Parental Right to Participate in Schools Act
The Parental Right to Participate in Schools Act allows employees who are parents or guardians to take up to 48 hours of leave (paid or unpaid) within a 12-month period to attend school-related activities for their children. Qualifying school events include parent-teacher conferences, performances, sporting events, and other activities where the child is a participant. Employers may deny leave requests only if granting leave would significantly disrupt business operations. Employers are required to post notice of this law in the workplace, with penalties for noncompliance.
Key Provisions
Eligibility for Leave: Employees who are parents or guardians, including biological parents, legal custodians, guardians, grandparents, aunts, uncles, or domestic partners of a qualifying individual, are eligible to take up to 48 hours of leave per 12-month period.
Qualifying School-Related Activities: Covered activities include parent-teacher conferences, concerts, plays, rehearsals, sporting events, and any other school functions where the child is a participant or subject of the event.
Notice Requirement: Employees must provide at least 10 days’ advance notice to their employer before taking leave unless the school-related activity was not reasonably foreseeable.
Paid or Unpaid Leave: The leave may be unpaid or taken as paid family, vacation, personal, compensatory, or leave bank leave, subject to employer policies.
Employer Discretion in Granting Leave: An employer may deny leave if granting it would cause significant disruption to business operations or render production or service unusually difficult.
Employer Posting Requirement: Employers must post and maintain notice of this law in a conspicuous workplace location. Employers that willfully fail to post the notice may be fined up to $100 for each day the notice is not displayed.
Model Language
Section 1. Title
This Act shall be known as the “Parental Right to Participate in Schools Act.”
Section 2. Definitions
(a) "Employee" means any individual employed by an employer in a full-time or part-time capacity.
(b) "Employer" means any individual, partnership, association, corporation, or business entity that employs one or more employees within the state.
(c) "Parent or Guardian" means:
(1) A biological mother or father of a child;
(2) A person with legal custody of a child;
(3) A person who acts as a guardian of a child;
(4) An aunt, uncle, or grandparent of a child; or
(5) A person married to or in a domestic partnership with any individual listed in subsections (1) through (4).
(d) "School-Related Activity" means a parent-teacher conference, school-sponsored performance, rehearsal, sporting event, or any other school function where the child is a participant.
Section 3. Leave Entitlement
(a) An employee who is a parent or guardian may take up to 48 hours of leave within a 12-month period to attend school-related activities for their child.
(b) The leave may be unpaid or substituted with any available paid leave, including vacation, personal, family, compensatory, or leave bank leave, at the discretion of the employee.
Section 4. Notice Requirement
(a) An employee shall provide at least 10 days’ advance written notice of the leave request unless the school-related activity was not reasonably foreseeable.
Section 5. Employer Right to Deny Leave
(a) An employer may deny leave if granting such leave would create a substantial disruption to business operations or make production or service unusually difficult.
Section 6. Employer Posting Requirement
(a) Employers shall post and maintain notice of this Act in a conspicuous place within the workplace.
(b) An employer who willfully fails to post the required notice may be fined up to $100 for each day the notice remains unposted.
Section 7. Enforcement and Penalties
(a) The [State Labor Department or applicable agency] shall enforce the provisions of this Act.
(b) Employees may file complaints regarding violations of this Act with the [State Labor Department or applicable agency].
Section 8. Effective Date
This Act shall take effect [XX] days after enactment.