Bill Text: NY S02507 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Relates to the "make time for parenting act".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO LABOR [S02507 Detail]

Download: New_York-2015-S02507-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2507
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 26, 2015
                                      ___________
       Introduced  by  Sen.  PARKER -- 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 make time for  parent-
         ing 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 21 to read
    2  as follows:
    3                                 ARTICLE 21
    4                         MAKE TIME FOR PARENTING ACT
    5  SECTION 750. SHORT TITLE.
    6          751. DEFINITIONS.
    7          752. SCHOOL CONFERENCE AND ACTIVITY LEAVE.
    8          753. NOTIFICATION.
    9          754. VERIFICATION.
   10          755. EMPLOYEE RIGHTS.
   11          756. LIMITS ON LEAVE.
   12          757. ENFORCEMENT.
   13    S 750. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
   14  THE "MAKE TIME FOR PARENTING ACT".
   15    S 751. DEFINITIONS. AS USED IN THIS ARTICLE:
   16    1.  THE  TERM "EMPLOYEE" MEANS A PERSON WHO PERFORMS SERVICES FOR HIRE
   17  FOR AN EMPLOYER FOR:
   18    A. AT LEAST SIX CONSECUTIVE MONTHS IMMEDIATELY PRECEDING A REQUEST FOR
   19  LEAVE UNDER THIS ARTICLE; AND
   20    B. AN AVERAGE NUMBER OF HOURS PER WEEK EQUAL TO AT LEAST ONE-HALF  THE
   21  FULL-TIME  EQUIVALENT POSITIONS IN THE EMPLOYERS' JOB CLASSIFICATION, AS
   22  DEFINED BY THE EMPLOYERS' PERSONNEL POLICIES OR PRACTICES OR IN  ACCORD-
   23  ANCE WITH A COLLECTIVE BARGAINING AGREEMENT, DURING THOSE SIX MONTHS.
   24    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.
