[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2821 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2821
To establish eligibility requirements for education support
professionals under the Family and Medical Leave Act of 1993, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 23, 2021
Ms. Duckworth (for herself, Mr. Durbin, Mrs. Gillibrand, and Mr. Coons)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
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:
``(F) 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)(F).''.
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