119-s2738

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2738 Introduced in Senate

    (IS) ]

<DOC>

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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