# 119-s-2738: ESP, Paraprofessional, and Education Support Staff Family Leave Act

119-s-2738, ESP, Paraprofessional, and Education Support Staff Family Leave Act, is a 119th Congress bill sponsored by Sen. Duckworth, Tammy [D-IL] (D-IL); status introduced; PRIA reads it as touching household money (as of 2026-04-21).

- Canonical: https://policyrisk.com/legislation/119-s-2738
- As of: 2026-04-21
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: 119-s-2738
- Congress: 119
- Title: ESP, Paraprofessional, and Education Support Staff Family Leave Act
- Status: introduced
- Introduced: 2025-09-09
- Sponsor: Sen. Duckworth, Tammy [D-IL] (D-IL)
- Cosponsors: 9
- Policy area: Labor and Employment
- Touches household money: yes
- Last recorded action: 2026-04-21

## Summary

**Expands FMLA eligibility for paraprofessionals and education support staff.** The bill would treat paraprofessionals and education support staff as meeting the Family and Medical Leave Act hours test if they worked at least 60% of the total monthly hours expected for their job in the prior school year. It would also require employers to keep those expected-hours records and direct the Secretary to provide methods for calculating leave for these employees. - Workers: Paraprofessionals and education support staff would qualify for FMLA leave if they meet the 60% prior-year hours threshold. The bill defines who counts as a paraprofessional and lists ESP roles like clerical, transportation, food services, custodial, health and student services, technical services, and skilled trades. - Employers (schools and districts): Each employer would have to maintain on file the total monthly hours expected for each covered employee for every school year, in a format the Secretary may require. - Administration: The Secretary would be required to publish methods for calculating FMLA leave for these covered educational employees so their leave is calculated under rules tailored to this eligibility category.

## Cosponsors (9)

- Sen. Durbin, Richard J. [D-IL] (D-IL), 2025-09-09T00:00:00.000Z
- Sen. Markey, Edward J. [D-MA] (D-MA), 2025-09-09T00:00:00.000Z
- Sen. Coons, Christopher A. [D-DE] (D-DE), 2025-09-09T00:00:00.000Z
- Sen. Gillibrand, Kirsten E. [D-NY] (D-NY), 2025-09-09T00:00:00.000Z
- Sen. Klobuchar, Amy [D-MN] (D-MN), 2025-09-09T00:00:00.000Z
- Sen. Luján, Ben Ray [D-NM] (D-NM), 2025-10-08T00:00:00.000Z
- Sen. Kim, Andy [D-NJ] (D-NJ), 2025-11-19T00:00:00.000Z
- Sen. Blumenthal, Richard [D-CT] (D-CT), 2026-01-05T00:00:00.000Z
- Sen. Booker, Cory A. [D-NJ] (D-NJ), 2026-01-12T00:00:00.000Z

## Provisions PRIA read

- More FMLA access for school staff: benefit, medium. This bill would let paraprofessionals and education support staff meet the FMLA hours rule using a 60% test. You would be eligible if you worked at least 60% of the monthly hours assigned for your job in the prior school year. Employers would have to keep each employee's expected monthly hours on f…

## Related bills

- 119-s-5066: Health Equity and Accountability Act of 2026
- 119-s-3990: PrEP Access and Coverage Act of 2026
- 119-s-2823: FAMILY Act
- 119-s-51: Washington, D.C. Admission Act
- 119-s-5108: Right to IVF Act of 2026
- 119-s-1503: Equality Act

## Sources
- [119-s-2738 on Congress.gov](https://www.congress.gov/bill/119th-congress/senate-bill/2738)

## Related
- [119-s-5066: Health Equity and Accountability Act of 2026](https://policyrisk.com/legislation/119-s-5066)
- [119-s-3990: PrEP Access and Coverage Act of 2026](https://policyrisk.com/legislation/119-s-3990)
- [119-s-2823: FAMILY Act](https://policyrisk.com/legislation/119-s-2823)
- [119-s-51: Washington, D.C. Admission Act](https://policyrisk.com/legislation/119-s-51)
- [119-s-5108: Right to IVF Act of 2026](https://policyrisk.com/legislation/119-s-5108)
- [119-s-1503: Equality Act](https://policyrisk.com/legislation/119-s-1503)
- [All bills in Congress](https://policyrisk.com/legislation)

Source: PRIA, https://policyrisk.com/legislation/119-s-2738 (as of 2026-04-21).