1Providing Statewide uniformity regarding vacation and other
2forms of leave mandated by political subdivisions, for
3parental involvement leave and for civil remedies.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1.  Short title.

7This act shall be known and may be cited as the Leave Policy
8and Parental Involvement Leave Act.

9Section 2.  Definitions.

10The following words and phrases when used in this act shall
11have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Bureau." The Bureau of Labor Law Compliance of the
14Department of Labor and Industry of the Commonwealth.

15"Department." The Department of Labor and Industry of the
16Commonwealth.

17"Early intervention services." As identified under 55 Pa.

1Code Ch. 4226 (relating to early intervention services).

2"Eligible employee." An individual engaged in service to an
3employer who is a parent, guardian or foster parent having
4custody of one or more children who are:

5(1) identified in need of early intervention services;
6or

7(2) enrolled in an elementary or secondary school in
8this Commonwealth.

9"Employee."  As defined in section 3 of the act of January
1017, 1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968.

11"Employer."  As defined in section 3 of the act of January
1217, 1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968.

13"Parental involvement leave." An employer-approved absence
14from work unrelated to any other absence, such as vacation or
15sick leave, for the purpose of an eligible employee attending a
16qualified school-related activity or qualified services-related
17activity for the eligible employee's child that cannot be
18scheduled during nonworking hours.

19"Political subdivision."  Any county, city, borough,
20incorporated town, township, school district, vocational school
21district and county institution district.

22"Qualified services-related activity." A meeting between an
23eligible employee and the county mental health/intellectual
24disability program, Office of Intellectual Disability, school
25district or county contracted agency for the purposes of
26establishing, modifying or challenging an individualized family
27service plan under 55 Pa. Code Ch. 4226 (relating to early
28intervention services); and an individualized education program
29under 22 Pa. Code Ch. 14 (relating to special education services
30and programs); or a service agreement under 22 Pa. Code Ch. 15

1(relating to protected handicapped students). The term does not
2include any meeting with other parties regarding the legality of
3establishing, modifying or challenging an individualized family
4service plan, individualized education program or service
5agreement or any medical treatment-related activity.

6"Qualified school-related activity." A school-related
7activity or event concerning the academic advancement of an
8eligible employee's child in which parental involvement is
9permitted, including, but not limited to, the following:

10(1) Parent-teacher conference.

11(2) Back-to-school event.

12(3) Curriculum event.

13(4) Orientation.

14(5) Open house.

15(6) Other meeting to discuss academic progress.

16The term does not include an extracurricular activity,
17including, but not limited to, a sporting event, musical or
18dramatic performance or field trip.

19"School." A school operated by a school district, 
20intermediate unit, charter school, cyber charter school, area 
21vocational-technical school, nonpublic school, private school,
22day care or preschool in this Commonwealth.

23"School age." As determined under section 1301 of the act of
24March 10, 1949 (P.L.30, No.14), known as the Public School Code
25of 1949.

26"School year." The 12 months ending June 30 of each year.

27Section 3.  Mandate prohibition.

28A political subdivision in this Commonwealth may not enact or
29administer a mandate requiring an employer to provide an
30employee or class of employees with vacation or other forms of

1leave from employment, paid or unpaid, that is not required by
2Federal or State law, and may not require an employer to
3compensate an employee for any vacation or other forms of leave
4for which Federal or State law does not require the employee to
5be compensated.

6Section 4. Parental involvement leave.

7(a) Relating to academic progress.--Notwithstanding any
8other provision of this act, an employer shall grant an eligible 
9employee paid leave of eight hours during a school year to 
10attend qualified school-related activities concerning the 
11eligible employee's child.

12(b) Relating to additional services.--An employer shall
13grant an eligible employee paid leave of 12 hours during any
14school year to attend qualified services-related activities
15concerning an eligible employee's child.

16(c) Proof of activity.--If requested by an employer, an
17eligible employee shall provide documentation to the employer of
18the specific date and time of the qualified school-related
19activity or the qualified services-related activity. If
20requested by an employer, an eligible employee shall provide
21additional written documentation verifying parental
22participation in a qualified school-related activity or
23qualified services-related activity in an appropriate form
24generated by the department.

25(d) Privacy.--Nothing in this section requires an employee
26to disclose whether the employee has custody of a child with,
27nor the nature of why the child qualifies for, an individualized
28family service plan, individualized education program or service
29agreement if the employee does not seek parental involvement
30leave. An employer may not inquire about a prospective

1employee's eligibility for parental involvement leave.

2(e) No limitation on paid or unpaid hours.--Nothing in this
3section may be construed to preclude an employer from granting
4more than eight hours of parental involvement leave at the
5employer's discretion, whether paid or unpaid.

6Section 5. Prohibited actions.

7(a) Interfering with employee rights.--No employer may
8interfere with, restrain or deny the use of or the attempt to
9use parental involvement leave.

10(b) Disciplining an employee.--No employer may discharge,
11retaliate, discipline, discriminate, intimidate or make threats
12against an eligible employee for any of the following:

13(1) Filing a charge or instituting a proceeding under or
14related to this act.

15(2) Giving information in connection with any inquiry or
16proceeding relating to this act.

17(3) Testifying in any inquiry or proceeding relating to
18any right provided under this act.

19Section 6. Enforcement.

20The department shall enforce the provisions of this act.

21Section 7. Civil remedies.

22(a) Complaint.--Any employee aggrieved by a violation of
23this act may file a complaint with the bureau alleging violation
24of the provisions of this act.

25(b) Hearing.--Upon receipt of any complaint from an
26employee, the bureau shall hold a hearing. After the hearing,
27the bureau shall send each party a written copy of the bureau's
28decision.

29(c) Remedy.--The bureau may award the following to an
30employee:

1(1) rehiring or reinstatement to the employee's previous
2job;

3(2) payment of back wages; and

4(3) reestablishment of employee benefits to which the
5employee otherwise would have been eligible if a violation of
6this act had not occurred.

7(d) Civil penalty.--The bureau may assess a civil penalty of
8$500 for initial violation of sections 4 and 5 which may be
9increased upon subsequent violations.

10(e) Appeal.--Any party aggrieved by the decision of the
11bureau may appeal the decision to Commonwealth Court in
12accordance with the provisions of 2 Pa.C.S. (relating to
13administrative law and procedure).

14(f) Other rights.--The rights and remedies specified in this
15section are cumulative and nonexclusive and are in addition to
16any other rights or remedies afforded by contract or under other
17provisions of law.

18Section 8. Applicability.

19This act does not apply to any mandate enacted by a political
20subdivision of this Commonwealth affecting vacation or other
21forms of leave for an employee or class of employees of the
22political subdivision.

23Section 9. Inconsistent mandate.

24Nothing in this act shall be construed to invalidate a
25mandate that is enacted by a political subdivision prior to
26January 1, 2014. Any mandate enacted by a political subdivision
27that is inconsistent with this act and enacted after January 1,
282014, is void.

29Section 10. Effective date.

30This act shall take effect as follows:

1(1) Sections 4, 5, 6 and 7 shall take effect in 60 days.

2(2) The remainder of this act shall take effect
3immediately.