Statements on Introduced Bills and Joint Resolutions
Floor Speech
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS -- (Senate - July 09, 2009)
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By Mrs. MURRAY (for herself, Mr. Webb, Mr. Dood, Ms. Murkowski, Ms. Collins, and Mr. Bond):
S. 1422. A bill to amend the Family and Medical Leave Act of 1993 to clarify the eligibility requirements with respect to airline flight crews; to the Committee on Health, Education, Labor, and Pensions.
Mrs. MURRAY. Mr. President, I ask unanimous consent that the following colloquy be printed in the RECORD.
There being no objection, the material was ordered to be printed in the RECORD, as follows:
Flight Crew Technical Corrections Act
Mr. ENZI. Mr. 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, FLMA. The FMLA eligibility calculation does not include paid vacation, sick, medical or personal leave unless otherwise agreed to in a collective bargaining agreement 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 FLMA'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 mentions the FLMA'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 you both utilized while drafting this legislation. As you know 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, you have done an admirable job of vetting the legislation with most stakeholders and produced a better product.
Mrs. MURRAY. Mr. President, I ask unanimous consent that the text of the bill be printed in the RECORD.
There being no objection, the text of the bill was ordered to be printed in the RECORD, as follows:
S. 1422
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