S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2318
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 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:

   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.
   § 750. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
 THE "MAKE TIME FOR PARENTING ACT".
   § 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.
                                                            LBD04245-01-9
              

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   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.
   §  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.
   §  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.
   § 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.
   § 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.
   §  756. LIMITS ON LEAVE. NO EMPLOYER THAT IS SUBJECT TO THE PROVISIONS
 OF THIS ARTICLE IS REQUIRED TO  GRANT  SCHOOL  CONFERENCE  AND  ACTIVITY

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 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.
   §  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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.