Education Support Professional Family Medical Leave Act

Bill: 114-s-3444
Sponsor: full_name: Sen. Kirk, Mark Steven [R-IL]
Introduced: 2016-09-28
Policy area: Labor and Employment
Latest action: action_date: 2016-09-28
text: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Summaries:
action_date: 2016-09-28
action_desc: Introduced in Senate
text: <p><b>Education Support Professional Family Medical Leave Act</b></p> <p>This bill amends the Family and Medical Leave Act of 1993 to provide that employees who are education support professionals will be considered as meeting the hours of service requirement to become eligible for family or medical leave under the Act, if they have worked, during the previous 12-month period, at least an average of:</p> <ul> <li>60 hours a month for the employer from whom the leave is requested, or</li> <li>60% of the total monthly hours expected for the employee's job description and duties with regard to that employer. </li> </ul> <p>The bill defines an &quot;education support professional&quot; as an employee of a public elementary or secondary school or public institution of higher education that may include: (1) a paraeducator who provides instructional or noninstructional support; and (2) a member of the secretarial, clerical, or administrative support staff (e.g., bus drivers, janitors, kitchen workers, and security guards). </p> <p>The Department of Labor may provide a method for calculating leave under the Act for education support professionals.</p>

tv_txt: II 114th CONGRESS 2d Session S. 3444 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. Short title This Act may be cited as the Education Support Professional Family Medical Leave Act . 2. Definitions 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 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, during the previous 12-month period specified in that subparagraph, not less than an average of— (I) 60 hours a month, for the employer with respect to whom leave is requested under section 102; or (II) 60 percent of the applicable total monthly hours expected for the employee's job description and duties (as assigned for the school year preceding the school year during which the hours of service are calculated), per month for that employer. (ii) Definitions In this subparagraph: (I) Education support professional The term education support professional means an employee, of a public elementary or secondary school or public institution of higher education, that may include— (aa) a paraeducator that provides instructional or noninstructional support; and (bb) a member of the secretarial, clerical, or administrative support staff. (II) Public elementary or secondary school The term public elementary or secondary school means a public school that is an elementary school or secondary school under section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (III) Public institution of higher education The term public institution of higher education means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) whose funding comes at least partly from State taxpayers. . 3. Calculation of 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 provide a method for calculating the leave described in paragraph (1) with respect to employees described in section 101(2)(E). .