S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3749--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2017
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Labor  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the labor law and the education 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-RELATED EVENT LEAVE.
         753. EMPLOYEE NOTICE.
         754. EMPLOYEE RIGHTS.
         755. NOTIFICATION.
         756. ADMINISTRATIVE ENFORCEMENT AND PENALTIES.
         757. EXISTING RIGHTS AND REMEDIES PRESERVED.
   §  750.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "PARENTAL INVOLVEMENT LEAVE ACT".
   § 751. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "EMPLOYEE" SHALL MEAN ANY PERSON EMPLOYED FOR HIRE BY  AN  EMPLOYER
 IN  ANY EMPLOYMENT UPON THE COMPLETION OF FOUR WEEKS OF EMPLOYMENT FOR A
 FULL-TIME EMPLOYEE OR TWENTY-FIVE DAYS OF  EMPLOYMENT  FOR  A  PART-TIME
 EMPLOYEE;
   2. "EMPLOYER" SHALL MEAN ANY PERSON OR ENTITY EMPLOYING ANY INDIVIDUAL
 IN  ANY  OCCUPATION, INDUSTRY, TRADE, BUSINESS OR SERVICE INCLUDING, BUT
 NOT LIMITED TO, ANY OF THE FOLLOWING: A STATE AGENCY, OFFICER OR DEPART-
 MENT, A UNIT OF LOCAL GOVERNMENT, A SCHOOL DISTRICT,  AN  INDIVIDUAL,  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05195-02-7

 S. 3749--A                          2
 
 CORPORATION,  A  PARTNERSHIP,  AN ASSOCIATION, OR A NON-PROFIT ORGANIZA-
 TION;
   3. "CHILD" SHALL MEAN A BIOLOGICAL, ADOPTED OR FOSTER CHILD, STEPCHILD
 OR  LEGAL WARD, A CHILD OF A DOMESTIC PARTNER (AS DEFINED IN SUBDIVISION
 ONE OF SECTION FOUR OF THE WORKERS' COMPENSATION LAW),  OR  A  CHILD  TO
 WHOM THE EMPLOYEE STANDS IN LOCO PARENTIS WHO IS ENROLLED IN A SCHOOL AS
 DEFINED IN SUBDIVISION FIVE OF THIS SECTION;
   4.  "PARENT" MEANS A BIOLOGICAL, FOSTER, OR ADOPTED PARENT, A STEPPAR-
 ENT, A LEGAL GUARDIAN, OR GRANDPARENT OF, OR A PERSON WHO STANDS IN LOCO
 PARENTIS TO A CHILD;
   5. "SCHOOL" MEANS ANY  PUBLIC  OR  PRIVATE  PRE-KINDERGARTEN  PROGRAM,
 ELEMENTARY, OR SECONDARY SCHOOL, LICENSED CHILD-CARE FACILITY, OR EDUCA-
 TIONAL FACILITY LOCATED WITHIN THE STATE;
   6.  "SCHOOL-RELATED  EVENT"  SHALL  MEAN AN EVENT RELATED TO A CHILD'S
 ACADEMIC ACHIEVEMENT OR TO  THE  PURSUIT  OF  EDUCATIONAL  SERVICES  AND
 PROGRAMS,  INCLUDING  BUT  NOT  LIMITED  TO, A PARENT-TEACHER MEETING, A
 DISCIPLINARY PROCEEDING, AN INDIVIDUALIZED  EDUCATION  PLAN  MEETING,  A
 CLASS PRESENTATION, A PARENT WORKSHOP, OR AN INTERVIEW FOR A NEW SCHOOL;
 AND
   7.  "RETALIATION"  SHALL  INCLUDE  ANY  THREAT, DISCIPLINE, DISCHARGE,
 DEMOTION, SUSPENSION, REDUCTION IN EMPLOYEE HOURS, TRANSFER TO UNFAVORA-
 BLE SHIFTS, DENIAL OF FAVORABLE SHIFTS, OR ANY OTHER ADVERSE  EMPLOYMENT
 ACTION AGAINST ANY EMPLOYEE FOR EXERCISING OR ATTEMPTING TO EXERCISE ANY
 RIGHT GUARANTEED UNDER THIS ARTICLE.
