119 S2738 IS: ESP, Paraprofessional, and Education Support Staff Family Leave Act U.S. Senate 2025-09-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II119th CONGRESS1st SessionS. 2738IN THE SENATE OF THE UNITED STATESSeptember 9, 2025Ms. 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 PensionsA BILLTo establish eligibility requirements for covered educational employees under the Family and Medical Leave Act of 1993, and for other purposes.

1.

Short title

This Act may be cited as the ESP, Paraprofessional, and Education Support Staff Family Leave Act.

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))..

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..