II 

114TH CONGRESS 

2D SESSION S. 3444 

To clarify the hours of service requirements for education support 

professionals. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 28, 2016 

Mr. KIRK introduced the following bill; which was read twice and referred to 

the Committee on Health, Education, Labor, and Pensions 

A BILL 

To clarify the hours of service requirements for education 

support professionals. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Education Support 

5 Professional Family Medical Leave Act’’. 

6 SEC. 2. DEFINITIONS. 

7 Section 101(2) of the Family and Medical Leave Act 

8 of 1993 (29 U.S.C. 2611(2)) is amended by adding at the 

9 end the following: 


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•S 3444 IS

1 ‘‘(E) EDUCATION SUPPORT PROFES2 SIONALS.— 

3 ‘‘(i) DETERMINATION.—For purposes 

4 of determining whether an employee who is 

5 an education support professional meets 

6 the hours of service requirement specified 

7 in subparagraph (A)(ii), the employee will 

8 be considered to meet the requirement if 

9 the employee has worked, during the pre10 vious 12-month period specified in that 

11 subparagraph, not less than an average 

12 of— 

13 ‘‘(I) 60 hours a month, for the 

14 employer with respect to whom leave 

15 is requested under section 102; or 

16 ‘‘(II) 60 percent of the applicable 

17 total monthly hours expected for the 

18 employee’s job description and duties 

19 (as assigned for the school year pre20 ceding the school year during which 

21 the hours of service are calculated), 

22 per month for that employer. 

23 ‘‘(ii) DEFINITIONS.—In this subpara24 graph: 


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•S 3444 IS

1 ‘‘(I) EDUCATION SUPPORT PRO2 FESSIONAL.—The term ‘education 

3 support professional’ means an em4 ployee, of a public elementary or sec5 ondary school or public institution of 

6 higher education, that may include— 

7 ‘‘(aa) a paraeducator that 

8 provides instructional or non9 instructional support; and 

10 ‘‘(bb) a member of the sec11 retarial, clerical, or administra12 tive support staff. 

13 ‘‘(II) PUBLIC ELEMENTARY OR

14 SECONDARY SCHOOL.—The term ‘pub15 lic elementary or secondary school’ 

16 means a public school that is an ele17 mentary school or secondary school 

18 under section 8101 of the Elementary 

19 and Secondary Education Act of 1965 

20 (20 U.S.C. 7801). 

21 ‘‘(III) PUBLIC INSTITUTION OF

22 HIGHER EDUCATION.—The term ‘pub23 lic institution of higher education’ 

24 means an institution of higher edu25 cation (as defined in section 101 of 


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•S 3444 IS

1 the Higher Education Act of 1965 (20 

2 U.S.C. 1001)) whose funding comes 

3 at least partly from State taxpayers.’’. 

4 SEC. 3. CALCULATION OF LEAVE. 

5 Section 102(a) of the Family and Medical Leave Act 

6 of 1993 (29 U.S.C. 2612(a)) is amended by adding at the 

7 end the following: 

8 ‘‘(6) CALCULATION OF LEAVE FOR EDUCATION

9 SUPPORT PROFESSIONALS.—The Secretary may pro10 vide a method for calculating the leave described in 

11 paragraph (1) with respect to employees described in 

12 section 101(2)(E).’’. 

Æ 


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