   § 752. SCHOOL-RELATED EVENT LEAVE.  AN EMPLOYER SHALL GRANT AN EMPLOY-
 EE  UNPAID LEAVE OF UP TO A TOTAL OF TWENTY-FOUR HOURS DURING ANY TWELVE
 MONTH PERIOD, TO ATTEND OR  PARTICIPATE  IN  ANY  SCHOOL-RELATED  EVENTS
 RELATED  TO  THE  EMPLOYEE'S CHILD IF THE SCHOOL-RELATED EVENT CANNOT BE
 REASONABLY SCHEDULED DURING NON-WORK HOURS.  SUCH LEAVE SHALL BE LIMITED
 TO FOUR HOURS ON ANY GIVEN DAY UNLESS SUCH ATTENDANCE  OR  PARTICIPATION
 CANNOT REASONABLY BE ACCOMPLISHED WITHIN FOUR HOURS.
   § 753. EMPLOYEE NOTICE. 1. IF THE NECESSITY FOR LEAVE UNDER THIS ARTI-
 CLE  IS  FORESEEABLE,  THE  EMPLOYEE  SHALL PROVIDE THE EMPLOYER WITH AT
 LEAST SEVEN DAYS' NOTICE BEFORE THE DATE THAT LEAVE IS REQUIRED. IF  THE
 NECESSITY  FOR  LEAVE IS NOT FORESEEABLE OR IS OTHERWISE DEEMED AN EMER-
 GENCY, THE EMPLOYEE SHALL PROVIDE SUCH NOTICE AS IS PRACTICABLE.
   2. IF REQUESTED BY THE EMPLOYER, AN EMPLOYEE SHALL PROVIDE  DOCUMENTA-
 TION,  AS SOON AS PRACTICABLE EITHER PRECEDING OR SOON AFTER THE SCHOOL-
 RELATED EVENT, FROM THE SCHOOL AS  PROOF  THAT  HE  OR  SHE  ENGAGED  IN
 SCHOOL-RELATED  ACTIVITIES  PERMITTED IN SECTION SEVEN HUNDRED FIFTY-TWO
 OF THIS ARTICLE ON A  SPECIFIC  DATE  AND  AT  A  PARTICULAR  TIME.  FOR
 PURPOSES OF THIS SUBDIVISION, "DOCUMENTATION" SHALL MEAN WRITTEN VERIFI-
 CATION THAT THE SCHOOL DEEMS APPROPRIATE AND REASONABLE.
   §  754.  EMPLOYEE  RIGHTS.  1.  RETALIATION  AGAINST AN EMPLOYEE BY AN
 EMPLOYER FOR EXERCISING HIS OR HER RIGHTS UNDER THIS  SECTION  SHALL  BE
 PROHIBITED.   NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO SUPERSEDE OR
 REPLACE OR DIMINISH IN ANY WAY SECTION TWO HUNDRED FIFTEEN OF THIS CHAP-
 TER.
   2. THE LEAVE PROVIDED BY THIS ARTICLE SHALL CONSIST  OF  UNPAID  LEAVE
 UNLESS  THE  EMPLOYEE  ELECTS  TO  USE ANY PAID LEAVE, INCLUDING BUT NOT
 LIMITED TO, VACATION OR PERSONAL LEAVE.
   § 755. NOTIFICATION.  1.  THE  DEPARTMENT  SHALL  DEVELOP  COURSES  OF
 INSTRUCTION AND CONDUCT ONGOING PUBLIC EDUCATION EFFORTS AS NECESSARY TO
 INFORM  EMPLOYERS,  EMPLOYEES,  EMPLOYMENT  AGENCIES, AND JOB APPLICANTS
 ABOUT THEIR RIGHTS AND RESPONSIBILITIES UNDER THIS ARTICLE. THE  DEPART-
 MENT  SHALL  WORK WITH THE DEPARTMENT OF EDUCATION TO NOTIFY EACH PUBLIC

 S. 3749--A                          3
 
 AND PRIVATE PRIMARY AND SECONDARY SCHOOL  REGARDING  THE  PROVISIONS  OF
 THIS ARTICLE.
   2.  THE DEPARTMENT OF EDUCATION SHALL NOTIFY EACH SCHOOL REGARDING THE
 PROVISIONS OF THIS ARTICLE. EACH PUBLIC AND PRIVATE SCHOOL SHALL  NOTIFY
 PARENTS  WITH A CHILD ENROLLED IN THE SCHOOL OF THE SCHOOL-RELATED EVENT
 LEAVE POLICY PROVIDED UNDER THIS ARTICLE.
