ESP Family Leave Act

II 116TH CONGRESS 1ST SESSION S. 1401 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 MAY 9, 2019 Ms. DUCKWORTH 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘ESP Family Leave 4 Act’’. 5 SEC. 2. ELIGIBILITY FOR EDUCATION SUPPORT PROFES- 6 SIONALS. 7 Section 101(2) of the Family and Medical Leave Act 8 of 1993 (29 U.S.C. 2611(2)) is amended by adding at the 9 end the following: 10 VerDate Sep 11 2014 04:19 May 17, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1401.IS S1401 kjohnson on DSK79L0C42 with BILLS 2 •S 1401 IS ‘‘(E) EDUCATION SUPPORT PROFES- 1 SIONALS.— 2 ‘‘(i) DETERMINATION.—For purposes 3 of determining whether an employee who is 4 an education support professional meets 5 the hours of service requirement specified 6 in subparagraph (A)(ii), the employee will 7 be considered to meet the requirement if 8 the employee has worked a number of 9 hours equal to not less than 60 percent of 10 the applicable total monthly hours expected 11 for the employee’s job description and du- 12 ties, as assigned for the previous school 13 year. 14 ‘‘(ii) FILE.—Each employer of an 15 education support professional shall main- 16 tain on file with the Secretary (in accord- 17 ance with such regulations as the Sec- 18 retary may prescribe) information speci- 19 fying the total monthly hours expected for 20 the employee’s job description and duties 21 for each school year. 22 ‘‘(iii) DEFINITIONS.— 23 ‘‘(I) EDUCATION SUPPORT PRO- 24 FESSIONAL.—In this subparagraph, 25 VerDate Sep 11 2014 04:19 May 17, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1401.IS S1401 kjohnson on DSK79L0C42 with BILLS 3 •S 1401 IS the term ‘education support profes- 1 sional’ means an employee within a 2 public school or public institution of 3 higher education, which may in- 4 clude— 5 ‘‘(aa) paraeducators that 6 provide instructional and non-in- 7 structional support; 8 ‘‘(bb) secretarial, clerical, 9 and administrative support staff; 10 ‘‘(cc) custodians and mainte- 11 nance service workers that pro- 12 vide building and grounds main- 13 tenance and repair; 14 ‘‘(dd) skilled trade workers 15 that provide services in schools, 16 such as electricians, carpenters, 17 and workers who operate machin- 18 ery; 19 ‘‘(ee) workers who provide 20 food service, including prepara- 21 tion and serving of food; 22 ‘‘(ff) workers who provide 23 school transportation and deliv- 24 ery services; 25 VerDate Sep 11 2014 04:19 May 17, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1401.IS S1401 kjohnson on DSK79L0C42 with BILLS 4 •S 1401 IS ‘‘(gg) computer, audiovisual, 1 and language technical support 2 staff; 3 ‘‘(hh) security staff; 4 ‘‘(ii) nursing, health, and 5 therapy support staff, who may 6 also provide community, family, 7 parent and welfare services; and 8 ‘‘(jj) other staff that may 9 serve public education students. 10 ‘‘(II) PUBLIC SCHOOL.—In this 11 subparagraph, the term ‘public school’ 12 means a school that is maintained at 13 public expense for the education of 14 the children of a community or dis- 15 trict and that constitutes a part of a 16 system of free public education com- 17 monly including primary and sec- 18 ondary schools, including special edu- 19 cation cooperatives, alternative 20 schools, and other similar facilities. 21 ‘‘(III) PUBLIC INSTITUTION OF 22 HIGHER EDUCATION.—In this sub- 23 paragraph the term ‘public institution 24 of higher education’ means an institu- 25 VerDate Sep 11 2014 04:19 May 17, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1401.IS S1401 kjohnson on DSK79L0C42 with BILLS 5 •S 1401 IS tion of higher education, as defined in 1 section 101 of the Higher Education 2 Act of 1965 (20 U.S.C. 1001), that is 3 funded, at least partly, by State tax- 4 payers.’’. 5 SEC. 3. ENTITLEMENT TO LEAVE. 6 Section 102(a) of the Family and Medical Leave Act 7 of 1993 (29 U.S.C. 2612(a)) is amended by adding at the 8 end the following: 9 ‘‘(6) CALCULATION OF LEAVE FOR EDUCATION 10 SUPPORT PROFESSIONALS.—The Secretary may pro- 11 vide a method for calculating the leave described in 12 paragraph (1) with respect to employees described in 13 section 101(2)(E).’’. 14 Æ VerDate Sep 11 2014 04:19 May 17, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1401.IS S1401 kjohnson on DSK79L0C42 with BILLS