Bill Text: NY A09639 | 2023-2024 | General Assembly | Introduced
Bill Title: Enacts the "parental involvement leave act" requiring employers to grant employees up to 24 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 non-work hours; defines "employer" as any person or entity employing any individual in any occupation, industry, trade or business or service including any of the following: a state agency, office or department, a unit of local government, a school district, an individual, a corporation, a partnership, an association, or a nonprofit organization; makes related provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-03-26 - referred to labor [A09639 Detail]
Download: New_York-2023-A09639-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9639 IN ASSEMBLY March 26, 2024 ___________ Introduced by M. of A. KIM -- read once and referred to the Committee on Labor AN ACT to amend the labor law and the education 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: 1 Section 1. The labor law is amended by adding a new article 20-D to 2 read as follows: 3 ARTICLE 20-D 4 PARENTAL INVOLVEMENT LEAVE ACT 5 Section 750. Short title. 6 751. Definitions. 7 752. School-related event leave. 8 753. Employee notice. 9 754. Employee rights. 10 755. Notification. 11 756. Administrative enforcement and penalties. 12 757. Existing rights and remedies preserved. 13 § 750. Short title. This article shall be known and may be cited as 14 the "parental involvement leave act". 15 § 751. Definitions. As used in this article: 16 1. "Employee" shall mean any person employed for hire by an employer 17 in any employment upon the completion of four weeks of employment for a 18 full-time employee or twenty-five days of employment for a part-time 19 employee; 20 2. "Employer" shall mean any person or entity employing any individual 21 in any occupation, industry, trade, business or service including, but 22 not limited to, any of the following: a state agency, officer or depart- 23 ment, a unit of local government, a school district, an individual, a 24 corporation, a partnership, an association, or a non-profit organiza- 25 tion; 26 3. "Child" shall mean a biological, adopted or foster child, stepchild 27 or legal ward, a child of a domestic partner (as defined in subdivision 28 one of section four of the workers' compensation law), or a child to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02981-01-3A. 9639 2 1 whom the employee stands in loco parentis who is enrolled in a school as 2 defined in subdivision five of this section; 3 4. "Parent" means a biological, foster, or adopted parent, a steppar- 4 ent, a legal guardian, or grandparent of, or a person who stands in loco 5 parentis to a child; 6 5. "School" means any public or private pre-kindergarten program, 7 elementary, or secondary school, licensed child-care facility, or educa- 8 tional facility located within the state; 9 6. "School-related event" shall mean an event related to a child's 10 academic achievement or to the pursuit of educational services and 11 programs, including but not limited to, a parent-teacher meeting, a 12 disciplinary proceeding, an individualized education plan meeting, a 13 class presentation, a parent workshop, or an interview for a new school; 14 and 15 7. "Retaliation" shall include any threat, discipline, discharge, 16 demotion, suspension, reduction in employee hours, transfer to unfavora- 17 ble shifts, denial of favorable shifts, or any other adverse employment 18 action against any employee for exercising or attempting to exercise any 19 right guaranteed under this article. 20 § 752. School-related event leave. An employer shall grant an employ- 21 ee unpaid leave of up to a total of twenty-four hours during any twelve 22 month period, to attend or participate in any school-related events 23 related to the employee's child if the school-related event cannot be 24 reasonably scheduled during non-work hours. Such leave shall be limited 25 to four hours on any given day unless such attendance or participation 26 cannot reasonably be accomplished within four hours. 27 § 753. Employee notice. 1. If the necessity for leave under this arti- 28 cle is foreseeable, the employee shall provide the employer with at 29 least seven days' notice before the date that leave is required. If the 30 necessity for leave is not foreseeable or is otherwise deemed an emer- 31 gency, the employee shall provide such notice as is practicable. 32 2. If requested by the employer, an employee shall provide documenta- 33 tion, as soon as practicable either preceding or soon after the school- 34 related event, from the school as proof that he or she engaged in 35 school-related activities permitted in section seven hundred fifty-two 36 of this article on a specific date and at a particular time. For 37 purposes of this subdivision, "documentation" shall mean written verifi- 38 cation that the school deems appropriate and reasonable. 39 § 754. Employee rights. 1. Retaliation against an employee by an 40 employer for exercising his or her rights under this section shall be 41 prohibited. Nothing in this article shall be construed to supersede or 42 replace or diminish in any way section two hundred fifteen of this chap- 43 ter. 44 2. The leave provided by this article shall consist of unpaid leave 45 unless the employee elects to use any paid leave, including but not 46 limited to, vacation or personal leave. 47 § 755. Notification. 1. The department shall develop courses of 48 instruction and conduct ongoing public education efforts as necessary to 49 inform employers, employees, employment agencies, and job applicants 50 about their rights and responsibilities under this article. The depart- 51 ment shall work with the department of education to notify each public 52 and private primary and secondary school regarding the provisions of 53 this article. 54 2. The department of education shall notify each school regarding the 55 provisions of this article. Each public and private school shall notifyA. 9639 3 1 parents with a child enrolled in the school of the school-related event 2 leave policy provided under this article. 3 § 756. Administrative enforcement and penalties. 1. Any employee, 4 person or organization acting on the employee's behalf, or the recog- 5 nized and certified collective bargaining agent acting on the employee's 6 behalf, may file with the commissioner a complaint regarding a violation 7 of this article within one year from the date of the alleged violation 8 against the employer who violates this article. 9 2. The commissioner shall have the power to require employers to 10 provide the complaining employee: (a) any wages or benefits lost as a 11 result of the violation; or (b) an order of reinstatement without loss 12 of position, seniority, wages, or benefits. 13 3. The commissioner shall also have the power to impose penalties 14 provided for in this article. Such penalties include a fine payable to 15 the state in an amount not to exceed five hundred dollars for the first 16 violation and, for subsequent violations that occur within two years of 17 any previous violation, not to exceed seven hundred fifty dollars for 18 the second violation, and not to exceed one thousand dollars for each 19 succeeding violation. 20 § 757. Existing rights and remedies preserved. 1. Nothing in this 21 article shall in any way contravene or limit the rights, remedies or 22 privileges which are otherwise available to an employee under any other 23 provision of law, including but not limited to, the human rights law. 24 2. Nothing in this article shall be construed to affect an employer's 25 obligation to comply with any collective bargaining agreement or employ- 26 ee benefit plan. 27 3. Nothing in this article shall prevent an employer from approving 28 leave in excess of the requirements of this article. 29 4. Nothing in this article shall be construed to prevent an employer 30 policy or local or municipal law from providing additional or more 31 generous school-related leave beyond that required in this article. 32 § 2. The education law is amended by adding a new section 115 to read 33 as follows: 34 § 115. Parental leave involvement. The department, in consultation 35 with the department of labor, shall notify each school regarding the 36 provisions of article twenty-D of the labor law and shall promulgate 37 rules and regulations for the promotion and communication of such bene- 38 fits to the parents of enrolled students. Each public and private 39 school shall notify parents with a child enrolled in the school of the 40 school-related event leave benefit. 41 § 3. This act shall take effect on the one hundred twentieth day after 42 it shall have become a law.