S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4677

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 17, 2013
                               ___________

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:

  Section 1. The labor law is amended by adding a new article 21 to read
as follows:
                               ARTICLE 21
                       MAKE TIME FOR PARENTING ACT
SECTION 750. SHORT TITLE.
        751. DEFINITIONS.
        752. SCHOOL CONFERENCE AND ACTIVITY LEAVE.
        753. NOTIFICATION.
        754. VERIFICATION.
        755. EMPLOYEE RIGHTS.
        756. LIMITS ON LEAVE.
        757. ENFORCEMENT.
  S 750. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
THE "MAKE TIME FOR PARENTING 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.
                                                           LBD10286-01-3

              

S. 4677                             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.
  7.  THE  TERM  "NEGATIVE  ACTION"  MEANS  THE DISCHARGE, SUSPENSION OR
DEMOTION OF AN  EMPLOYEE,  OR  OTHER  ADVERSE  EMPLOYMENT  ACTION  TAKEN
AGAINST AN EMPLOYEE IN THE TERMS AND CONDITIONS OF EMPLOYMENT.
  S  752.  SCHOOL  CONFERENCE AND ACTIVITY LEAVE. 1.  SHOULD AN EMPLOYEE
LEAVE DURING ANY SCHOOL YEAR, NO MORE THAN FOUR HOURS OF  WHICH  MAY  BE
TAKEN ON ANY GIVEN DAY, TO ATTEND SCHOOL CONFERENCES OR CLASSROOM ACTIV-
ITIES  RELATED  TO  THE  EMPLOYEE'S CHILD IF THE CONFERENCE OR CLASSROOM
ACTIVITIES CANNOT BE SCHEDULED DURING NON-WORK HOURS  SUCH  AN  EMPLOYEE
SHALL  NOT BE PENALIZED WITH ANY NEGATIVE ACTION, AS DEFINED IN SUBDIVI-
SION SEVEN OF SECTION SEVEN HUNDRED FIFTY-ONE OF THIS ARTICLE, FOR  SUCH
ACTIVITY.    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

S. 4677                             3

LEAVE  TO  AN  EMPLOYEE  IF GRANTING THE LEAVE WOULD RESULT IN MORE THAN
FIVE PERCENT OF THE EMPLOYER'S WORK FORCE TAKING  SCHOOL  CONFERENCE  OR
ACTIVITY LEAVE AT THE SAME TIME.
  S  757.  ENFORCEMENT. THE DEPARTMENT SHALL BE AUTHORIZED TO PROMULGATE
RULES AND REGULATIONS TO ENFORCE THE PROVISIONS OF THIS ARTICLE.  SHOULD
AN  EMPLOYER BE FOUND IN VIOLATION OF THIS ARTICLE PURSUANT TO THE RULES
AND REGULATIONS SET FORTH BY  THE  DEPARTMENT  SUCH  EMPLOYER  SHALL  BE
SUBJECT TO A FINE OF NO MORE THAN ONE THOUSAND DOLLARS PER VIOLATION AND
SUCH NEGATIVE ACT SHALL BE REVERSED.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.