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.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7739 Introduced in House (IH)]
<DOC>
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. Garcia 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
provisions 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ESP Family Leave Act''.
SEC. 2. ELIGIBILITY FOR EDUCATION SUPPORT PROFESSIONALS.
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 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' means an employee within
a public school or public institution
of higher education, which may
include--
``(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'
means a school that is maintained at
public expense for the education of the
children of a community or district and
that constitutes a part of a system of
free public education commonly
including primary and secondary
schools, including special education
cooperatives, alternative schools, and
other similar facilities.
``(III) Public institution of
higher education.--In this subparagraph
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), that is funded, at
least partly, by State taxpayers.''.
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 provide a method for
calculating the leave described in paragraph (1) with respect
to employees described in section 101(2)(E).''.
<all>
Introduced in House
Introduced in House
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 provisions as fall within the jurisdiction of the committee concerned.
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 provisions as fall within the jurisdiction of the committee concerned.
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 provisions as fall within the jurisdiction of the committee concerned.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line