S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6705

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2009
                               ___________

Introduced by M. of A. MILLER -- read once and referred to the Committee
  on Labor

AN  ACT  to  amend the labor law, in relation to enacting the "no parent
  left outside act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. This act shall be known and may be cited as the "no parent
left outside act".
  S 2. The labor law is amended by adding a new article 21  to  read  as
follows:
                                ARTICLE 21
                       NO PARENT LEFT OUTSIDE ACT
SECTION 750. DEFINITIONS.
        751. SCHOOL CONFERENCE AND ACTIVITY LEAVE.
        752. REIMBURSEMENT FOR LOST WAGES.
        753. NOTIFICATION.
        754. VERIFICATION.
        755. EMPLOYEE RIGHTS.
        756. LIMITS ON LEAVE.

  S 750. 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 EMPLOYER'S JOB CLASSIFICATION, AS
DEFINED BY THE EMPLOYER'S 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.
                                                           LBD09640-01-9

              

A. 6705                             2

  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.
  S 751. SCHOOL CONFERENCE AND ACTIVITY LEAVE. 1. AN EMPLOYER MUST GRANT
AN  EMPLOYEE  LEAVE  OF  UP TO A TOTAL OF TWENTY HOURS DURING ANY SCHOOL
YEAR, NO MORE THAN FOUR HOURS OF WHICH MAY BE TAKEN ON ANY GIVEN DAY, TO
ATTEND SCHOOL CONFERENCES OR CLASSROOM ACTIVITIES RELATED TO THE EMPLOY-
EE'S CHILD IF THE CONFERENCE OR CLASSROOM ACTIVITIES CANNOT BE SCHEDULED
DURING NONWORK HOURS; HOWEVER, 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.  FOR  REGULARLY  SCHEDULED, NONEMERGENCY CONFERENCES OR ACTIVITIES,
SCHOOLS SHALL MAKE TIME AVAILABLE FOR  SUCH  CONFERENCES  OR  ACTIVITIES
DURING  BOTH  REGULAR SCHOOL HOURS AND EVENING HOURS. WHENEVER POSSIBLE,
SCHOOLS SHALL NOTIFY THE PARENT OR GUARDIAN IN WRITING OF THE  NECESSITY
OF  ATTENDANCE  AT A CONFERENCE OR ACTIVITY AT LEAST SEVEN DAYS PRIOR TO
THE CONFERENCE OR ACTIVITY IN ORDER TO ENSURE THE PARENT  OR  GUARDIAN'S
ABILITY TO COMPLY WITH SUBDIVISION ONE OF THIS SECTION.
  S  752.  REIMBURSEMENT  FOR  LOST WAGES. 1. A PARENT OR GUARDIAN WHOSE
ANNUAL SALARY EQUIVALENT IS NOT GREATER THAN ONE HUNDRED  FIFTY  PERCENT
OF  POVERTY  LEVEL, WHO ATTENDS A SCHOOL CONFERENCE OR ACTIVITY PURSUANT
TO THIS ARTICLE SHALL RECEIVE COMPENSATION FOR LOST WAGES IN THE  AMOUNT
OF  THE  CURRENT  MINIMUM WAGE PLUS TWO DOLLARS PER HOUR OR NO MORE THAN
HIS OR HER CURRENT WAGE, WHICHEVER IS LESS.
  2. REIMBURSEMENT SHALL BE MADE  AVAILABLE  BY  THE  SCHOOL  WHERE  THE
CONFERENCE  OR  ACTIVITY IS HELD. THE SCHOOL SHALL COMPLETE A VOUCHER TO
BE SUBMITTED TO THE COMMISSIONER OF EDUCATION WHO SHALL REMIT REIMBURSE-
MENT DIRECTLY TO THE PARENT OR GUARDIAN.   THE PARENT OR  GUARDIAN  MUST
SHOW ACCEPTABLE PROOF OF LOST WAGES.
  3. THE COMMISSIONER OF EDUCATION IS AUTHORIZED TO PROMULGATE ANY RULES
AND  REGULATIONS  NECESSARY  FOR  THE  EFFECTIVE  IMPLEMENTATION OF THIS
SECTION.
  S 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
ARTICLE.

A. 6705                             3

  S 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.
  S  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.
  S 756. LIMITS ON LEAVE. NO EMPLOYER THAT IS SUBJECT TO THE  PROVISIONS
OF  THIS  ARTICLE  IS  REQUIRED  TO GRANT SCHOOL CONFERENCE AND ACTIVITY
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.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.