C.F.R. » Title 29 » CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER C—OTHER LAWS › PART 825—THE FAMILY AND MEDICAL LEAVE ACT OF 1993 › Subpart H—Special Rules Applicable to Airline Flight Crew Employees

29 C.F.R. § 825.800

Special rules for airline flight crew employees, general

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(a) Certain special rules apply only to airline flight crew employees as defined in § 825.102. These special rules affect the hours of service requirement for determining the eligibility of airline flight crew employees, the calculation of leave for those employees, and the recordkeeping requirements for employers of those employees, and are issued pursuant to the Airline Flight Crew Technical Corrections Act (AFCTCA), Public Law 111-119.

(b) Except as otherwise provided in this subpart, FMLA leave for airline flight crew employees is subject to the requirements of the FMLA as set forth in Part 825, Subparts A through E, and G.

Notes of Decisions
Cited in 23 cases (1 in the last 5 years), 1996–2024 · leading case: Jeffrey Bonkowski v. Oberg Indus. Inc, 787 F.3d 190 (3rd Cir. 2015).
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Jeffrey Bonkowski v. Oberg Indus. Inc, 787 F.3d 190 (3rd Cir. 2015). · cites it 6× “In turn, the interim version of the “Definitions” regulation ( 29 C.F.R. § 825.800 ) incorporated this identical language (and also defined the terms “continuing treatment”).”
Tate v. Farmland Indus., Inc., 268 F.3d 989 (10th Cir. 2001). · cites it 2× “…work is a required showing for someone who contends he or she is undergoing continuing treatment for an illness. See 29 C.F.R. 825.800.”
Hurlbert Ex Rel. Est. of Hurlbert v. St. Mary's Health Care Sys., Inc., 439 F.3d 1286 (11th Cir. 2006). “The foregoing language also appears as part of the definition of "continuing treatment” in 29 C.F.R. § 825.800 , which contains various definitions applicable to Part 825 of Title 29.”
Dudley v. Dep't of Transp., 2001 Cal. Daily Op. Serv. 5529 (Cal. Ct. App. 2001). “” ( 29 C.F.R. § 825.800 (2000).) The regulations define a “chronic serious health condition” as one which “[(1)] Requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider; [^] [(2)]…”
Lynn Hoffman v. Prof'l Med Team, a Michigan Corp., 394 F.3d 414 (6th Cir. 2005). “§§ 2612 (a)(1), 2611(9); 29 C.F.R. §§ 825.800 , 825.203(a). In order to receive leave, an employee is not required to invoke the FMLA expressly; however, she must give her employer notice of the request for leave, “stat[ing] a qualifying reason for the needed leave.”
Johnson v. Cmty. Coll. of Allegheny Cnty., 566 F. Supp. 2d 405 (W.D. Pa. 2008). “” 29 C.F.R. § 825.800 . B. FMLA Interference claim Under the FMLA, “it shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this subchapter.”
Mascioli v. Arby's Restaurant Grp., Inc., 610 F. Supp. 2d 419 (W.D. Pa. 2009). “” 29 C.F.R. § 825.800 . B. FMLA Interference Claim (count one) In count one of her complaint, plaintiff alleges that defendant interfered with her FMLA benefits by (1) terminating her employment to prevent her from taking FMLA-protected leave, (2) failing to inform her of her…”
Sabbrese v. Lowe's Home Centers, Inc., 320 F. Supp. 2d 311 (W.D. Pa. 2010). “” 29 C.F.R. § 825.800 . All FMLA leave, whether intermittent or not, falls into two categories: foreseeable intermittent leave and unforeseeable intermittent leave.”
Harcourt v. Cincinnati Bell Tel. Co., 383 F. Supp. 2d 944 (S.D. Ohio 2005). “29 C.F.R. § 825.800 (3)(i). It is not unreasonable to assume that in the course of these periodic treatments a healthcare provider will advise the employee that leave is no longer needed because his or her condition has improved.”
Coker v. McFaul, 247 F. App'x 609 (6th Cir. 2007). “§§ 2612 (a)(1), 2611(9); 29 C.F.R. §§ 825.800 , 825.203(a)). The regulations accompanying the FMLA provide employers with a list of options for how to determine the 12-month period in which the 12 weeks of leave entitlement occurs.”
Hair v. Fayette Cnty., 265 F. Supp. 3d 544 (W.D. Pa. 2017). “” 29 C.F.R. § 825.800 . Three provisions collectively form, the basis of liability under FMLA.”
Hoffman v. Prof'l Med Team, 270 F. Supp. 2d 954 (W.D. Mich. 2003). · cites it 2× “29 C.F.R. § 825.800 (defining “intermittent leave”).”
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