Enacts the "parental involvement leave act" requiring employers to grant employees up to 24 hours leave during any school year to attend school conferences or classroom activities related to the employee's child if the conference or activity cannot be scheduled during non-work hours; defines "employer" as any person or entity employing any individual in any occupation, industry, trade or business or service including any of the following: a state agency, office or department, a unit of local government, a school district, an individual, a corporation, a partnership, an association, or a nonprofit organization; makes related provisions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9639
SPONSOR: Kim TITLE OF BILL:
An act to amend the labor law and the education law, in relation to the
parental involvement leave act
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to enable parents an opportunity to
attend their child's school-related functions during work hours that
cannot be scheduled during non-work hours.
SUMMARY OF PROVISIONS:
Section 1 of this bill amends the labor law by adding a new article 21
to create the Parental Involvement Leave Act.
This section states that an employer must grant an employee leave of up
to a total of twenty-four hours during any school year to attend school
conferences or classroom activities related to the employee's child that
cannot be scheduled during non-work hours. The section also outlines
notification and verification procedures, leave limits and employee
rights under this act.
JUSTIFICATION:
Studies have shown that children whose parents are actively involved in
their education are more likely to succeed academically. As a result, it
is important to ensure that parents have an opportunity to attend school
related functions that occur during regular business hours, including
parent-teacher conferences.
PRIOR LEGISLATIVE HISTORY:
2021-22:A3107/Kim -S5205/Parker -Referred to Labor
2019-20:A2195/Kim -S4815/Parker -Referred to Labor
2017-18:A1797/Kim -S3749/Parker -Referred to Labor
2015-16:A2484/Kim -S0674/Parker -Referred to Labor
2013-14:A0284/KIM -S1834/ParkerReferred to Labor
2011-12:A2536/MingS1483/Parker- Referred to Labor
2009-10:A8207/Ming- S2453/Parker- Referred to Labor
2007-08:A2314/Hoyt- S2476/Parker- Referred to Labor
2005-06:A2568/Hoyt- S0637/Parker- Referred to Labor
2003-04: A0659/Hoyt - S3703/Parker - Referred to Labor
2001-02: A6642/Hoyt/New Bill - No Same As - Referred to Labor
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the 120th day.
STATE OF NEW YORK
________________________________________________________________________
9639
IN ASSEMBLY
March 26, 2024
___________
Introduced by M. of A. KIM -- 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;
26 3. "Child" shall mean a biological, adopted or foster child, stepchild
27 or legal ward, a child of a domestic partner (as defined in subdivision
28 one of section four of the workers' compensation law), or a child to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02981-01-3
A. 9639 2
1 whom the employee stands in loco parentis who is enrolled in a school as
2 defined in subdivision five of this section;
3 4. "Parent" means a biological, foster, or adopted parent, a steppar-
4 ent, a legal guardian, or grandparent of, or a person who stands in loco
5 parentis to a child;
6 5. "School" means any public or private pre-kindergarten program,
7 elementary, or secondary school, licensed child-care facility, or educa-
8 tional facility located within the state;
9 6. "School-related event" shall mean an event related to a child's
10 academic achievement or to the pursuit of educational services and
11 programs, including but not limited to, a parent-teacher meeting, a
12 disciplinary proceeding, an individualized education plan meeting, a
13 class presentation, a parent workshop, or an interview for a new school;
14 and
15 7. "Retaliation" shall include any threat, discipline, discharge,
16 demotion, suspension, reduction in employee hours, transfer to unfavora-
17 ble shifts, denial of favorable shifts, or any other adverse employment
18 action against any employee for exercising or attempting to exercise any
19 right guaranteed under this article.
20 § 752. School-related event leave. An employer shall grant an employ-
21 ee unpaid leave of up to a total of twenty-four hours during any twelve
22 month period, to attend or participate in any school-related events
23 related to the employee's child if the school-related event cannot be
24 reasonably scheduled during non-work hours. Such leave shall be limited
25 to four hours on any given day unless such attendance or participation
26 cannot reasonably be accomplished within four hours.
