Casten, Duckworth Introduce Bipartisan Bill to Help Education Support Professionals Access FMLA Benefits
Washington, D.C. — U.S. Congressman Sean Casten (D-IL-06) and U.S. Senator Tammy Duckworth (D-IL) introduced the ESP, Paraprofessional, and Education Support Staff Family Leave Act, bipartisan legislation to expand the Family and Medical Leave Act (FMLA) to cover 2.7 million education support professionals (ESPs) who are currently blocked from accessing FMLA benefits. The FMLA guarantees a segment of the workforce the ability to take unpaid leave to care for their newborns and sick loved ones without fear of losing their jobs.
“Gaps in FMLA coverage for the 2.7 million janitorial staff, food service workers, bus drivers, clerical support staff, and other public school employees mean that the very people we rely on to feed, transport, and support our students can be unfairly forced to choose between caring for their families and keeping their jobs,” said Rep. Casten. “I’m proud to introduce this bill with Senator Duckworth to improve and expand FMLA coverage to education support professionals.”
“No one should ever have to choose between their job and caring for a sick child or family member—including our nation’s education support professionals,” said Senator Duckworth. “I’m proud to reintroduce this important legislation with Congressman Casten so we can work to close the loopholes that prevent many education support staff from accessing basic, hard-earned benefits through the Family and Medical Leave Act.”
Right now, as a result of their schedules and the limited school year, many ESPs—including clerical support professionals, maintenance workers, janitorial staff, food service employees, bus drivers, and others—fail to meet the 1,250-hour threshold needed to qualify for unpaid leave under the FMLA. The ESP, Paraprofessional, and Education Support Staff Family Leave Act would correct this by finally updating the FMLA to close this gap in federal law.
The bipartisan ESP, Paraprofessional, and Education Support Staff Family Leave Act would build on a provision enacted in 2009—which helped more airline flight crews receive FMLA benefits—and update the FMLA so that all ESPs who work more than 60 percent of the total monthly hours expected for their specific role can access benefits.
“The Trump administration has abandoned students, pushed aspiring educators out of the profession, and deprived educators of basic supports and resources they need to help our students succeed,” said National Education Association President Becky Pringle. “Now more than ever, our education support professionals are critical to helping all our students—no matter their color, background, or ZIP code—learn and grow into their full brilliance. But many education support professionals that are essential to our students learning, that drive our school busses, ensure our students have nutritious meals, make sure buildings are safe and clean, and so much more are unable to access basic leave benefits without risk of losing their job due to a gap in coverage for workers under federal law. On behalf of educators across our country, I applaud Senator Tammy Duckworth and Representative Sean Casten for reintroducing the ESP, Paraprofessional, and Education Support Staff Family Leave Act which would ensure more education support professionals are able to recover from a medical emergency, care for a newborn baby, or support a sick family member. This legislation is long overdue.”
“Thank you for trying to change the law to allow our schools’, colleges’ and universities’ support staff to have access to Family Medical Leave Act benefits without the risk of losing their jobs,” said Al Llorens, president of the Illinois Education Association. “These people provide integral support to students across the country. They should be valued for their work and treated with dignity.”
“The ability to take time off and care for a sick family member or cope with one’s own illness without losing your job should be a basic workplace right,” said Randi Weingarten, president of the American Federation of Teachers. "Yet one in three public school staff lack access to the protections of the Family and Medical Leave Act. Sen. Tammy Duckworth and Rep. Sean Casten’s ESP Paraprofessional, and Education Support Staff Family Leave Act rights this wrong by extending FMLA coverage to school support staff. I urge Congress to pass it. No matter where you work, the law should protect you. It shouldn’t matter if you’re a classroom assistant, bus driver, school secretary or classroom teacher: No one should be in a situation where a pregnancy or an illness means financial ruin.”
This bill has been endorsed by the American Federation for Teachers, the Center for Law and Social Policy, the National Education Association, the National Partnership for Women and Families, the Teamsters, and the Service Employees International Union (SEIU).
Text of the bill can be found here.
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