   § 756. ADMINISTRATIVE ENFORCEMENT  AND  PENALTIES.  1.  ANY  EMPLOYEE,
 PERSON  OR  ORGANIZATION  ACTING ON THE EMPLOYEE'S BEHALF, OR THE RECOG-
 NIZED AND CERTIFIED COLLECTIVE BARGAINING AGENT ACTING ON THE EMPLOYEE'S
 BEHALF, MAY FILE WITH THE COMMISSIONER A COMPLAINT REGARDING A VIOLATION
 OF THIS ARTICLE WITHIN ONE YEAR FROM THE DATE OF THE  ALLEGED  VIOLATION
 AGAINST THE EMPLOYER WHO VIOLATES THIS ARTICLE.
   2.  THE  COMMISSIONER  SHALL  HAVE  THE  POWER TO REQUIRE EMPLOYERS TO
 PROVIDE THE COMPLAINING EMPLOYEE: (A) ANY WAGES OR BENEFITS  LOST  AS  A
 RESULT  OF  THE VIOLATION; OR (B) AN ORDER OF REINSTATEMENT WITHOUT LOSS
 OF POSITION, SENIORITY, WAGES, OR BENEFITS.
   3. THE COMMISSIONER SHALL ALSO HAVE  THE  POWER  TO  IMPOSE  PENALTIES
 PROVIDED  FOR  IN THIS ARTICLE. SUCH PENALTIES INCLUDE A FINE PAYABLE TO
 THE STATE IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS FOR THE  FIRST
 VIOLATION  AND, FOR SUBSEQUENT VIOLATIONS THAT OCCUR WITHIN TWO YEARS OF
 ANY PREVIOUS VIOLATION, NOT TO EXCEED SEVEN HUNDRED  FIFTY  DOLLARS  FOR
 THE  SECOND  VIOLATION,  AND NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH
 SUCCEEDING VIOLATION.
   § 757. EXISTING RIGHTS AND REMEDIES  PRESERVED.  1.  NOTHING  IN  THIS
 ARTICLE  SHALL  IN  ANY  WAY CONTRAVENE OR LIMIT THE RIGHTS, REMEDIES OR
 PRIVILEGES WHICH ARE OTHERWISE AVAILABLE TO AN EMPLOYEE UNDER ANY  OTHER
 PROVISION OF LAW, INCLUDING BUT NOT LIMITED TO, THE HUMAN RIGHTS LAW.
   2.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AFFECT AN EMPLOYER'S
 OBLIGATION TO COMPLY WITH ANY COLLECTIVE BARGAINING AGREEMENT OR EMPLOY-
 EE BENEFIT PLAN.
   3. NOTHING IN THIS ARTICLE SHALL PREVENT AN  EMPLOYER  FROM  APPROVING
 LEAVE IN EXCESS OF THE REQUIREMENTS OF THIS ARTICLE.
   4.  NOTHING  IN THIS ARTICLE SHALL BE CONSTRUED TO PREVENT AN EMPLOYER
 POLICY OR LOCAL OR MUNICIPAL  LAW  FROM  PROVIDING  ADDITIONAL  OR  MORE
 GENEROUS SCHOOL-RELATED LEAVE BEYOND THAT REQUIRED IN THIS ARTICLE.
   §  2. The education law is amended by adding a new section 115 to read
 as follows:
   § 115. PARENTAL LEAVE INVOLVEMENT.  THE  DEPARTMENT,  IN  CONSULTATION
 WITH  THE  DEPARTMENT  OF  LABOR, SHALL NOTIFY EACH SCHOOL REGARDING THE
 PROVISIONS OF ARTICLE TWENTY-ONE OF THE LABOR LAW AND  SHALL  PROMULGATE
 RULES  AND REGULATIONS FOR THE PROMOTION AND COMMUNICATION OF SUCH BENE-
 FITS TO THE PARENTS OF ENROLLED  STUDENTS.    EACH  PUBLIC  AND  PRIVATE
 SCHOOL  SHALL  NOTIFY PARENTS WITH A CHILD ENROLLED IN THE SCHOOL OF THE
 SCHOOL-RELATED EVENT LEAVE BENEFIT.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.