Bill Text: NJ A1980 | 2010-2011 | Regular Session | Introduced
Bill Title: Authorizes leave for parents and guardians of children with special needs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-08 - Introduced, Referred to Assembly Labor Committee [A1980 Detail]
Download: New_Jersey-2010-A1980-Introduced.html
Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington and Camden)
SYNOPSIS
Authorizes leave for parents and guardians of children with special needs.
CURRENT VERSION OF TEXT
As introduced.
An Act authorizing leave for certain parents and guardians of children with special needs attending a public school and supplementing Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Child with special needs" means a biological, adopted or foster child, stepchild, legal ward or child of a parent who:
(1) Is less than 18 years of age or is 18 years of age or older but incapable to self-care because of a mental or physical impairment; and
(2) Has identified specific academic needs or disciplinary concerns, including, but not limited to, behavior problems, social problems, problems with tardiness or lateness or health-related concerns.
"Commissioner" means the Commissioner of Education.
"Employ" means to suffer or permit to work for compensation, and includes ongoing, contractual relationships in which the employer retains substantial direct or indirect control over the employee's employment opportunities or terms and conditions of employment.
"Employee" means a person who is employed for at least 12 months by an employer, with respect to whom benefits are sought under this act, for not less than 1,000 base hours during the immediately preceding 12 month period.
"Employer" means a person or corporation, partnership, individual proprietorship, joint venture, firm or company or other similar legal entity which engages the services of an employee and which from the effective date of this act, employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the then current or immediately preceding calendar year. "Employer" includes the State, any political subdivision thereof, and all public offices, agencies, boards and bodies.
"Employment benefits" means all benefits and policies provided or made available to employees by an employer, and includes group life insurance, health insurance, disability insurance, sick leave, annual leave, pensions, or similar benefits.
"Identified" means an informal or formal determination by a parent, school teacher or school administrator that the child has specific academic needs or problems or disciplinary concerns, including but not limited to behavior problems, social problems, problems with tardiness or lateness or health-related concerns. An Individualized Education Plan is not required in a determination that a child has identified needs.
"Parent" means a person who is the biological parent, adoptive parent, foster parent, stepparent, parent-in-law or legal guardian, having a parent-child relationship with a child as defined by law, or having sole or joint legal or physical custody, care, guardianship, or visitation with child.
"Reduced leave schedule" means leave scheduled for fewer than an employee's usual number of hours worked per workweek.
2. a. Any employee of an employer in this State who is the parent of a child with special needs enrolled in a public school shall be entitled, in addition to the 12 weeks of family leave provided by the Family Leave Act, P.L.1989, c.261 (C.34:11B-1 et seq.), to leave of 24 hours in any 12-month period, for the purpose of attending any school-related conference, meeting, event, or function which is requested or required by the school administration, by any school teacher, or by any professional staff member who has any responsibility for the education of the child, and the leave shall be provided by the employer with full pay, benefits, and emoluments of employment.
b. In cases of a parent taking leave to attend a school-related conference, meeting, event or function, the principal of the child's school shall provide the employee with prior written notice of the need for the leave, which the employee shall provide to the employer, and subsequent certification of the employee's attendance. The prior notice shall be provided to the employer as far in advance as is reasonable and practical under the circumstances, and in a manner which is consistent with any applicable regulations promulgated by the commissioner. The leave provided by an employer to one parent for a meeting, conference, event or school function shall not relieve the employer of the obligation to grant leave to the other parent under this section, irrespective of whether both parents are employed by the same or by a different employer.
c. An employee shall be entitled, at the employee's option, to take this leave on a reduced leave schedule.
3. This act shall not limit, restrict, or reduce any employee's right to leave under the Family Leave Act, P.L.1989, c.261 (C.34:11B-1 et seq.), or the federal Family and Medical Leave Act of 1993, Pub.L. 103-3 (29 U.S.C. s.2601 et seq.), or under any collective agreement or other employer policy.
4. An employer shall display conspicuous notice of its employees' rights and obligations pursuant to the provisions of this act, and use other appropriate means to keep its employees so informed.
