ESP Family Leave Act

To establish eligibility requirements for education support professionals under the Family and Medical Leave Act of 1993, and for other purposes. 1. Short title This Act may be cited as the ESP Family Leave Act 2. Eligibility for education support professionals Section 101(2) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(2) (E) Education support professionals (i) Determination For purposes of determining whether an employee who is an education support professional meets the hours of service requirement specified in subparagraph (A)(ii), the employee will be considered to meet the requirement if the employee has worked a number of hours equal to not less than 60 percent of the applicable total monthly hours expected for the employee’s job description and duties, as assigned for the previous school year. (ii) File Each employer of an education support professional shall maintain on file with the Secretary (in accordance with such regulations as the Secretary may prescribe) information specifying the total monthly hours expected for the employee’s job description and duties for each school year. (iii) Definitions (I) Education support professional In this subparagraph, the term education support professional (aa) paraeducators that provide instructional and non-instructional support; (bb) secretarial, clerical, and administrative support staff; (cc) custodians and maintenance service workers that provide building and grounds maintenance and repair; (dd) skilled trade workers that provide services in schools, such as electricians, carpenters, and workers who operate machinery; (ee) workers who provide food service, including preparation and serving of food; (ff) workers who provide school transportation and delivery services; (gg) computer, audiovisual, and language technical support staff; (hh) security staff; (ii) nursing, health, and therapy support staff, who may also provide community, family, parent and welfare services; and (jj) other staff that may serve public education students. (II) Public school In this subparagraph, the term public school (III) Public institution of higher education In this subparagraph the term public institution of higher education 20 U.S.C. 1001 . 3. Entitlement to leave Section 102(a) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a) (6) Calculation of leave for education support professionals The Secretary may provide a method for calculating the leave described in paragraph (1) with respect to employees described in section 101(2)(E). .

Summary: ESP Family Leave Act This bill provides that employees who are education support professionals will be considered as meeting the hours of service requirements to become eligible for family or medical leave under the Family and Medical Leave Act of 1993, if they have worked a number of hours equal to not less than 60% of the total monthly hours expected for their job descriptions and duties, as assigned for the previous school year. The bill defines an education support professional as an employee within a public school or public institution of higher education which may include (1) paraeducators who provide instructional and noninstructional support; (2) secretarial, clerical, and administrative support staff; (3) custodians and maintenance service workers who provide building and grounds maintenance and repair; (4) skilled trade workers who provide services in schools, e.g., electricians, carpenters, and machinery operators; (5) workers who provide food service; (6) workers who provide school transportation and delivery services; (7) computer audiovisual, and language technical support staff; (8) security staff; (9) nursing, health, and therapy support staff; and (10) other staff that may serve public education students. The Department of Labor may provide a method for calculating leave under the Act for education support professionals.