HR5222-119

1. Short title This Act may be cited as the ESP, Paraprofessional, and Education Support Staff 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)) is amended by adding at the end the following: For purposes of determining whether a covered educational employee meets the hours of service requirement specified in subparagraph (A)(ii), the covered educational 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. Each employer of a covered educational employee 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. In this subparagraph: The term covered educational employee means a paraprofessional or an education support staff member employed by an educational agency or institution. The term paraprofessional has the meaning given the term in section 8101(37) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(37)). The term education support staff member (also known as a classified school employee, education support professional, or ESP) means an employee of an educational agency or institution who provides clerical and administrative services, transportation services, food and nutrition services, custodial and maintenance services, health and student services, technical services, or services related to skilled trades. The term educational agency or institution has the meaning given the term in section 444(a)(3) of the General Education Provisions Act (20 U.S.C. 1232g(a)(3)). (F)Paraprofessionals and education support staff (i)DeterminationFor purposes of determining whether a covered educational employee meets the hours of service requirement specified in subparagraph (A)(ii), the covered educational 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)FileEach employer of a covered educational employee 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)DefinitionsIn this subparagraph: (I)Covered educational employeeThe term covered educational employee means a paraprofessional or an education support staff member employed by an educational agency or institution. (II)ParaprofessionalThe term paraprofessional has the meaning given the term in section 8101(37) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(37)). (III)Education support staffThe term education support staff member (also known as a classified school employee, education support professional, or ESP) means an employee of an educational agency or institution who provides clerical and administrative services, transportation services, food and nutrition services, custodial and maintenance services, health and student services, technical services, or services related to skilled trades. (IV)Educational agency or institutionThe term educational agency or institution has the meaning given the term in section 444(a)(3) of the General Education Provisions Act (20 U.S.C. 1232g(a)(3))..

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: The Secretary shall provide methods for calculating the leave described in paragraph (1) with respect to covered educational employees, in accordance with section 108, as applicable. (6)Calculation of leave for covered educational employeesThe Secretary shall provide methods for calculating the leave described in paragraph (1) with respect to covered educational employees, in accordance with section 108, as applicable..