                                                                  LBD06753-01-5
       S. 2507                             2
    1    3.  THE  TERM  "EMPLOYER"  MEANS ANY OF THE FOLLOWING: A STATE AGENCY,
    2  OFFICER, OR DEPARTMENT, A UNIT OF LOCAL GOVERNMENT, A  SCHOOL  DISTRICT,
    3  AN  INDIVIDUAL,  A  CORPORATION,  A  PARTNERSHIP,  AN  ASSOCIATION, OR A
    4  NONPROFIT ORGANIZATION WHICH EMPLOYS FIFTY  OR  MORE  EMPLOYEES  IN  THE
    5  STATE OF NEW YORK.
    6    4.  THE  TERM  "CHILD"  MEANS A BIOLOGICAL, ADOPTED OR FOSTER CHILD, A
    7  STEPCHILD OR A LEGAL WARD OF AN EMPLOYEE WHO IS ENROLLED IN A PRIMARY OR
    8  SECONDARY PUBLIC OR PRIVATE SCHOOL IN THIS STATE.
    9    5. THE TERM "SCHOOL" MEANS ANY PUBLIC OR PRIVATE PRIMARY OR  SECONDARY
   10  SCHOOL OR EDUCATIONAL FACILITY LOCATED IN THIS STATE.
   11    6. THE TERM "SCHOOL ADMINISTRATOR" MEANS A PRINCIPAL OR SIMILAR ADMIN-
   12  ISTRATOR WHO IS RESPONSIBLE FOR THE OPERATIONS OF A SCHOOL.
   13    7.  THE  TERM  "NEGATIVE  ACTION"  MEANS  THE DISCHARGE, SUSPENSION OR
   14  DEMOTION OF AN  EMPLOYEE,  OR  OTHER  ADVERSE  EMPLOYMENT  ACTION  TAKEN
   15  AGAINST AN EMPLOYEE IN THE TERMS AND CONDITIONS OF EMPLOYMENT.
   16    S  752.  SCHOOL  CONFERENCE AND ACTIVITY LEAVE. 1.  SHOULD AN EMPLOYEE
   17  LEAVE DURING ANY SCHOOL YEAR, NO MORE THAN FOUR HOURS OF  WHICH  MAY  BE
   18  TAKEN ON ANY GIVEN DAY, TO ATTEND SCHOOL CONFERENCES OR CLASSROOM ACTIV-
   19  ITIES  RELATED  TO  THE  EMPLOYEE'S CHILD IF THE CONFERENCE OR CLASSROOM
   20  ACTIVITIES CANNOT BE SCHEDULED DURING NON-WORK HOURS  SUCH  AN  EMPLOYEE
   21  SHALL  NOT BE PENALIZED WITH ANY NEGATIVE ACTION, AS DEFINED IN SUBDIVI-
   22  SION SEVEN OF SECTION SEVEN HUNDRED FIFTY-ONE OF THIS ARTICLE, FOR  SUCH
   23  ACTIVITY.    NO LEAVE MAY BE TAKEN BY AN EMPLOYEE OF AN EMPLOYER THAT IS
   24  SUBJECT TO THE PROVISIONS  OF  THIS  ARTICLE  UNLESS  THE  EMPLOYEE  HAS
   25  EXHAUSTED ALL ACCRUED VACATION LEAVE, PERSONAL LEAVE, COMPENSATORY LEAVE
   26  AND  ANY  OTHER  LEAVE  THAT  MAY BE GRANTED TO THE EMPLOYEE EXCEPT SICK
   27  LEAVE AND DISABILITY LEAVE. BEFORE  ARRANGING  ATTENDANCE  AT  ANY  SUCH
   28  CONFERENCE  OR  ACTIVITY, THE EMPLOYEE SHALL PROVIDE THE EMPLOYER WITH A
   29  WRITTEN REQUEST FOR LEAVE AT LEAST SEVEN DAYS  PRIOR  TO  THE  TIME  THE
   30  EMPLOYEE  IS REQUIRED TO UTILIZE SUCH LEAVE. IN EMERGENCY SITUATIONS, NO
   31  MORE THAN TWENTY-FOUR HOURS NOTICE SHALL BE REQUIRED. THE EMPLOYEE  MUST
   32  CONSULT  WITH  THE  EMPLOYER  TO  SCHEDULE THE LEAVE SO AS NOT TO UNDULY
   33  DISRUPT THE OPERATIONS OF THE EMPLOYER.
   34    2. NOTHING IN THIS ARTICLE REQUIRES THAT AN EMPLOYEE  RECEIVE  COMPEN-
   35  SATION FOR THE DURATION OF SUCH LEAVE.
   36    3.  FOR  REGULARLY SCHEDULED, NON EMERGENCY CONFERENCES OR ACTIVITIES,
   37  SCHOOLS SHALL MAKE TIME AVAILABLE FOR  SUCH  CONFERENCES  OR  ACTIVITIES
   38  DURING BOTH REGULAR SCHOOL HOURS AND EVENING HOURS.
   39    S  753.  NOTIFICATION. THE COMMISSIONER OF EDUCATION SHALL NOTIFY EACH
   40  PUBLIC AND PRIVATE PRIMARY AND SECONDARY SCHOOL REGARDING THE PROVISIONS
   41  OF THIS ARTICLE.  EACH PUBLIC AND PRIVATE SCHOOL SHALL NOTIFY PARENTS OR
   42  GUARDIANS OF THE SCHOOL'S STUDENTS OF ITS SCHOOL VISITATION POLICY.  THE
   43  DEPARTMENT SHALL NOTIFY EMPLOYERS REGARDING THE PROVISIONS OF THIS ARTI-
   44  CLE.
   45    S 754. VERIFICATION. UPON COMPLETION OF SCHOOL CONFERENCE AND ACTIVITY
   46  LEAVE  BY  A  PARENT  OR  GUARDIAN AND IF REQUESTED, THE SCHOOL ADMINIS-
   47  TRATION SHALL PROVIDE THE PARENT OR GUARDIAN DOCUMENTATION VERIFYING THE
   48  SCHOOL VISIT. EMPLOYERS MAY REQUEST THIS VERIFICATION AND EMPLOYEES MUST
   49  SUBMIT SAME.
   50    S 755. EMPLOYEE RIGHTS. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED  TO
   51  AFFECT AN EMPLOYER'S OBLIGATION TO COMPLY WITH ANY COLLECTIVE BARGAINING
   52  AGREEMENT  OR  EMPLOYEE  BENEFIT  PLAN.  NOTHING  IN  THIS ARTICLE SHALL
   53  PREVENT AN EMPLOYER FROM APPROVING SCHOOL CONFERENCE AND ACTIVITY  LEAVE
   54  IN EXCESS OF THE REQUIREMENTS OF THIS ARTICLE.
   55    S  756. LIMITS ON LEAVE. NO EMPLOYER THAT IS SUBJECT TO THE PROVISIONS
   56  OF THIS ARTICLE IS REQUIRED TO  GRANT  SCHOOL  CONFERENCE  AND  ACTIVITY
       S. 2507                             3
    1  LEAVE  TO  AN  EMPLOYEE  IF GRANTING THE LEAVE WOULD RESULT IN MORE THAN
    2  FIVE PERCENT OF THE EMPLOYER'S WORK FORCE TAKING  SCHOOL  CONFERENCE  OR
    3  ACTIVITY LEAVE AT THE SAME TIME.
    4    S  757.  ENFORCEMENT. THE DEPARTMENT SHALL BE AUTHORIZED TO PROMULGATE
    5  RULES AND REGULATIONS TO ENFORCE THE PROVISIONS OF THIS ARTICLE.  SHOULD
    6  AN  EMPLOYER BE FOUND IN VIOLATION OF THIS ARTICLE PURSUANT TO THE RULES
    7  AND REGULATIONS SET FORTH BY  THE  DEPARTMENT  SUCH  EMPLOYER  SHALL  BE
    8  SUBJECT TO A FINE OF NO MORE THAN ONE THOUSAND DOLLARS PER VIOLATION AND
    9  SUCH NEGATIVE ACT SHALL BE REVERSED.
   10    S 2. This act shall take effect on the one hundred eightieth day after
   11  it shall have become a law.