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
To clarify the hours of service requirements for education support professionals.
This Act may be cited as the
Education Support Professional Family Medical Leave Act.
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:
Education support professionals
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—
60 hours a month, for the employer with respect to whom leave is requested under section 102; or
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.
In this subparagraph:
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—
a paraeducator that provides instructional or noninstructional support; and
a member of the secretarial, clerical, or administrative support staff.
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).
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.
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:
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).