STATE OF NEW YORK ________________________________________________________________________ 3107 2021-2022 Regular Sessions IN ASSEMBLY January 22, 2021 ___________ Introduced by M. of A. KIM, COLTON -- Multi-Sponsored by -- M. of A. PERRY -- read once and referred to the Committee on Labor 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: 1 Section 1. The labor law is amended by adding a new article 20-D to 2 read as follows: 3 ARTICLE 20-D 4 PARENTAL INVOLVEMENT LEAVE ACT 5 Section 750. Short title. 6 751. Definitions. 7 752. School-related event leave. 8 753. Employee notice. 9 754. Employee rights. 10 755. Notification. 11 756. Administrative enforcement and penalties. 12 757. Existing rights and remedies preserved. 13 § 750. Short title. This article shall be known and may be cited as 14 the "parental involvement leave act". 15 § 751. Definitions. As used in this article: 16 1. "Employee" shall mean any person employed for hire by an employer 17 in any employment upon the completion of four weeks of employment for a 18 full-time employee or twenty-five days of employment for a part-time 19 employee; 20 2. "Employer" shall mean any person or entity employing any individual 21 in any occupation, industry, trade, business or service including, but 22 not limited to, any of the following: a state agency, officer or depart- 23 ment, a unit of local government, a school district, an individual, a 24 corporation, a partnership, an association, or a non-profit organiza- 25 tion; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06013-01-1A. 3107 2 1 3. "Child" shall mean a biological, adopted or foster child, stepchild 2 or legal ward, a child of a domestic partner (as defined in subdivision 3 one of section four of the workers' compensation law), or a child to 4 whom the employee stands in loco parentis who is enrolled in a school as 5 defined in subdivision five of this section; 6 4. "Parent" means a biological, foster, or adopted parent, a steppar- 7 ent, a legal guardian, or grandparent of, or a person who stands in loco 8 parentis to a child; 9 5. "School" means any public or private pre-kindergarten program, 10 elementary, or secondary school, licensed child-care facility, or educa- 11 tional facility located within the state; 12 6. "School-related event" shall mean an event related to a child's 13 academic achievement or to the pursuit of educational services and 14 programs, including but not limited to, a parent-teacher meeting, a 15 disciplinary proceeding, an individualized education plan meeting, a 16 class presentation, a parent workshop, or an interview for a new school; 17 and 18 7. "Retaliation" shall include any threat, discipline, discharge, 19 demotion, suspension, reduction in employee hours, transfer to unfavora- 20 ble shifts, denial of favorable shifts, or any other adverse employment 21 action against any employee for exercising or attempting to exercise any 22 right guaranteed under this article. 23 § 752. School-related event leave. An employer shall grant an employ- 24 ee unpaid leave of up to a total of twenty-four hours during any twelve 25 month period, to attend or participate in any school-related events 26 related to the employee's child if the school-related event cannot be 27 reasonably scheduled during non-work hours. Such leave shall be limited 28 to four hours on any given day unless such attendance or participation 29 cannot reasonably be accomplished within four hours. 30 § 753. Employee notice. 1. If the necessity for leave under this arti- 31 cle is foreseeable, the employee shall provide the employer with at 32 least seven days' notice before the date that leave is required. If the 33 necessity for leave is not foreseeable or is otherwise deemed an emer- 34 gency, the employee shall provide such notice as is practicable. 35 2. If requested by the employer, an employee shall provide documenta- 36 tion, as soon as practicable either preceding or soon after the school- 37 related event, from the school as proof that he or she engaged in 38 school-related activities permitted in section seven hundred fifty-two 39 of this article on a specific date and at a particular time. For 40 purposes of this subdivision, "documentation" shall mean written verifi- 41 cation that the school deems appropriate and reasonable. 42 § 754. Employee rights. 1. Retaliation against an employee by an 43 employer for exercising his or her rights under this section shall be 44 prohibited. Nothing in this article shall be construed to supersede or 45 replace or diminish in any way section two hundred fifteen of this chap- 46 ter. 47 2. The leave provided by this article shall consist of unpaid leave 48 unless the employee elects to use any paid leave, including but not 49 limited to, vacation or personal leave. 50 § 755. Notification. 1. The department shall develop courses of 51 instruction and conduct ongoing public education efforts as necessary to 52 inform employers, employees, employment agencies, and job applicants 53 about their rights and responsibilities under this article. The depart- 54 ment shall work with the department of education to notify each public 55 and private primary and secondary school regarding the provisions of 56 this article.A. 3107 3 1 2. The department of education shall notify each school regarding the 2 provisions of this article. Each public and private school shall notify 3 parents with a child enrolled in the school of the school-related event 4 leave policy provided under this article. 5 § 756. Administrative enforcement and penalties. 1. Any employee, 6 person or organization acting on the employee's behalf, or the recog- 7 nized and certified collective bargaining agent acting on the employee's 8 behalf, may file with the commissioner a complaint regarding a violation 9 of this article within one year from the date of the alleged violation 10 against the employer who violates this article. 11 2. The commissioner shall have the power to require employers to 12 provide the complaining employee: (a) any wages or benefits lost as a 13 result of the violation; or (b) an order of reinstatement without loss 14 of position, seniority, wages, or benefits. 15 3. The commissioner shall also have the power to impose penalties 16 provided for in this article. Such penalties include a fine payable to 17 the state in an amount not to exceed five hundred dollars for the first 18 violation and, for subsequent violations that occur within two years of 19 any previous violation, not to exceed seven hundred fifty dollars for 20 the second violation, and not to exceed one thousand dollars for each 21 succeeding violation. 22 § 757. Existing rights and remedies preserved. 1. Nothing in this 23 article shall in any way contravene or limit the rights, remedies or 24 privileges which are otherwise available to an employee under any other 25 provision of law, including but not limited to, the human rights law. 26 2. Nothing in this article shall be construed to affect an employer's 27 obligation to comply with any collective bargaining agreement or employ- 28 ee benefit plan. 29 3. Nothing in this article shall prevent an employer from approving 30 leave in excess of the requirements of this article. 31 4. Nothing in this article shall be construed to prevent an employer 32 policy or local or municipal law from providing additional or more 33 generous school-related leave beyond that required in this article. 34 § 2. The education law is amended by adding a new section 115 to read 35 as follows: 36 § 115. Parental leave involvement. The department, in consultation 37 with the department of labor, shall notify each school regarding the 38 provisions of article twenty-D of the labor law and shall promulgate 39 rules and regulations for the promotion and communication of such bene- 40 fits to the parents of enrolled students. Each public and private 41 school shall notify parents with a child enrolled in the school of the 42 school-related event leave benefit. 43 § 3. This act shall take effect on the one hundred twentieth day after 44 it shall have become a law.