Railroad Hours of Service Employees Technical Corrections Act - Amends the Family and Medical Leave Act (FMLA) of 1993 to consider that a railroad employee, subject to hours of service under federal law, meets the hours of service eligibility requirement under FMLA if: (1) the employee has worked for or been paid for at least 60% of the applicable total guarantee, or the equivalent, for the previous 12-month period, by the employer with respect to whom FMLA leave is requested; and (2) the employee has worked for or been paid by that employer for at least 504 hours (not counting personal commute time or time spent on vacation leave or medical or sick leave) during such period.
Defines "applicable guarantee" for an employee, as established in the applicable collective bargaining agreement or, if none exists, in the employer's policies as: (1) the minimum number of hours for which an employer has agreed to schedule a nonreserve status employee for any given period; and (2) the number of hours for which an employer has agreed to pay a reserve status employee for any given period.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5122 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5122
To amend the Family and Medical Leave Act of 1993 to clarify the
eligibility requirements with respect to railroad Hours of Service
employees.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 16, 2014
Mr. Bishop of New York introduced the following bill; which was
referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Family and Medical Leave Act of 1993 to clarify the
eligibility requirements with respect to railroad Hours of Service
employees.
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 ``Railroad Hours of Service Employees
Technical Corrections Act''.
SEC. 2. LEAVE REQUIREMENT FOR RAILROAD HOURS OF SERVICE EMPLOYEES.
(a) Inclusion of Railroad Hours of Service Employees.--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:
``(E) Railroad hours of service employees.--
``(i) Determination.--For purposes of
determining whether a railroad employee who is
subject to the hours of service laws under
chapter 211 of title 49, United States Code,
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 guarantee, or
the equivalent, for the previous 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 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)
information specifying the applicable guarantee
with respect to each category of employee to
which such guarantee applies.
``(iii) Definition.--In this subparagraph,
the term `applicable 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
period; 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 period,
as established in the applicable collective
bargaining agreement or, if none exists, in the
employer's policies.''.
(b) Calculation of Leave for Railroad Hours of Service Employees.--
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 railroad hours of service
employees.--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)(E).''.
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Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Workforce Protections.
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