Bill Text: NY S02453 | 2009-2010 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2010-06-10 - REPORTED AND COMMITTED TO FINANCE [S02453 Detail]

Download: New_York-2009-S02453-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2453
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   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:
    1    Section 1. The labor law is amended by adding a new article 21 to read
    2  as follows:
    3                                 ARTICLE 21
    4                       PARENTAL INVOLVEMENT LEAVE 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    S  750.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
   13  THE "PARENTAL INVOLVEMENT LEAVE ACT".
   14    S 751. DEFINITIONS. AS USED IN THIS ARTICLE:
   15    1. THE TERM "EMPLOYEE" MEANS A PERSON WHO PERFORMS SERVICES  FOR  HIRE
   16  FOR AN EMPLOYER FOR:
   17    A. AT LEAST SIX CONSECUTIVE MONTHS IMMEDIATELY PRECEDING A REQUEST FOR
   18  LEAVE UNDER THIS ARTICLE; AND
   19    B.  AN AVERAGE NUMBER OF HOURS PER WEEK EQUAL TO AT LEAST ONE-HALF THE
   20  FULL-TIME EQUIVALENT POSITIONS IN THE EMPLOYERS' JOB CLASSIFICATION,  AS
   21  DEFINED  BY THE EMPLOYERS' PERSONNEL POLICIES OR PRACTICES OR IN ACCORD-
   22  ANCE WITH A COLLECTIVE BARGAINING AGREEMENT, DURING THOSE SIX MONTHS.
   23    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
    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    S 752. SCHOOL CONFERENCE AND ACTIVITY LEAVE. 1. AN EMPLOYER MUST GRANT
   14  AN  EMPLOYEE  LEAVE  OF UP TO A TOTAL OF SIXTEEN HOURS DURING ANY SCHOOL
   15  YEAR, NO MORE THAN FOUR HOURS OF WHICH MAY BE TAKEN ON ANY GIVEN DAY, TO
   16  ATTEND SCHOOL CONFERENCES OR CLASSROOM ACTIVITIES RELATED TO THE EMPLOY-
   17  EE'S CHILD IF THE CONFERENCE OR CLASSROOM ACTIVITIES CANNOT BE SCHEDULED
   18  DURING NONWORK HOURS; HOWEVER, NO LEAVE MAY BE TAKEN BY AN  EMPLOYEE  OF
   19  AN EMPLOYER THAT IS SUBJECT TO THE PROVISIONS OF THIS ARTICLE UNLESS THE
   20  EMPLOYEE  HAS  EXHAUSTED  ALL  ACCRUED  VACATION  LEAVE, PERSONAL LEAVE,
   21  COMPENSATORY LEAVE AND ANY OTHER  LEAVE  THAT  MAY  BE  GRANTED  TO  THE
   22  EMPLOYEE  EXCEPT  SICK  LEAVE  AND  DISABILITY  LEAVE.  BEFORE ARRANGING
   23  ATTENDANCE AT ANY  SUCH  CONFERENCE  OR  ACTIVITY,  THE  EMPLOYEE  SHALL
   24  PROVIDE  THE  EMPLOYER  WITH  A WRITTEN REQUEST FOR LEAVE AT LEAST SEVEN
   25  DAYS PRIOR TO THE TIME THE EMPLOYEE IS REQUIRED TO UTILIZE  SUCH  LEAVE.
   26  IN  EMERGENCY SITUATIONS, NO MORE THAN TWENTY-FOUR HOURS NOTICE SHALL BE
   27  REQUIRED. THE EMPLOYEE MUST CONSULT WITH THE EMPLOYER  TO  SCHEDULE  THE
   28  LEAVE SO AS NOT TO UNDULY DISRUPT THE OPERATIONS OF THE EMPLOYER.
   29    2.  NOTHING  IN THIS ARTICLE REQUIRES THAT AN EMPLOYEE RECEIVE COMPEN-
   30  SATION FOR THE DURATION OF SUCH LEAVE.
   31    3. FOR REGULARLY SCHEDULED, NON EMERGENCY CONFERENCES  OR  ACTIVITIES,
   32  SCHOOLS  SHALL  MAKE  TIME  AVAILABLE FOR SUCH CONFERENCES OR ACTIVITIES
   33  DURING BOTH REGULAR SCHOOL HOURS AND EVENING HOURS.
   34    S 753. NOTIFICATION. THE COMMISSIONER OF EDUCATION SHALL  NOTIFY  EACH
   35  PUBLIC AND PRIVATE PRIMARY AND SECONDARY SCHOOL REGARDING THE PROVISIONS
   36  OF THIS ARTICLE.  EACH PUBLIC AND PRIVATE SCHOOL SHALL NOTIFY PARENTS OR
   37  GUARDIANS  OF THE SCHOOL'S STUDENTS OF ITS SCHOOL VISITATION POLICY. THE
   38  DEPARTMENT SHALL NOTIFY EMPLOYERS REGARDING THE PROVISIONS OF THIS ARTI-
   39  CLE.
   40    S 754. VERIFICATION. UPON COMPLETION OF SCHOOL CONFERENCE AND ACTIVITY
   41  LEAVE BY A PARENT OR GUARDIAN AND  IF  REQUESTED,  THE  SCHOOL  ADMINIS-
   42  TRATION SHALL PROVIDE THE PARENT OR GUARDIAN DOCUMENTATION VERIFYING THE
   43  SCHOOL VISIT. EMPLOYERS MAY REQUEST THIS VERIFICATION AND EMPLOYEES MUST
   44  SUBMIT SAME.
   45    S  755. EMPLOYEE RIGHTS. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
   46  AFFECT AN EMPLOYER'S OBLIGATION TO COMPLY WITH ANY COLLECTIVE BARGAINING
   47  AGREEMENT OR EMPLOYEE  BENEFIT  PLAN.  NOTHING  IN  THIS  ARTICLE  SHALL
   48  PREVENT  AN EMPLOYER FROM APPROVING SCHOOL CONFERENCE AND ACTIVITY LEAVE
   49  IN EXCESS OF THE REQUIREMENTS OF THIS ARTICLE.
   50    S 756. LIMITS ON LEAVE. NO EMPLOYER THAT IS SUBJECT TO THE  PROVISIONS
   51  OF  THIS  ARTICLE  IS  REQUIRED  TO GRANT SCHOOL CONFERENCE AND ACTIVITY
   52  LEAVE TO AN EMPLOYEE IF GRANTING THE LEAVE WOULD  RESULT  IN  MORE  THAN
   53  FIVE  PERCENT  OF  THE EMPLOYERS' WORK FORCE TAKING SCHOOL CONFERENCE OR
   54  ACTIVITY LEAVE AT THE SAME TIME.
   55    S 2. This act shall take effect on the one hundred twentieth day after
   56  it shall have become a law.