ESP, Paraprofessional, and Education Support Staff Family Leave Act

ESP, Paraprofessional, and Education Support Staff Family Leave Act would expand eligibility for leave under the Family and Medical Leave Act (FMLA) to include paraprofessionals and education support staff (ESP) who work in schools. Instead of using the standard FMLA hours-of-service test, the bill would allow eligibility if a covered educational employee has worked at least 60% of the total monthly hours expected for their job description and duties, based on the previous school year. The bill also requires employers to maintain and file with the Secretary information about the total monthly hours expected for each job description and duties for each school year, and it defines who counts as a covered educational employee and what counts as a paraprofessional or ESP. Finally, it directs the Secretary to provide methods for calculating leave for these employees consistent with the statute’s framework. In short, the bill broadens FMLA eligibility to a broader group of school support staff by tying eligibility to a lower, job-specific hours threshold and mandating recordkeeping and calculation guidance to implement this change.