School support workers would have a 60% leave hours test

Covered school workers would meet the leave hours requirement by satisfying a 60% test. It covers paraprofessionals and education support staff employed by educational agencies or institutions, including workers providing transportation, food, and maintenance services. The test concerns hours worked for leave eligibility; it does not itself establish that a worker meets every leave requirement. The calculation would use expected hours assigned for the previous school year.

Employers would file expected work hours with the federal official responsible for administering the law. The requirement would apply to employers of covered paraprofessionals and education support staff. Employers would follow filing rules that the responsible federal official may issue. The filed information would cover expected hours for each school year.

Federal officials would provide methods for calculating covered school workers’ leave. The methods would cover family and medical leave for covered paraprofessionals and education support staff. The methods would follow the law’s referenced rules for educational employees where those rules apply.