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HB 0037 - Parent Protection Act; enact

Tracking Level: Monitor
Sponsor: Bruce,Roger 64th
Last Action: 2/25/2009 - House Second Readers
House Committee: IndR
Assigned To:
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Staff Analysis of the Legislation

SUMMARY:

            This bill provides leave for parents to attend school conferences and medical appointments.  It amends Chapter 1 of Title 34, Article 1 of Chapter 1A of Title 20 and Article 4A of Chapter 2 of Title 20.  It contains a number of requirements, some of them that affect schools both as agencies responsible to parents and as employers of employees desiring leave.

 

REQUIREMENTS:

  • Eligible employees would be entitled to 24 hours of leave, paid or unpaid, during any 12 month period for any one of:
    • Medical appointment for self or spouse or child;
    • Accompaniment of elderly relative to medical appointment;
    • School conference of own child.
  • Leave is subject to:
    • Reasonable notice to employer with least possible disruption;
    • Employer’s requirement of written request 48 hours in advance;
    • Employer’s right to limit number of employees out on a given day if the organization has 10 or fewer employees;
    • Employer’s right to require written verification of appointment or conference or medical appointment;
    • Employer’s right to limit such leave to 2 hours at a time, but given opportunity to allow as much leave time as desired or needed;
    • Employee’s use of other available leave, specifically Family Medical Leave Act before eligible for leave in Parent Protection Act.
  • Employers in violation subject to $100 fine per incident and are responsible for legal fees of employee, if any.
  • Early care and school programs must provide written notice to parents 3 business days in advance of conferences (federal notification requirements trump requirements in this bill)
  • If written verification is requested by parents, early care and schools must provide it.

 

NOTES:

  • Though perhaps favorable for parental involvement, especially for parents of students who are most in need of parental participation in conferences, more paperwork would be required of teachers and administrators in early care centers and schools.
  • Classrooms could be vacated by teachers who request time off for parental conferences during the school day, when they could otherwise be scheduled during planning time or just after student hours.
  • No method is provided to monitor compliance other than legal ramifications on employers, and no individual organization is designated as the monitor.

 


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text