 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3983
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 30, 2017
                                       ___________
 
        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:

     1    Section 1. The labor law is amended by adding a new article 21 to read
     2  as follows:
     3                                 ARTICLE 21
     4                         MAKE TIME FOR PARENTING ACT
     5  Section 750. Short title.
     6          751. Definitions.
     7          752. School conference and activity leave.
     8          753. Notification.
     9          754. Verification.
    10          755. Employee rights.
    11          756. Limits on leave.
    12          757. Enforcement.
    13    § 750. Short title. This article shall be known and may  be  cited  as
    14  the "make time for parenting act".
    15    § 751. Definitions. As used in this article:
    16    1.  The  term "employee" means a person who performs services for hire
    17  for an employer for:
    18    a. at least six consecutive months immediately preceding a request for
    19  leave under this article; and
    20    b. an average number of hours per week equal to at least one-half  the
    21  full-time  equivalent positions in the employers' job classification, as
    22  defined by the employers' personnel policies or practices or in  accord-
    23  ance with a collective bargaining agreement, during those six months.
    24    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.
                                                                   LBD04568-01-7

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     1    3.  The  term  "employer"  means any of the following: a state agency,
     2  officer, or department, a unit of local government, a  school  district,
     3  an  individual,  a  corporation,  a  partnership,  an  association, or a
     4  nonprofit organization which employs fifty  or  more  employees  in  the
     5  state of New York.
     6    4.  The  term  "child"  means a biological, adopted or foster child, a
     7  stepchild or a legal ward of an employee who is enrolled in a primary or
     8  secondary public or private school in this state.
     9    5. The term "school" means any public or private primary or  secondary
    10  school or educational facility located in this state.
    11    6. The term "school administrator" means a principal or similar admin-
    12  istrator who is responsible for the operations of a school.
    13    7.  The  term  "negative  action"  means  the discharge, suspension or
    14  demotion of an  employee,  or  other  adverse  employment  action  taken
    15  against an employee in the terms and conditions of employment.
    16    §  752.  School  conference and activity leave. 1.  Should an employee
    17  leave during any school year, no more than four hours of  which  may  be
    18  taken on any given day, to attend school conferences or classroom activ-
    19  ities  related  to  the  employee's child if the conference or classroom
    20  activities cannot be scheduled during non-work hours  such  an  employee
    21  shall  not be penalized with any negative action, as defined in subdivi-
    22  sion seven of section seven hundred fifty-one of this article, for  such
    23  activity.    No leave may be taken by an employee of an employer that is
    24  subject to the provisions  of  this  article  unless  the  employee  has
    25  exhausted all accrued vacation leave, personal leave, compensatory leave
    26  and  any  other  leave  that  may be granted to the employee except sick
    27  leave and disability leave. Before  arranging  attendance  at  any  such
    28  conference  or  activity, the employee shall provide the employer with a
    29  written request for leave at least seven days  prior  to  the  time  the
    30  employee  is required to utilize such leave. In emergency situations, no
    31  more than twenty-four hours notice shall be required. The employee  must
    32  consult  with  the  employer  to  schedule the leave so as not to unduly
    33  disrupt the operations of the employer.
    34    2. Nothing in this article requires that an employee  receive  compen-
    35  sation for the duration of such leave.
    36    3.  For  regularly scheduled, non emergency conferences or activities,
    37  schools shall make time available for  such  conferences  or  activities
    38  during both regular school hours and evening hours.
    39    §  753.  Notification. The commissioner of education shall notify each
    40  public and private primary and secondary school regarding the provisions
    41  of this article.  Each public and private school shall notify parents or
    42  guardians of the school's students of its school visitation policy.  The
    43  department shall notify employers regarding the provisions of this arti-
    44  cle.
    45    § 754. Verification. Upon completion of school conference and activity
    46  leave  by  a  parent  or  guardian and if requested, the school adminis-
    47  tration shall provide the parent or guardian documentation verifying the
    48  school visit. Employers may request this verification and employees must
    49  submit same.
    50    § 755. Employee rights. Nothing in this article shall be construed  to
    51  affect an employer's obligation to comply with any collective bargaining
    52  agreement  or  employee  benefit  plan.  Nothing  in  this article shall
    53  prevent an employer from approving school conference and activity  leave
    54  in excess of the requirements of this article.
    55    §  756. Limits on leave. No employer that is subject to the provisions
    56  of this article is required to  grant  school  conference  and  activity

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     1  leave  to  an  employee  if granting the leave would result in more than
     2  five percent of the employer's work force taking  school  conference  or
     3  activity leave at the same time.
     4    §  757.  Enforcement. The department shall be authorized to promulgate
     5  rules and regulations to enforce the provisions of this article.  Should
     6  an  employer be found in violation of this article pursuant to the rules
     7  and regulations set forth by  the  department  such  employer  shall  be
     8  subject to a fine of no more than one thousand dollars per violation and
     9  such negative act shall be reversed.
    10    § 2. This act shall take effect on the one hundred eightieth day after
    11  it shall have become a law.
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