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House Bill 7739
116th Congress(2019-2020)
ESP Family Leave Act
Introduced
Introduced
Introduced in House on Jul 23, 2020
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Introduced in House 
Jul 23, 2020
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Introduced in House(Jul 23, 2020)
Jul 23, 2020
Not Scanned for Linkage
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Multiple bills can contain the same text. This could be an identical bill in the opposite chamber or a smaller bill with a section embedded in a larger bill.
Bill Sponsor regularly scans bill texts to find sections that are contained in other bill texts. When a matching section is found, the bills containing that section can be viewed by clicking "View Bills" within the bill text section.
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H. R. 7739 (Introduced-in-House)


116th CONGRESS
2d Session
H. R. 7739


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

IN THE HOUSE OF REPRESENTATIVES

July 23, 2020

Mr. Casten of Illinois (for himself, Mr. Cohen, Ms. Dean, Mr. Fitzpatrick, Mr. García of Illinois, Mr. Gonzalez of Texas, Ms. Haaland, Mrs. Hayes, Mr. Heck, Ms. Jackson Lee, Mr. Larson of Connecticut, Ms. Lee of California, Mr. Ted Lieu of California, Ms. Norton, Mr. San Nicolas, Ms. Speier, Mr. Vargas, and Ms. Wild) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committees on Oversight and Reform, 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 under the Family and Medical Leave Act of 1993, and for other purposes.

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 “ESP Family Leave Act”.

SEC. 2. Eligibility for education support professionals.

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 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.—

“(I) EDUCATION SUPPORT PROFESSIONAL.—In this subparagraph, the term ‘education support professional’ means an employee 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) PUBLIC SCHOOL.—In this subparagraph, 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.

“(III) PUBLIC INSTITUTION OF HIGHER EDUCATION.—In this subparagraph 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.”.

SEC. 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)(E).”.