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REFERENCE TITLE: employees; school conferences; leave |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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SB 1416 |
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Introduced by Senators Mendez: Gonzales, Quezada, Terán; Representatives Andrade, Dalessandro, Hernandez M, Liguori, Salman, Solorio
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AN ACT
Amending Title 23, chapter 2, Arizona Revised Statutes, by adding article 8.2; relating to employment practices.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 23, chapter 2, Arizona Revised Statutes, is amended by adding article 8.2, to read:
ARTICLE 8.2. PARENTAL LEAVE
23-385. Definitions
In this article, unless the context otherwise requires:
1. "Child" means a biological, adopted or foster child, a stepchild or a legal ward of an employee who is enrolled in a school in this state.
2. "Employee":
(a) means an individual who performs services for hire for an employer.
(b) does not include an independent contractor.
3. "Employer" means an individual, person or any type of organization, including this state and any political subdivision of this state, that employs at least fifty employees in this state.
4. "School" means any public or private primary or secondary school.
23-385.01. School conference or activity leave; written request; exception; hours of conferences or activities; verification
A. An employer shall grant an employee school conference or activity leave of up to a total of sixteen hours during any school year, not more than four hours of which may be taken during one day, to attend school conferences or activities related to the employee's child if all of the following apply:
1. The conference or activity is not scheduled during nonwork hours.
2. The employee has exhausted all accrued vacation leave, personal leave and compensatory leave and any other leave that may be granted to the employee except sick leave and disability leave.
3. The employee has been employed by the employer for at least the six consecutive months immediately preceding the request for school conference or activity leave.
4. The average number of hours per week that the employee works is equal to at least one-half of the full-time equivalent positions in the employer's job classification, as defined by the employer's personnel policies or practices or pursuant to a collective bargaining agreement, during the six months immediately preceding the request for school conference or activity leave.
B. The employee shall provide the employer with a written request for school conference or activity leave at least seven days before the date of the requested school conference or activity leave. If the situation is an emergency, the employee shall provide at least twenty-four hours' written notice before the date of the school conference or activity leave.
C. Before scheduling a school conference or activity, the employee shall consult with the employer to schedule the leave so that operations of the employer are not unduly disrupted.
D. An employer that is subject to this article is not required to:
1. Grant school conference or activity leave to an employee if granting the leave would result in more than five percent of the employer's workforce taking school conference or activity leave at the same time.
2. Compensate an employee for the duration of the school conference or activity leave.
E. For regularly scheduled, nonemergency conferences or activities, schools shall make time available for such conferences or activities during both regular school hours and evening hours.
F. If requested by the parent or guardian of a child at the school, a school shall provide documentation verifying that the parent or guardian attended the school conference or activity. An employer may request this verification and, if requested, the employee shall submit the verification to the employer.
23-385.02. Notification to schools; notification of school visitation policy; notification to employers
A. The department of education shall notify each school regarding the provisions of this article, and each school shall notify parents or guardians of the school's students of the school's visitation policy.
B. The industrial commission of Arizona shall notify employers regarding the provisions of this article.
23-385.03. Employee rights
This article does not:
1. Affect an employer's obligation to comply with any collective bargaining agreement or employee benefit plan.
2. Prevent an employer from approving school conference and activity leave in excess of the requirements of this article.
Sec. 2. Short title
Title 23, chapter 2, article 8.2, Arizona Revised Statutes, as added by this act, may be cited as the "Parental Involvement Leave Act".