Enacts the "Parental Involvement Leave Act" requiring employers to grant employees up to 16 hours leave during any school year to attend school conferences or classroom activities related to the employee's child if the conference or activity cannot be scheduled during nonwork hours; defines "employer" as "a state agency, officer, or department, a unit of local government, a school district, an individual, a corporation, a partnership, an association, or a nonprofit organization which employs 50 or more employees in NYS; provides that such leave may not be taken unless the employee has exhausted all accrued leave and any leave that may be granted (except sick leave and disability leave); provides that these provisions do not require that an employee receive compensation for such leave; related provisions.
BILL NUMBER: S2453
TITLE OF BILL : An act to amend the labor law, in relation to the parental involvement leave act
PURPOSE : The purpose of this legislation is to enable parents an opportunity to attend their child's school related functions during work hours that cannot be scheduled during non-work hours.
SUMMARY OF PROVISIONS : Section 1 of this bill amends the labor law by adding a new article 21 to create the Parental Involvement Leave Act.
This section states that an employer must grant an employee leave of up to a total of sixteen hours during any school year to attend school conferences or classroom activities related to the employee's child that cannot be scheduled during non-work hours. The section also outlines notification and verification procedures, leave limits and employee rights under this act.
JUSTIFICATION : Studies have shown that children whose parents are actively involved in their education are more likely to succeed academically. As a result, it is important to ensure that parents have an opportunity to attend school related functions that occur during regular business hours, including parent-teacher conferences.
PRIOR LEGISLATIVE HISTORY : 2006: S.637; 2008: S.2476
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect on the one hundred twentieth day after it shall become law.
STATE OF NEW YORK ________________________________________________________________________ 2453 2009-2010 Regular Sessions IN SENATE February 20, 2009 ___________Introduced by Sens. PARKER, DIAZ, DILAN, DUANE, HASSELL-THOMPSON, KRUEG- ER, MONTGOMERY, ONORATO, SAMPSON, SCHNEIDERMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to the parental involvement leave act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The labor law is amended by adding a new article 21 to read as follows: ARTICLE 21 PARENTAL INVOLVEMENT LEAVE ACT SECTION 750. SHORT TITLE. 751. DEFINITIONS. 752. SCHOOL CONFERENCE AND ACTIVITY LEAVE. 753. NOTIFICATION. 754. VERIFICATION. 755. EMPLOYEE RIGHTS. 756. LIMITS ON LEAVE. S 750. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "PARENTAL INVOLVEMENT LEAVE ACT". S 751. DEFINITIONS. AS USED IN THIS ARTICLE: 1. THE TERM "EMPLOYEE" MEANS A PERSON WHO PERFORMS SERVICES FOR HIRE FOR AN EMPLOYER FOR: A. AT LEAST SIX CONSECUTIVE MONTHS IMMEDIATELY PRECEDING A REQUEST FOR LEAVE UNDER THIS ARTICLE; AND B. AN AVERAGE NUMBER OF HOURS PER WEEK EQUAL TO AT LEAST ONE-HALF THE FULL-TIME EQUIVALENT POSITIONS IN THE EMPLOYERS' JOB CLASSIFICATION, AS DEFINED BY THE EMPLOYERS' PERSONNEL POLICIES OR PRACTICES OR IN ACCORD- ANCE WITH A COLLECTIVE BARGAINING AGREEMENT, DURING THOSE SIX MONTHS. 2. THE TERM "EMPLOYEE" SHALL NOT INCLUDE AN INDEPENDENT CONTRACTOR.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02332-01-9 S. 2453 2
