ESP, Paraprofessional, and Education Support Staff Family Leave Act

The ESP, Paraprofessional, and Education Support Staff Family Leave Act would extend federal family and medical leave protections (FMLA) to additional school-based workers. Specifically, it adds paraprofessionals and education support staff (ESP) to the list of employees who are eligible for FMLA leave. The new eligibility standard uses a percentage-based hours test rather than the standard fixed-hours threshold: a covered educational employee would qualify if they have worked at least 60% of the total monthly hours expected for their job description and duties, as assigned for the previous school year. Employers would be required to maintain records of the total monthly hours expected for each employee’s job duties and to file this information with the Secretary (subject to regulations). The bill also requires the Secretary to provide methods for calculating leave for these employees in line with FMLA regulations. Definitions are provided for who counts as a paraprofessional and what constitutes an ESP (various roles in clerical, transportation, food services, custodial/maintenance, health and student services, technical, and skilled trades). The short title designates the measure as the “ESP, Paraprofessional, and Education Support Staff Family Leave Act.”