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S. 3444 (114th): Education Support Professional Family Medical Leave Act

The text of the bill below is as of Sep 28, 2016 (Introduced).

II

114th CONGRESS

2d Session

S. 3444

IN THE SENATE OF THE UNITED STATES

September 28, 2016

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.

1.

Short title

This Act may be cited as the Education Support Professional Family Medical Leave Act.

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.

.

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).

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