ESP, Paraprofessional, and Education Support Staff Family Leave Act
- Bill Number
- S. 2738
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Labor and Employment
- Status
- Introduced
- Latest Action
- 2025-09-09: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- Last Updated
- 2026-01-13T12:03:23Z
AI-Generated Summary
Purpose of the Legislation
This bill, titled the "ESP, Paraprofessional, and Education Support Staff Family Leave Act," aims to expand access to unpaid family and medical leave under the Family and Medical Leave Act of 1993 (FMLA) for specific school employees. It adjusts eligibility rules to better fit the irregular schedules of paraprofessionals and education support staff, making it easier for them to qualify for job-protected leave for family or medical reasons.
Key Provisions
- Eligibility Adjustment for Hours of Service: For paraprofessionals and education support staff (termed "covered educational employees"), eligibility for FMLA leave is based on working at least 60% of the total monthly hours expected for their job role during the previous school year, rather than a strict total of 1,250 hours over 12 months.
- Employer Reporting Requirements: Employers must keep records of expected monthly hours for each employee's job duties and submit this information to the Secretary of Labor (head of the Department of Labor) as required by regulations.
- Definitions:
- Covered educational employee: A paraprofessional or education support staff member working for a school or educational institution.
- Paraprofessional: An employee who assists teachers or provides instructional support, as defined in federal education law.
- Education support staff: Workers providing services like clerical/administrative tasks, transportation, food/nutrition, custodial/maintenance, health/student services, technical support, or skilled trades (also called classified school employees or ESPs).
- Educational agency or institution: Public or private schools, school districts, or other entities receiving federal education funds.
- Leave Calculation: The Department of Labor must develop methods to calculate FMLA leave for these employees, aligning with existing FMLA rules for school-year workers (e.g., intermittent or reduced-schedule leave).
Significant Changes to Existing Law
- Amends Section 101(2) of the FMLA to add a new eligibility subcategory (F) tailored to school support roles, replacing the uniform 1,250-hour threshold with a flexible, percentage-based standard that accounts for school calendars and part-time or seasonal work.
- Adds a new paragraph (6) to Section 102(a) of the FMLA, requiring specific leave calculation guidance for these employees, building on Section 108's provisions for educational workers.
- Introduces mandatory filing of job-hour data with the Department of Labor, which was not previously required for FMLA eligibility verification in this way.
Potential Impacts
- On Citizens: Improves access to unpaid, job-protected leave for family/medical needs (e.g., caring for a new child, serious illness, or military family obligations) for thousands of school support workers, many of whom work part-time or seasonally. This could enhance work-life balance and reduce financial stress during leaves.
- On Government Agencies: School districts and other public educational employers will face new administrative burdens to track and report expected hours, potentially increasing compliance costs but promoting fairer treatment of support staff.
- On International Relations: No direct impact, as the bill focuses on domestic labor and education policy.
Main Stakeholders Affected
- Primary Beneficiaries: Paraprofessionals (e.g., teacher aides) and education support staff (e.g., bus drivers, cafeteria workers, custodians) in public and private schools.
- Employers: School districts, educational agencies, and institutions, which must adapt hiring, scheduling, and record-keeping practices.
- Government Entities: The Department of Labor, responsible for issuing regulations, verifying records, and enforcing compliance.
- Indirectly Affected: Teachers, students, and families, as better support staff retention could improve school operations.
Notable Legal, Constitutional, or Political Implications
- Legal: Expands FMLA protections without altering core entitlements (e.g., 12 weeks of leave per year), but introduces targeted flexibility to address inequities in eligibility for non-traditional workers. It relies on existing definitions from federal education laws, ensuring consistency. Potential for litigation if employers challenge the 60% threshold or reporting requirements as overly burdensome.
- Constitutional: Aligns with the Commerce Clause authority for federal labor standards; no apparent conflicts with free speech, equal protection, or other rights, as it promotes nondiscriminatory access to benefits.
- Political: Supports labor rights for often underpaid and overlooked education workers, potentially appealing to unions and Democratic sponsors (e.g., Senators Duckworth, Durbin). Could influence broader FMLA reforms or education funding debates, but faces opposition from budget-conscious school administrators concerned about administrative costs. Referred to the Senate Committee on Health, Education, Labor, and Pensions for further review.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (9)
Sen. Durbin, Richard J. [D-IL], Sen. Markey, Edward J. [D-MA], Sen. Coons, Christopher A. [D-DE], Sen. Gillibrand, Kirsten E. [D-NY], Sen. Klobuchar, Amy [D-MN], Sen. Luján, Ben Ray [D-NM], Sen. Kim, Andy [D-NJ], Sen. Blumenthal, Richard [D-CT], Sen. Booker, Cory A. [D-NJ]
Recent Actions
- 2025-09-09: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- 2025-09-09: Introduced in Senate
Bill Versions
- ESP, Paraprofessional, and Education Support Staff Family Leave Act — issued 2025-09-09 — PDF (4 pages)