H. R. 770
IN THE HOUSE OF REPRESENTATIVES
February 2, 2023
Mr. Casten (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
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.
This Act may be cited as the
ESP Family Leave Act.
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:
Education support professionals and school support staff
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.
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.
In this subparagraph:
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—
paraeducators that provide instructional and non-instructional support;
secretarial, clerical, and administrative support staff;
custodians and maintenance service workers that provide building and grounds maintenance and repair;
skilled trade workers that provide services in schools, such as electricians, carpenters, and workers who operate machinery;
workers who provide food service, including preparation and serving of food;
workers who provide school transportation and delivery services;
computer, audiovisual, and language technical support staff;
nursing, health, and therapy support staff, who may also provide community, family, parent and welfare services; and
other staff that may serve public education students.
The term employer includes a public school or public institution of higher education that meets the definition of employer in paragraph (4).
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.
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.
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:
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).