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:

  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.