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ESARulemakingESA-2008-0001

Family and Medical Leave Act Notice of Proposed Rulemaking 29 CFR Part 825

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Air Line Pilots Association, Int'l filings
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Air Line Pilots Association, Int'l filed 1 comment on this docket between Apr 27, 2008 and Apr 27, 2008. 353 other organizations filed here. The comment window closed 6682d ago.

What Air Line Pilots Association, Int'l filed (1)

Apr 27, 2008· Air Line Pilots Association International, Retirement and Insurance Department· ESA-2008-0001-4072

Employment Standards Administration Wage and Hour Division Department of Labor VIA ELECTRONIC SUBMISSION: www.regulations.gov Re:RIN 1215-AB35 Dear Administrator: The Air Line Pilots Association, International (ALPA), collective bargaining representative of more than 58,000 pilots who fly for 36 airlines in the United States, submits the following comments on the proposed regulations under the Family and Medical Leave Act of 1993 (FMLA), 29 CFR Part 825. ALPA appreciates and welcomes the clarifications provided by the proposed regulations, particularly as they relate to the recent expansion of the leave entitlements as provided by the National Defense Authorization Act for FY 2008. Of particular concern to our membership, however, is the issue that most flight crewmembers are not eligible for the protections of the FMLA since they cannot satisfy the requirement under §825.110(a)(2) to complete 1250 hours of service in the prior year. It is our belief that it was not the intent of Congress in enacting the FMLA to specifically exclude flight crewmembers, and we would request that the proposed regulations include equivalency methods for determining hours of service for employees who cannot meet the hours of service eligibility requirements as a matter of law. The 1250 hours of service requirement for FMLA eligibility represents 60% of a typical full-time schedule for a 40-hour-a-week employee. A comparable equivalent for flight crewmembers could be 60% of the employer's monthly hour or trip guarantee, or the equivalent, annualized over the preceding 12- month period. If you have any questions, or would like to discuss this further, please contact Marian Tashjian, Senior Employee Benefits Specialist, at (703) 689-4129, or via email to marian.tashjian@alpa.org. Sincerely, David Vance, Director Retirement and Insurance Dept.

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Abstract

The Department of Labor (DOL) proposes to revise the regulations implementing the Family and Medical Leave Act of 1993 (FMLA), based on its experience of nearly fifteen years administering the law, two previous studies of the FMLA in 1996 and 2001, several U.S. Supreme Court and lower court rulings, and public comments received in response to a Request for Information published in December 2006 on the regulations. DOL also seeks public comment on issues to be addressed in the regulations regarding military family leave under the National Defense Authorization Act for FY 2008, which amended the FMLA effective January 28, 2008, to provide leave to eligible employees of covered employers to care for injured servicemembers and because of any qualifying exigency arising out of the fact that a covered family member is on active duty or has been notified of an impending call to active duty status in support of a contingency operation. DOL is including a description of the relevant military family leave statutory provisions, a discussion of issues that have been identified, and a series of questions seeking comment on subjects and issues that may be considered in the final regulations.

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