Bill Would Amend FLSA Hours of Service Requirements for Railroad Employees

On July 29, Rep. Timothy Bishop (D-NY) introduced a bill that would enable more railway workers to take leave under the Family and Medical Leave Act (FMLA). The Railroad Hours of Service Employees Technical Corrections Act (H.R. 5944) would amend the FLSA by adding a section clarifying that railroad employees subject to hours of service laws would meet the FLSA’s leave eligibility requirements if they:

  • have 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
  • have 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.

In December 2009, President Obama signed into law the Airline Flight Crew Technical Corrections Act (P.L. 111-119), a nearly-identical measure that clarified the hours of service requirements for pilots and flight attendants whose unconventional work schedules often failed to qualify them for FMLA leave.

The Railroad Hours of Service Employees Technical Corrections Act has been referred to the House Committee on Education and Labor.

Photo credit: Darren Hester

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.