New Jersey-2018-A3279-Introduced

An Act authorizing leave from work for certain parents and guardians to attend school-related events 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:

"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. "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.

"Parent" means a person who is the biological parent, adoptive parent, foster parent, stepparent, parent-in-law or legal guardian of a child, having a parent-child relationship with the child as defined by law, or having sole or joint legal or physical custody, care, guardianship, or visitation with the 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 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 eight hours in any 12-month period, for the purpose of attending any school-related conference, meeting, function or other event which is requested or required by the school administration, a teacher, or any professional staff member who has any responsibility for the education of the child of whom the employee is a parent.

b. In cases of a parent taking leave to attend a school-related conference, meeting, function, or other event, 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 under this section to grant leave to the other parent, whether both parents are employed by the same employer 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. 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.

4. 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.

5. In addition to other relief or affirmative action provided by law, an employer violating any provision of this act shall be liable for a penalty of 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.).

6. 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 for 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.

7. No provision of this act or regulation adopted pursuant to this act shall be construed or deemed:

a. To 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 (29U.S.C. s.2601 et seq.), or under any collective bargaining agreement or other employer policy;

b. To prohibit the negotiation and provision through a collective bargaining agreement of leave policies or benefit programs which provide benefits in excess of those required by this act, irrespective of the date on which the collective bargaining agreement takes effect; or

c. 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.

8. The commissioner shall adopt 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.

9. This act shall take effect immediately.

STATEMENT

This bill provides up to 8 hours of leave time during any 12-month period for a parent or guardian of a child enrolled in a public school to attend any conference, meeting, function or other event requested or required by the school administration or any responsible teacher or professional staff member. 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.