Assembly Bill A9362

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9362
 
                           I N  A S S E M B L Y
 
                               March 6, 2024
                                ___________
 
 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:
 
   Section 1. The labor law is amended by adding a new  article  21-B  to
 read as follows:
                               ARTICLE 21-B
                        MAKE TIME FOR PARENTING ACT
 SECTION 790. SHORT TITLE.
         791. DEFINITIONS.
         792. SCHOOL CONFERENCE AND ACTIVITY LEAVE.
         793. NOTIFICATION.
         794. VERIFICATION.
         795. EMPLOYEE RIGHTS.
         796. LIMITS ON LEAVE.
         797. ENFORCEMENT.
   §  790.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "MAKE TIME FOR PARENTING ACT".
   § 791. 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 EMPLOYERS' JOB CLASSIFICATION,  AS
 DEFINED  BY THE EMPLOYERS' 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.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14592-01-4
              

 A. 9362                             2
 
 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.
   7.  THE  TERM  "NEGATIVE  ACTION"  MEANS  THE DISCHARGE, SUSPENSION OR
 DEMOTION OF AN  EMPLOYEE,  OR  OTHER  ADVERSE  EMPLOYMENT  ACTION  TAKEN
 AGAINST AN EMPLOYEE IN THE TERMS AND CONDITIONS OF EMPLOYMENT.
   §  792.  SCHOOL  CONFERENCE AND ACTIVITY LEAVE. 1.  SHOULD AN EMPLOYEE
 LEAVE DURING ANY SCHOOL YEAR, NO MORE THAN FOUR HOURS OF  WHICH  MAY  BE
 TAKEN ON ANY GIVEN DAY, TO ATTEND SCHOOL CONFERENCES OR CLASSROOM ACTIV-
 ITIES  RELATED  TO  THE  EMPLOYEE'S CHILD IF THE CONFERENCE OR CLASSROOM
 ACTIVITIES CANNOT BE SCHEDULED DURING NON-WORK HOURS  SUCH  AN  EMPLOYEE
 SHALL  NOT BE PENALIZED WITH ANY NEGATIVE ACTION, AS DEFINED IN SUBDIVI-
 SION SEVEN OF SECTION SEVEN HUNDRED NINETY-ONE OF THIS ARTICLE, FOR SUCH
 ACTIVITY.  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.  NOTHING  IN THIS ARTICLE REQUIRES THAT AN EMPLOYEE RECEIVE COMPEN-
 SATION FOR THE DURATION OF SUCH LEAVE.
   3. FOR REGULARLY SCHEDULED, NON-EMERGENCY CONFERENCES  OR  ACTIVITIES,
 SCHOOLS  SHALL  MAKE  TIME  AVAILABLE FOR SUCH CONFERENCES OR ACTIVITIES
 DURING BOTH REGULAR SCHOOL HOURS AND EVENING HOURS.
   § 793. 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 ARTI-
 CLE.
   § 794. 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.
   §  795. 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.
   § 796. 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.
 A. 9362                             3
 
   § 797. ENFORCEMENT. THE DEPARTMENT SHALL BE AUTHORIZED  TO  PROMULGATE
 RULES  AND REGULATIONS TO ENFORCE THE PROVISIONS OF THIS ARTICLE. SHOULD
 AN EMPLOYER BE FOUND IN VIOLATION OF THIS ARTICLE PURSUANT TO THE  RULES
 AND  REGULATIONS  SET  FORTH  BY  THE  DEPARTMENT SUCH EMPLOYER SHALL BE
 SUBJECT TO A FINE OF NO MORE THAN ONE THOUSAND DOLLARS PER VIOLATION AND
 SUCH NEGATIVE ACT SHALL BE REVERSED.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.