[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 770 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 770
To establish eligibility requirements for education support
professionals and school support staff under the Family and Medical
Leave Act of 1993, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 2, 2023
Mr. Casten (for himself, Mr. Fitzpatrick, Mr. Allred, Ms. Barragan, Ms.
Bonamici, Ms. Bush, Mr. Carson, Ms. Craig, Ms. Crockett, Ms. Dean of
Pennsylvania, Ms. DeLauro, Mr. DeSaulnier, Mr. Foster, Mr. Garcia of
Illinois, Mr. Gomez, Mr. Grijalva, Mrs. Hayes, Ms. Norton, Ms.
Houlahan, Mr. Huffman, Mr. Lynch, Mr. McGovern, Mr. Nadler, Ms.
Pingree, Mr. Pocan, Ms. Salinas, Ms. Sanchez, Ms. Slotkin, Mr. Smith of
Washington, Ms. Titus, Mr. Trone, Ms. Velazquez, Ms. Williams of
Georgia, and Ms. Wilson of Florida) introduced the following bill;
which was referred to the Committee on Education and the Workforce, and
in addition to the Committees on Oversight and Accountability, and
House Administration, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish eligibility requirements for education support
professionals and school support staff 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 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) Education support professionals and school
support staff.--
``(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.--In this subparagraph:
``(I) Education support
professional.--The term `education
support professional' (who may also be
known as `school support staff') means
an employee employed by an employer, as
defined in paragraph (4), whose work
takes place primarily 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) Employer.--The term
`employer' includes a public school or
public institution of higher education
that meets the definition of employer
in paragraph (4).
``(III) Public school.--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.
``(IV) Public institution of higher
education.--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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