[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2738 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 2738
To establish eligibility requirements for covered educational employees
under the Family and Medical Leave Act of 1993, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 9, 2025
Ms. Duckworth (for herself, Mr. Durbin, Mr. Markey, Mr. Coons, Mrs.
Gillibrand, and Ms. Klobuchar) 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 covered educational employees
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, Paraprofessional, and Education
Support Staff Family Leave Act''.
SEC. 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:
``(F) Paraprofessionals and education support
staff.--
``(i) Determination.--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.
``(ii) File.--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.
``(iii) Definitions.--In this subparagraph:
``(I) Covered educational
employee.--The term `covered
educational employee' means a
`paraprofessional' or an `education
support staff member' employed by an
educational agency or institution.
``(II) Paraprofessional.--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)).
``(III) Education support staff.--
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.
``(IV) Educational agency or
institution.--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)).''.
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 covered educational
employees.--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.''.
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