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H.R. 770: ESP Family Leave Act

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The text of the bill below is as of Feb 2, 2023 (Introduced).

I

118th CONGRESS

1st Session

H. R. 770

IN THE HOUSE OF REPRESENTATIVES

February 2, 2023

(for himself, Mr. Fitzpatrick, Mr. Allred, Ms. Barragán, Ms. Bonamici, Ms. Bush, Mr. Carson, Ms. Craig, Ms. Crockett, Ms. Dean of Pennsylvania, Ms. DeLauro, Mr. DeSaulnier, Mr. Foster, Mr. García of Illinois, Mr. Gomez, Mr. Grijalva, Mrs. Hayes, Ms. Norton, Ms. Houlahan, Mr. Huffman, Mr. Lynch, Mr. McGovern, Mr. Nadler, Ms. Pingree, Mr. Pocan, Ms. Salinas, Ms. Sánchez, Ms. Slotkin, Mr. Smith of Washington, Ms. Titus, Mr. Trone, Ms. Velázquez, Ms. Williams of Georgia, and Ms. Wilson of Florida) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Oversight and Accountability, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To establish eligibility requirements for education support professionals and school support staff under the Family and Medical Leave Act of 1993, and for other purposes.

1.

Short title

This Act may be cited as the ESP 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)

Education support professionals and school support staff

(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 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 an education support professional 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)

Education support professional

The term education support professional (who may also be known as school support staff) means an employee employed by an employer, as defined in paragraph (4), whose work takes place primarily within a public school or public institution of higher education, which may include—

(aa)

paraeducators that provide instructional and non-instructional support;

(bb)

secretarial, clerical, and administrative support staff;

(cc)

custodians and maintenance service workers that provide building and grounds maintenance and repair;

(dd)

skilled trade workers that provide services in schools, such as electricians, carpenters, and workers who operate machinery;

(ee)

workers who provide food service, including preparation and serving of food;

(ff)

workers who provide school transportation and delivery services;

(gg)

computer, audiovisual, and language technical support staff;

(hh)

security staff;

(ii)

nursing, health, and therapy support staff, who may also provide community, family, parent and welfare services; and

(jj)

other staff that may serve public education students.

(II)

Employer

The term employer includes a public school or public institution of higher education that meets the definition of employer in paragraph (4).

(III)

Public school

The term public school means a school that is maintained at public expense for the education of the children of a community or district and that constitutes a part of a system of free public education commonly including primary and secondary schools, including special education cooperatives, alternative schools, and other similar facilities.

(IV)

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), that is funded, at least partly, by State taxpayers.

.

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 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)(F).

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