S. 2738: ESP, Paraprofessional, and Education Support Staff Family Leave Act

This bill, known as the ESP, Paraprofessional, and Education Support Staff Family Leave Act, proposes amendments to the Family and Medical Leave Act of 1993 specifically for educational employees such as paraprofessionals and education support staff. Here’s a breakdown of what the bill entails:

Eligibility for Leave

The bill aims to redefine the eligibility criteria for certain educational employees under the Family and Medical Leave Act (FMLA). Specifically:

• **Covered Educational Employees**: This term includes paraprofessionals and education support staff employed by educational institutions.
• **Hours Requirement**: To qualify for FMLA leave, a covered educational employee must demonstrate that they have worked at least 60% of the expected total monthly hours for their position, based on the previous school year.
• **Record Keeping**: Employers of covered educational employees are required to maintain records that specify the expected total monthly hours for each employee's job description and duties, to support eligibility determinations under the FMLA.

Entitlement to Family and Medical Leave

The bill also provides instructions on calculating leave for covered educational employees:

• The bill mandates the Secretary of Labor to create methods for calculating the FMLA leave entitlement for these employees, ensuring consistency with the broader provisions of the act.

Definitions

In this context, the bill clarifies certain terms:

• **Paraprofessional**: An individual working in the educational field who assists teachers and education staff, whose roles are defined in the Elementary and Secondary Education Act.
• **Education Support Staff**: Refers to employees who provide various support services within educational institutions, such as clerical work, transportation, nutrition, maintenance, health services, and technical services.
• **Educational Agency or Institution**: The entity as defined in existing education laws that employs the aforementioned staff.

Regulatory Implementation

The bill places an emphasis on the Secretary of Labor's role in setting up the necessary regulations to enforce these provisions, thereby aiming to ensure that the eligibility and leave calculation processes are clear and standardized for all affected employees.

Overall Purpose

The overarching goal of this bill is to extend family and medical leave protections to a broader range of educational employees, recognizing the valuable work they do in supporting the educational environment and aligning their rights with other workers covered under the FMLA.

Relevant Companies

• None found