3. THE TERM "EMPLOYER" MEANS ANY OF THE FOLLOWING: A STATE AGENCY, OFFICER, OR DEPARTMENT, A UNIT OF LOCAL GOVERNMENT, A SCHOOL DISTRICT, AN INDIVIDUAL, A CORPORATION, A PARTNERSHIP, AN ASSOCIATION, OR A NONPROFIT ORGANIZATION WHICH EMPLOYS FIFTY OR MORE EMPLOYEES IN THE STATE OF NEW YORK. 4. THE TERM "CHILD" MEANS A BIOLOGICAL, ADOPTED OR FOSTER CHILD, A STEPCHILD OR A LEGAL WARD OF AN EMPLOYEE WHO IS ENROLLED IN A PRIMARY OR SECONDARY PUBLIC OR PRIVATE SCHOOL IN THIS STATE. 5. THE TERM "SCHOOL" MEANS ANY PUBLIC OR PRIVATE PRIMARY OR SECONDARY SCHOOL OR EDUCATIONAL FACILITY LOCATED IN THIS STATE. 6. THE TERM "SCHOOL ADMINISTRATOR" MEANS A PRINCIPAL OR SIMILAR ADMIN- ISTRATOR WHO IS RESPONSIBLE FOR THE OPERATIONS OF A SCHOOL. S 752. SCHOOL CONFERENCE AND ACTIVITY LEAVE. 1. AN EMPLOYER MUST GRANT AN EMPLOYEE LEAVE OF UP TO A TOTAL OF SIXTEEN HOURS DURING ANY SCHOOL YEAR, NO MORE THAN FOUR HOURS OF WHICH MAY BE TAKEN ON ANY GIVEN DAY, TO ATTEND SCHOOL CONFERENCES OR CLASSROOM ACTIVITIES RELATED TO THE EMPLOY- EE'S CHILD IF THE CONFERENCE OR CLASSROOM ACTIVITIES CANNOT BE SCHEDULED DURING NONWORK HOURS; HOWEVER, NO LEAVE MAY BE TAKEN BY AN EMPLOYEE OF AN EMPLOYER THAT IS SUBJECT TO THE PROVISIONS OF THIS ARTICLE UNLESS THE EMPLOYEE HAS EXHAUSTED ALL ACCRUED VACATION LEAVE, PERSONAL LEAVE, COMPENSATORY LEAVE AND ANY OTHER LEAVE THAT MAY BE GRANTED TO THE EMPLOYEE EXCEPT SICK LEAVE AND DISABILITY LEAVE. BEFORE ARRANGING ATTENDANCE AT ANY SUCH CONFERENCE OR ACTIVITY, THE EMPLOYEE SHALL PROVIDE THE EMPLOYER WITH A WRITTEN REQUEST FOR LEAVE AT LEAST SEVEN DAYS PRIOR TO THE TIME THE EMPLOYEE IS REQUIRED TO UTILIZE SUCH LEAVE. IN EMERGENCY SITUATIONS, NO MORE THAN TWENTY-FOUR HOURS NOTICE SHALL BE REQUIRED. THE EMPLOYEE MUST CONSULT WITH THE EMPLOYER TO SCHEDULE THE LEAVE SO AS NOT TO UNDULY DISRUPT THE OPERATIONS OF THE EMPLOYER. 2. NOTHING IN THIS ARTICLE REQUIRES THAT AN EMPLOYEE RECEIVE COMPEN- SATION FOR THE DURATION OF SUCH LEAVE. 3. FOR REGULARLY SCHEDULED, NON EMERGENCY CONFERENCES OR ACTIVITIES, SCHOOLS SHALL MAKE TIME AVAILABLE FOR SUCH CONFERENCES OR ACTIVITIES DURING BOTH REGULAR SCHOOL HOURS AND EVENING HOURS. S 753. NOTIFICATION. THE COMMISSIONER OF EDUCATION SHALL NOTIFY EACH PUBLIC AND PRIVATE PRIMARY AND SECONDARY SCHOOL REGARDING THE PROVISIONS OF THIS ARTICLE. EACH PUBLIC AND PRIVATE SCHOOL SHALL NOTIFY PARENTS OR GUARDIANS OF THE SCHOOL'S STUDENTS OF ITS SCHOOL VISITATION POLICY. THE DEPARTMENT SHALL NOTIFY EMPLOYERS REGARDING THE PROVISIONS OF THIS ARTI- CLE. S 754. VERIFICATION. UPON COMPLETION OF SCHOOL CONFERENCE AND ACTIVITY LEAVE BY A PARENT OR GUARDIAN AND IF REQUESTED, THE SCHOOL ADMINIS- TRATION SHALL PROVIDE THE PARENT OR GUARDIAN DOCUMENTATION VERIFYING THE SCHOOL VISIT. EMPLOYERS MAY REQUEST THIS VERIFICATION AND EMPLOYEES MUST SUBMIT SAME. S 755. EMPLOYEE RIGHTS. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AFFECT AN EMPLOYER'S OBLIGATION TO COMPLY WITH ANY COLLECTIVE BARGAINING AGREEMENT OR EMPLOYEE BENEFIT PLAN. NOTHING IN THIS ARTICLE SHALL PREVENT AN EMPLOYER FROM APPROVING SCHOOL CONFERENCE AND ACTIVITY LEAVE IN EXCESS OF THE REQUIREMENTS OF THIS ARTICLE. S 756. LIMITS ON LEAVE. NO EMPLOYER THAT IS SUBJECT TO THE PROVISIONS OF THIS ARTICLE IS REQUIRED TO GRANT SCHOOL CONFERENCE AND ACTIVITY LEAVE TO AN EMPLOYEE IF GRANTING THE LEAVE WOULD RESULT IN MORE THAN FIVE PERCENT OF THE EMPLOYERS' WORK FORCE TAKING SCHOOL CONFERENCE OR ACTIVITY LEAVE AT THE SAME TIME. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.