Bill Text: NY A05047 | 2021-2022 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to labor [A05047 Detail]

Download: New_York-2021-A05047-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5047

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 10, 2021
                                       ___________

        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee 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-A  to
     2  read as follows:
     3                                ARTICLE 21-A
     4                         MAKE TIME FOR PARENTING ACT
     5  Section 785. Short title.
     6          786. Definitions.
     7          787. School conference and activity leave.
     8          788. Notification.
     9          789. Verification.
    10          790. Employee rights.
    11          791. Limits on leave.
    12          792. Enforcement.
    13    §  785.  Short  title. This article shall be known and may be cited as
    14  the "make time for parenting act".
    15    § 786. 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.
                                                                   LBD00229-01-1
        A. 5047                             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    §  787.  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 eighty-six 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    § 788. 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    § 789. 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    §  790. 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    § 791. Limits on leave. No employer that is subject to the  provisions
    56  of  this  article  is  required  to grant school conference and activity
        A. 5047                             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    §  792.  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    § 2. This act shall take effect on the one hundred eightieth day after
    11  it shall have become a law.