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S2738119th CongressWALLET

ESP, Paraprofessional, and Education Support Staff Family Leave Act

Sponsored By: Senator Duckworth, Tammy [D-IL]

Introduced

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.

Show full summary
  • 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.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

More FMLA access for school staff

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 file with the Secretary. The Secretary would provide methods for calculating leave for these employees.

Sponsors & CoSponsors

Sponsor

Duckworth, Tammy [D-IL]

IL • D

Cosponsors

  • Sen. Durbin, Richard J. [D-IL]

    IL • D

    Sponsored 9/9/2025

  • Sen. Markey, Edward J. [D-MA]

    MA • D

    Sponsored 9/9/2025

  • Sen. Coons, Christopher A. [D-DE]

    DE • D

    Sponsored 9/9/2025

  • Sen. Gillibrand, Kirsten E. [D-NY]

    NY • D

    Sponsored 9/9/2025

  • Sen. Klobuchar, Amy [D-MN]

    MN • D

    Sponsored 9/9/2025

  • Sen. Luján, Ben Ray [D-NM]

    NM • D

    Sponsored 10/8/2025

  • Sen. Kim, Andy [D-NJ]

    NJ • D

    Sponsored 11/19/2025

  • Sen. Blumenthal, Richard [D-CT]

    CT • D

    Sponsored 1/5/2026

  • Sen. Booker, Cory A. [D-NJ]

    NJ • D

    Sponsored 1/12/2026

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
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