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. § 825.802

Special rules for airline flight crew employees, calculation of leave

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(a) Amount of leave. (1) 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 FMLA-qualifying reasons set forth in §§ 825.112(a)(1)-(5). This entitlement is based on a uniform six-day workweek for all airline flight crew employees, regardless of time actually worked or paid, multiplied by the statutory 12-workweek entitlement for FMLA leave. For example, if an employee took six weeks of leave for an FMLA-qualifying reason, the employee would use 36 days (6 days × 6 weeks) of the employee's 72-day entitlement.

(2) 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 under § 825.112(a)(6). This entitlement is based on a uniform six-day workweek for all airline flight crew employees, regardless of time actually worked or paid, multiplied by the statutory 26-workweek entitlement for military caregiver leave.

(b) Increments of FMLA leave for intermittent or reduced schedule leave. When an airline flight crew employee takes FMLA leave on an intermittent or reduced schedule basis, the employer must account for the leave using an increment no greater than one day. For example, if an airline flight crew employee needs to take FMLA 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.

(c) Application of § 825.205. The rules governing calculation of intermittent or reduced schedule FMLA leave set forth in § 825.205 do not apply to airline flight crew employees except that airline flight crew employees are subject to § 825.205(a)(2), the physical impossibility provision.

Notes of Decisions
Cited in 7 cases, 2000–2012 · leading case: Terry Sanders v. May Department Stores Company
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Terry Sanders v. May Department Stores Company (2003) ca8 · cites it 2× “” 29 C.F.R. § 825.802 (c). While the employee does not have to mention FMLA by name, the employee has an affirmative duty to indicate both the need and the reason for the leave.”
June Cruz v. Publix Super Markets, Inc. (2005) ca11 “29 C.F.R. §§ 825.802 (c), 825.303(b). However, the notice must be “sufficient to make the employer aware that the employee needs FMLA-qualifying leave, and the anticipated timing and duration of the leave.”
Wilson v. Lemington Home for the Aged (2001) pawd “29 C.F.R. § 825.802 (b)(1) and (2). Said notice must be given within one or two business days after notice of the need for leave is given.”
Greer v. Cleveland Clinic Health System-East Region (2012) ca6 “29 C.F.R. § 825.802 (c). Under the Clinic’s FMLA policy, medical certification is necessary before leave will be granted.”
DeLong v. Trujillo (2000) coloctapp · cites it 2× “She stated that, pursuant to 29 C.F.R. § 825.802 (d), the department "may have been entitled to require that [defendant] follow usual and customary requirements for requesting leave, such as calling in daily.”
Briones v. Genuine Parts Co. (2002) laed “(citing 29 C.F.R. § 825.802 (c)). Department of Labor regulations place the burden on the employer to clarify an employee’s request when unclear and to inquire further to obtain the necessary information to determine whether the requested absence would be FMLA-qualifying leave.”
Aubuchon v. Knauf Fiberglass, GMBH (2003) insd “Federal regulations, specifically 29 CFR § 825.802 (a), provide for two kinds of notice: notice of a foreseeable leave; and notice of a leave that is not foreseeable (which we will refer to as “exigent leave” or leave under “exigent circumstances”).”
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