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Amends subsection (a) of 29 U.S.C. 2612 by adding a new paragraph (6) that requires the Secretary to provide methods for calculating the leave described in paragraph (1) for covered educational employees, in accordance with section 108 as applicable.
Adds a new subparagraph (F) to the definitions for purposes of determining eligible employees under the FMLA that (1) creates a specific hours-of-service determination rule for covered educational employees (paraprofessionals and education support staff), (2) requires employers of covered educational employees to maintain on file with the Secretary information specifying total monthly hours expected for each school year, and (3) defines ‘‘covered educational employee,’’ references the ESEA definition of ‘‘paraprofessional,’’ defines ‘‘education support staff,’’ and references the GEPA definition of ‘‘educational agency or institution.’
Creates a special FMLA hours‑of‑service rule for paraprofessionals and other school support staff so more of these education workers can qualify for leave. It lets those employees meet the FMLA work‑hours test if they worked at least 60% of the monthly hours they were expected to work in the prior school year, requires employers to keep and provide those expected monthly hours to the Secretary, and directs the Secretary to publish methods for calculating leave for these covered education employees.
Adds a new subparagraph (F) titled “Paraprofessionals and education support staff” to Section 101(2) of the Family and Medical Leave Act (29 U.S.C. 2611(2)).
Determination: For the FMLA hours-of-service requirement (subparagraph (A)(ii)), a covered educational employee is treated as meeting the requirement if the employee worked not less than 60 percent of the applicable total monthly hours expected for the employee’s job description and duties, as assigned for the previous school year.
File maintenance: Each employer of a covered educational employee must maintain on file with the Secretary (under regulations the Secretary may prescribe) information specifying the total monthly hours expected for the employee’s job description and duties for each school year.
Covered educational employee: The text states “The term means a or an employed by an educational agency or institution.” (text in file is truncated).
Paraprofessional: Defined by cross-reference to section 8101(37) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(37)).
Who is affected and how:
Paraprofessionals and school support staff: Direct beneficiaries. Many of these employees work variable, part‑time, or school‑year schedules and previously failed the FMLA hours‑of‑service test; under the new 60% prior‑year expected‑hours test they will be more likely to qualify for FMLA protections (job‑protected leave for medical/family reasons).
K–12 employers (local educational agencies, school districts, charter operators, school HR/payroll offices): Must collect, maintain, and submit expected monthly hours data for each covered employee and implement the Secretary’s calculation methods. That creates administrative workload (data collection, record retention, reporting) and may require payroll/HR system updates.
Human resources/payroll administrators and leave managers: Will need to apply new calculation methods, resolve disputes about expected hours, and reconcile prior‑year assignments with current scheduling to determine eligibility and leave amounts.
Students and school operations: Potentially indirect effects. Increased FMLA leave use among paraprofessionals/support staff could require more substitute coverage, reassignments, or scheduling adjustments to maintain classroom supports.
Department/Secretary (agency implementing FMLA): Must develop and publish methods/rules describing how to compute leave and interpret the new hours test; this will determine the practical operation of the statutory change and the timing of compliance by employers.
State and local budgets: Because employers (often public school districts) bear recordkeeping and reporting duties without earmarked federal funds, there may be modest administrative costs — an unfunded mandate risk for some jurisdictions.
Other considerations:
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Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Introduced September 9, 2025 by Tammy Duckworth · Last progress September 9, 2025
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Introduced in Senate