February XX, 2009.  The bill was referred to the House Committee on Education and Labor, but was never considered. 



Bill Summary

H.R. XX establishes benchmarks to be used in determining whether an employee who is a member of a flight crew meets the hourly employment requirements to qualify for paid family and medical leave under the Family and Medical Leave Act (FMLA).  Many airline employees have concerns that the hours accumulated while "on-call" and in uniform have not been counted toward their FMLA eligibility.  H.R. XX states that eligible flight crew members are those who have worked or been paid for 60 percent of their employer's monthly hour or trip guarantee, or the equivalent annualized over the preceding 12-month period.  




The Family and Medical Leave Act requires certain employers to grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12 month period for certain reasons.  Reasons for granting leave listed in the Act include the birth and care of a newborn child of the employee, medical leave taken by the employee due to a serious health condition that renders them unable to work.  U.S. Department of Labor - Family and Medical Leave Act website.

On May 20, 2008, the House passed identical legislation, H.R. 2744, under suspension of the rules by a vote of 402-9.  




A CBO cost estimate is not yet available, but last Congress, CBO estimated that H.R. 2744 would have no significant impact on the federal budget.  CBO estimates that the direct cost of the already existing private-sector mandate would be below the threshold established by the Unfunded Mandates Reform Act (UMRA) for private sector mandates.