Special Rules for Airline Flight Crew Employees
On December 21, 2009, the President signed into law the Airline Flight Crew Technical Corrections Act, Public Law 111-119, amending sections 101(2) and 102(a) of the Family and Medical Leave Act (FMLA). This amendment to the FMLA:
Airline flight attendants and flight crewmembers continue to be subject to the FMLA’s other eligibility requirements. (See § 825.110)
HOURS OF SERVICE REQUIREMENT (See § 825.801)
An airline flight attendant or flight crewmember (“airline flight crew employee”) meets the hours of service requirement depending on the number of hours the employee has worked or been paid for over the previous 12 months.
An airline flight crew employee will meet the hours of service requirement during the previous 12-month period if he or she has:
Applicable Monthly Guarantee
504 Hours Worked or Paid
CALCULATION OF LEAVE (See § 825.802)
An eligible airline flight crew employee is entitled to 72 days of FMLA leave during any 12-month period for one, or more, of the following FMLA-qualifying reasons:
An eligible airline flight crew employee is entitled to 156 days of military caregiver leave during a single 12-month period to care for a covered servicemember with a serious injury or illness.
This entitlement is based on a uniform six-day workweek for all airline flight crew employees, regardless of time actually worked or paid for, multiplied by the statutory 12-workweek (or 26-workweek for military caregiver leave) entitlement for FMLA leave. For example, if an airline flight crew employee took six weeks of leave for an FMLA-qualifying reason, the employee would use 36 days (six days x six weeks) of the employee’s 72-day entitlement.
When an airline flight crew employee takes FMLA leave on an intermittent or reduced schedule basis, the employer must account for the leave with an increment no greater than one day. For example, if an airline flight crew employee needs to take MFLA leave for a two-hour physical therapy appointment, the employer may require the employee to use a full day of FMLA leave. The entire amount of leave actually taken (in this example, one day) is designated as FMLA leave and counts against the employee’s FMLA entitlement.
See Fact Sheet 28J – Special Rules for Airline Flight Crew Employees under the Family and Medical Leave Act for additional information regarding FMLA and airline flight crew employees.
RECORDKEEPING REQUIREMENTS (See § 825.803)
Employers of airline flight crew employees must comply with the recordkeeping requirements that all covered employers must follow. (See § 825.500) They must also maintain records and documents containing information specifying the applicable monthly guarantee, including copies of any relevant collective bargaining agreements or employer policy documents, and records of hours worked and hours paid.
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