5. a. It shall be unlawful for any employer to interfere with, restrain or deny the exercise of, or the attempt to exercise, the rights provided under this act or to withhold the benefits provided for under this act.
b. It shall be unlawful for any employer to discharge or discriminate against an individual for opposing a practice made unlawful by this act.
c. It shall be unlawful for a person to discharge or discriminate against an individual because the individual: has filed a charge, or has instituted or caused to be instituted a proceeding, under or related to this act; has given or is about to give information in connection with an inquiry or proceeding relating to a right provided under this act; or has testified or is about to testify in an inquiry or proceeding relating to a right provided under this act.
6. The penalty for an employer violating this act is, in addition to other relief or affirmative action provided by law, not more than $2,000 for the first offense and not more than $5,000 for the second and each subsequent offense, to be recovered in a summary civil action in the name of the Attorney General and collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
7. Any person may initiate suit in Superior Court or file a complaint with the Division of Civil Rights on either an individual or class basis. In addition to the remedies provided in section 16 of P.L.1945, c.169 (C.10:5-17), the aggrieved party may be awarded punitive damages in an amount not greater than $10,000 except that in the case of a class action or a director's complaint the total amount of punitive damages shall not exceed $500,000 or 1% of the net worth of the defendant, whichever is less. In determining the amount of punitive damages, the court or director shall consider, among other relevant factors, the amount of compensatory damages awarded, the amount of civil penalty to be paid by the employer, the frequency and persistence of the violation of this act by the employer, the resources of the employer, and whether the employer's failure to comply with this act was intentional. In an action or complaint brought under this act, the prevailing party may be awarded reasonable attorneys' fees as part of this case, provided however, that no attorneys' fees shall be awarded to the employer unless there is a determination that the action was brought in bad faith.
8. No provision of this act shall be deemed to justify an employer in reducing employment benefits provided by the employer or required by a collective bargaining agreement which are in excess of those required by this act. Nor shall any provision of this act, or any regulations promulgated to implement or enforce this act, be construed to prohibit the negotiation and provision through collective bargaining agreements of leave policies or benefit programs which provide benefits in excess of those required by this act. This provision shall apply irrespectively of the date that a collective bargaining agreement takes effect.
9. The Commissioner shall promulgate rules and regulations in accordance with the "Administrative Procedures Act" P.L.1968, c.410 (C.52:14B-1 et seq.) deemed necessary for the implementation and enforcement of this act.
10. This act shall take effect immediately.
STATEMENT
This bill supplements Title 18A of the New Jersey Statutes to provide up to 24 hours in family leave time during any 12-month period for a parent or guardian of a child with special needs enrolled in a public school, if the parent or guardian works for a public employer or a private employer who employs 50 or more employees. The leave time is provided to attend any conference, meeting, function or other event requested or required by the school administration or any responsible teacher or professional staff member. The bill requires the employer to provide full pay, benefits and emoluments of employment during the leave. Both parents or guardians are entitled to the leave, whether or not they work for the same employer.
The principal of the child's school is required to provide prior notice of the need for the leave and subsequent certification of the employee's attendance. The employee is required provide the prior written notice to the employer as early as possible. The employee may take the leave on a reduced leave schedule.
This bill does not limit, restrict or reduce an employee's right to leave under New Jersey's "Family Leave Act," the federal Family and Medical Leave Act of 1993 or any collective bargaining agreement or other employer policy. Employers are required to post notice of employee rights and obligations under the bill.
The bill prohibits employers from interfering with, restraining or denying employees the exercise of rights provided by the bill, and from discriminating against or discharging employees for filing charges against, providing information about, or otherwise opposing practices prohibited by the bill. Penalties are set at not more than $2,000 for the first offense and not more than $5,000 for each subsequent offense. Individuals may also initiate suits in Superior Court or file with the Division of Civil Rights.
Studies show that parental involvement is key to a child's success, especially academic success. The importance of communication between parents and teachers, relative to the progress of their children, especially children at risk, cannot be underestimated. This bill will remove a potential barrier to parents who seek to become more actively involved in their child's schooling and academic career.
