S 1401 — ESP Family Leave Act

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.

Bill Text

• Introduced Introduced in Senate Current html May 09, 2019

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill expands eligibility for education support professionals under the Family and Medical Leave Act by establishing specific criteria for their hours of service and leave calculation.

• 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' 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.

  This addition specifies that education support professionals can qualify for FMLA leave based on their specific job requirements and expected hours.

• 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).

  This addition allows the Secretary to define how leave is calculated for education support professionals.

Action History

1. May 09, 2019

   Introduced in Senate

2. May 09, 2019

   Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Sponsors

• Tammy Duckworth · Primary

Subjects