ESP Family Leave Act

To establish eligibility requirements for education support professionals and school support staff 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 and school support staff Section 101(2) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(2) (F) Education support professionals and school support staff (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 In this subparagraph: (I) Education support professional The term education support professional school support staff (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) Employer The term employer (III) Public school The term public school (IV) Public institution of higher education 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)(F). .

Summary: ESP Family Leave Act This bill allows education support professionals to meet the hours of service requirements for family and medical leave 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. Education support professionals are employees within a public school or public institution of higher education which may include specified staff, such as paraeducators, administrative support staff, custodians, skilled trade workers, and nursing support staff. The Department of Labor may provide a method for calculating such leave for these professionals.