[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3444 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 3444

  To clarify the hours of service requirements for education support 
                             professionals.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 28, 2016

   Mr. Kirk introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To clarify the hours of service requirements for education support 
                             professionals.

    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 ``Education Support Professional 
Family Medical Leave Act''.

SEC. 2. DEFINITIONS.

    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:
                    ``(E) Education support professionals.--
                            ``(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, during the previous 12-
                        month period specified in that subparagraph, 
                        not less than an average of--
                                    ``(I) 60 hours a month, for the 
                                employer with respect to whom leave is 
                                requested under section 102; or
                                    ``(II) 60 percent of the applicable 
                                total monthly hours expected for the 
                                employee's job description and duties 
                                (as assigned for the school year 
                                preceding the school year during which 
                                the hours of service are calculated), 
                                per month for that employer.
                            ``(ii) Definitions.--In this subparagraph:
                                    ``(I) Education support 
                                professional.--The term `education 
                                support professional' means an 
                                employee, of a public elementary or 
                                secondary school or public institution 
                                of higher education, that may include--
                                            ``(aa) a paraeducator that 
                                        provides instructional or 
                                        noninstructional support; and
                                            ``(bb) a member of the 
                                        secretarial, clerical, or 
                                        administrative support staff.
                                    ``(II) Public elementary or 
                                secondary school.--The term `public 
                                elementary or secondary school' means a 
                                public school that is an elementary 
                                school or secondary school under 
                                section 8101 of the Elementary and 
                                Secondary Education Act of 1965 (20 
                                U.S.C. 7801).
                                    ``(III) 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)) 
                                whose funding comes at least partly 
                                from State taxpayers.''.

SEC. 3. CALCULATION OF 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)(E).''.
                                 <all>