I 
116TH CONGRESS 
2D SESSION 
H. R. 7739 
To establish eligibility requirements for education support professionals under 
the Family and Medical Leave Act of 1993, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 23, 2020 
Mr. CASTEN
of Illinois (for himself, Mr. COHEN, Ms. DEAN, Mr. 
FITZPATRICK, Mr. GARCI´A of Illinois, Mr. GONZALEZ of Texas, Ms. 
HAALAND, Mrs. HAYES, Mr. HECK, Ms. JACKSON LEE, Mr. LARSON of 
Connecticut, Ms. LEE of California, Mr. TED LIEU of California, Ms. 
NORTON, Mr. SAN NICOLAS, Ms. SPEIER, Mr. VARGAS, and Ms. WILD) 
introduced the following bill; which was referred to the Committee on 
Education and Labor, and in addition to the Committees on Oversight 
and Reform, and House Administration, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To establish eligibility requirements for education support 
professionals under the Family and Medical Leave Act 
of 1993, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘ESP Family Leave 
Act’’. 
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SEC. 2. ELIGIBILITY FOR EDUCATION SUPPORT PROFES-
SIONALS. 
Section 101(2) of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2611(2)) is amended by adding at the 
end the following: 
‘‘(E) 
EDUCATION
SUPPORT
PROFES-
SIONALS.— 
‘‘(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 du-
ties, as assigned for the previous school 
year. 
‘‘(ii) FILE.—Each employer of an 
education support professional shall main-
tain on file with the Secretary (in accord-
ance with such regulations as the Sec-
retary may prescribe) information speci-
fying the total monthly hours expected for 
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‘‘(ee) workers who provide 
food service, including prepara-
tion and serving of food; 
‘‘(ff) workers who provide 
school transportation and deliv-
ery 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’ 
means a school that is maintained at 
public expense for the education of 
the children of a community or dis-
trict and that constitutes a part of a 
system of free public education com-
monly including primary and sec-
ondary schools, including special edu-
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cation 
cooperatives, 
alternative 
schools, and other similar facilities. 
‘‘(III) PUBLIC
INSTITUTION
OF 
HIGHER
EDUCATION.—In this sub-
paragraph the term ‘public institution 
of higher education’ means an institu-
tion of higher education, as defined in 
section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001), that is 
funded, at least partly, by State tax-
payers.’’. 
SEC. 3. ENTITLEMENT TO LEAVE. 
Section 102(a) of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2612(a)) is amended by adding at the 
end the following: 
‘‘(6) CALCULATION OF LEAVE FOR EDUCATION 
SUPPORT PROFESSIONALS.—The Secretary may pro-
vide a method for calculating the leave described in 
paragraph (1) with respect to employees described in 
section 101(2)(E).’’. 
Æ 
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