PRINTER'S NO. 1028
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
849
Session of
2015
INTRODUCED BY D. MILLER, COHEN, ROZZI, BISHOP, KOTIK, SCHREIBER,
YOUNGBLOOD, DAVIDSON, CALTAGIRONE, DONATUCCI, KINSEY,
WHEATLEY, HARKINS, FRANKEL, O'BRIEN, THOMAS, McNEILL, DEASY,
BROWNLEE, SIMS AND ROEBUCK, MARCH 26, 2015
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 26, 2015
AN ACT
Providing for parental involvement leave, imposing duties on the
Department of Labor and Industry; and providing for civil
remedies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Parental
Involvement Leave Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Bureau." The Bureau of Labor Law Compliance of the
Department of Labor and Industry of the Commonwealth.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Early intervention services." As identified under 55 Pa.
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Code Ch. 4226 (relating to early intervention services).
"Eligible employee." An individual engaged in service to an
employer who is a parent, guardian or foster parent of one or
more children who are:
(1) identified in need of early intervention services;
or
(2) enrolled in an elementary or secondary school in
this Commonwealth.
"Employee." As defined as "employe" in section 3 of the act
of January 17, 1968 (P.L.11, No.5), known as The Minimum Wage
Act of 1968.
"Employer." As defined in section 3 of the act of January
17, 1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968.
"Parental involvement leave." An employer-approved absence
from work unrelated to any other absence, such as vacation or
sick leave, for the purpose of an eligible employee attending a
qualified school-related activity or qualified services-related
activity for the eligible employee's child that cannot be
scheduled during nonworking hours.
"Qualified services-related activity." A meeting between an
eligible employee and the county mental health/intellectual
disability program, Office of Intellectual Disability, school
district or county contracted agency for the purposes of
establishing, modifying or challenging an individualized family
service plan under 55 Pa. Code Ch. 4226 (relating to early
intervention services); and an individualized education program
under 22 Pa. Code Ch. 14 (relating to special education services
and programs); or a service agreement under 22 Pa. Code Ch. 15
(relating to protected handicapped students). The term does not
include any meeting with other parties regarding the legality of
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establishing, modifying or challenging an individualized family
service plan, individualized education program or service
agreement or any medical treatment-related activity.
"Qualified school-related activity." A school-related
activity or event concerning the academic advancement of an
eligible employee's child in which parental involvement is
permitted, including, but not limited to, the following:
(1) Parent-teacher conference.
(2) Back-to-school event.
(3) Curriculum event.
(4) Orientation.
(5) Open house.
(6) Other meeting to discuss academic progress.
The term does not include an extracurricular activity,
including, but not limited to, a sporting event, musical or
dramatic performance or field trip.
"School." A school operated by a school district,
intermediate unit, charter school, cyber charter school, area
vocational-technical school, nonpublic school, private school,
day care or preschool in this Commonwealth.
"School age." As determined under section 1301 of the act of
March 10, 1949 (P.L.30, No.14), known as the Public School Code
of 1949.
"School year." The 12 months ending June 30 of each year.
Section 3. Parental involvement leave.
(a) Relating to academic progress.--An employer shall grant
an eligible employee paid leave of eight hours during a school
year to attend qualified school-related activities concerning
the eligible employee's child.
(b) Relating to additional services.--An employer shall
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grant an eligible employee paid leave of 12 hours during any
school year to attend qualified services-related activities
concerning an eligible employee's child.
(c) Proof of activity.--If requested by an employer, an
eligible employee shall provide documentation to the employer of
the specific date and time of the qualified school-related
activity or the qualified services-related activity. If
requested by an employer, an eligible employee shall provide
additional written documentation verifying parental
participation in a qualified school-related activity or
qualified services-related activity in an appropriate form
generated by the department.
(d) Privacy.--Nothing in this section requires an employee
to disclose whether the employee has custody of a child with,
nor the nature of why the child qualifies for, an individualized
family service plan, individualized education program or service
agreement if the employee does not seek parental involvement
leave. An employer may not inquire about a prospective
employee's eligibility for parental involvement leave.
(e) No limitation on paid or unpaid hours.--Nothing in this
section may be construed to preclude an employer from granting
more than eight hours of parental involvement leave at the
employer's discretion, whether paid or unpaid.
Section 4. Prohibited actions.
(a) Interfering with employee rights.--No employer may
interfere with, restrain or deny the use of or the attempt to
use parental involvement leave.
(b) Disciplining an employee.--No employer may discharge,
retaliate, discipline, discriminate, intimidate or make threats
against an eligible employee for any of the following:
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(1) Filing a charge or instituting a proceeding under or
related to this act.
(2) Giving information in connection with any inquiry or
proceeding relating to this act.
(3) Testifying in any inquiry or proceeding relating to
any right provided under this act.
Section 5. Enforcement.
The department shall enforce the provisions of this act.
Section 6. Civil remedies.
(a) Complaint.--Any employee aggrieved by a violation of
this act may file a complaint with the bureau alleging violation
of the provisions of this act.
(b) Hearing.--Upon receipt of any complaint from an
employee, the bureau shall hold a hearing. After the hearing,
the bureau shall send each party a written copy of the bureau's
decision.
(c) Remedy.--The bureau may award the following to an
employee:
(1) rehiring or reinstatement to the employee's previous
job;
(2) payment of back wages; and
(3) reestablishment of employee benefits to which the
employee otherwise would have been eligible if a violation of
this act had not occurred.
(d) Civil penalty.--The bureau may assess a civil penalty of
$500 for initial violation of sections 3 and 4 which may be
increased upon subsequent violations.
(e) Appeal.--Any party aggrieved by the decision of the
bureau may appeal the decision to Commonwealth Court in
accordance with the provisions of 2 Pa.C.S. (relating to
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administrative law and procedure).
(f) Other rights.--The rights and remedies specified in this
section are cumulative and nonexclusive and are in addition to
any other rights or remedies afforded by contract or under other
provisions of law.
Section 7. Inconsistent mandate.
Nothing in this act shall be construed to invalidate a
mandate that is enacted by an employer prior to January 1, 2015.
Section 8. Effective date.
This act shall take effect as follows:
(1) Sections 3, 4, 5 and 6 shall take effect in 60 days.
(2) The remainder of this act shall take effect
immediately.
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