27 § 753. Employee notice. 1. If the necessity for leave under this arti-
28 cle is foreseeable, the employee shall provide the employer with at
29 least seven days' notice before the date that leave is required. If the
30 necessity for leave is not foreseeable or is otherwise deemed an emer-
31 gency, the employee shall provide such notice as is practicable.
32 2. If requested by the employer, an employee shall provide documenta-
33 tion, as soon as practicable either preceding or soon after the school-
34 related event, from the school as proof that he or she engaged in
35 school-related activities permitted in section seven hundred fifty-two
36 of this article on a specific date and at a particular time. For
37 purposes of this subdivision, "documentation" shall mean written verifi-
38 cation that the school deems appropriate and reasonable.
39 § 754. Employee rights. 1. Retaliation against an employee by an
40 employer for exercising his or her rights under this section shall be
41 prohibited. Nothing in this article shall be construed to supersede or
42 replace or diminish in any way section two hundred fifteen of this chap-
43 ter.
44 2. The leave provided by this article shall consist of unpaid leave
45 unless the employee elects to use any paid leave, including but not
46 limited to, vacation or personal leave.
47 § 755. Notification. 1. The department shall develop courses of
48 instruction and conduct ongoing public education efforts as necessary to
49 inform employers, employees, employment agencies, and job applicants
50 about their rights and responsibilities under this article. The depart-
51 ment shall work with the department of education to notify each public
52 and private primary and secondary school regarding the provisions of
53 this article.
54 2. The department of education shall notify each school regarding the
55 provisions of this article. Each public and private school shall notify
A. 9639 3
1 parents with a child enrolled in the school of the school-related event
2 leave policy provided under this article.
3 § 756. Administrative enforcement and penalties. 1. Any employee,
4 person or organization acting on the employee's behalf, or the recog-
5 nized and certified collective bargaining agent acting on the employee's
6 behalf, may file with the commissioner a complaint regarding a violation
7 of this article within one year from the date of the alleged violation
8 against the employer who violates this article.
9 2. The commissioner shall have the power to require employers to
10 provide the complaining employee: (a) any wages or benefits lost as a
11 result of the violation; or (b) an order of reinstatement without loss
12 of position, seniority, wages, or benefits.
13 3. The commissioner shall also have the power to impose penalties
14 provided for in this article. Such penalties include a fine payable to
15 the state in an amount not to exceed five hundred dollars for the first
16 violation and, for subsequent violations that occur within two years of
17 any previous violation, not to exceed seven hundred fifty dollars for
18 the second violation, and not to exceed one thousand dollars for each
19 succeeding violation.
20 § 757. Existing rights and remedies preserved. 1. Nothing in this
21 article shall in any way contravene or limit the rights, remedies or
22 privileges which are otherwise available to an employee under any other
23 provision of law, including but not limited to, the human rights law.
24 2. Nothing in this article shall be construed to affect an employer's
25 obligation to comply with any collective bargaining agreement or employ-
26 ee benefit plan.
27 3. Nothing in this article shall prevent an employer from approving
28 leave in excess of the requirements of this article.
29 4. Nothing in this article shall be construed to prevent an employer
30 policy or local or municipal law from providing additional or more
31 generous school-related leave beyond that required in this article.
32 § 2. The education law is amended by adding a new section 115 to read
33 as follows:
34 § 115. Parental leave involvement. The department, in consultation
35 with the department of labor, shall notify each school regarding the
36 provisions of article twenty-D of the labor law and shall promulgate
37 rules and regulations for the promotion and communication of such bene-
38 fits to the parents of enrolled students. Each public and private
39 school shall notify parents with a child enrolled in the school of the
40 school-related event leave benefit.
41 § 3. This act shall take effect on the one hundred twentieth day after
42 it shall have become a law.
