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Congress·In Committee·6 months ago

Congress Targets Expanded Family Leave Access for Paraprofessionals and School Support Staff

Also known as: ESP, Paraprofessional, and Education Support Staff Family Leave Act

Legislative Progress

✓ Filed
Review
Senate
House
President

Key Points

  • Makes it easier for paraprofessionals and other school support staff to qualify for unpaid family and medical leave.
  • Says these workers can meet the work-hours test by working at least 60% of the monthly hours their job is expected to require.
  • Requires schools and other education employers to keep records of the “expected monthly hours” for each job and file that information with the Labor Department.
  • Covers many non-teaching roles like bus drivers, cafeteria workers, office staff, custodians, maintenance workers, health aides, and skilled-trades staff.
  • Directs the Labor Department to create clear methods for counting leave time for these covered school employees.
EducationLabor Employment

Milestones

2 milestones2 actions
Sep 9, 2025Senate

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Sep 9, 2025

Introduced in Senate

What Happens Next

Projected impacts based on AI analysis

After the bill becomes law

Labor Department creates rules for how schools file and keep “expected monthly hours” records

Schools and districts would get a clear checklist for what they must document, and workers would have clearer proof when asking for FMLA leave

When the law takes effect (effective date not stated in the bill text)

New eligibility test (60% of expected monthly hours from the prior school year) starts being used for paraprofessionals and support staff

More school support workers who regularly work most of their scheduled hours can qualify for unpaid, job-protected FMLA leave

Related News

2 articles
Office of Rep. Sean Casten (press release)·6 months ago

Casten, Duckworth Introduce Bipartisan Bill to Help Education Support Professionals Access FMLA Benefits

Announcement of legislation to let school support staff qualify for unpaid FMLA using a 60% of expected monthly hours test; discusses affected roles like bus drivers, custodians and food service.

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Office of Sen. Tammy Duckworth (press release)·6 months ago

Duckworth, Casten Reignite Push to Help Education Support Professionals Access FMLA Benefits

Reintroduction announcement describing how education support staff could satisfy FMLA eligibility with a 60% expected-hours threshold and employer recordkeeping requirements.

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Source Information

Document Type

Congressional Bill

Official Title

ESP, Paraprofessional, and Education Support Staff Family Leave Act

Bill NumberS 2738
Congress119th Congress
ChamberSenate
Latest ActionRead twice and referred to the Committee on Health, Education, Labor, and Pensions.

Sponsor

Cosponsors

(9)
D: 9

Analysis generated by AI. While we strive for accuracy, this should not be considered legal or professional advice. Always verify information with official government sources.