State of California M E M O R A N D U M REFERENCE CODE: PML 96-061 DATE: December 11, 1996 TO: Personnel Officers Labor Relations Officers FROM: Department of Personnel Administration Policy Development Office SUBJECT: Family School Partnership Act CONTACT: Sydney Perry (916) 445-9244, CALNET 485-9244 OfficeVision: DPA(SBPERRY) INTERNET: SBPERRY@SMTP.DPA.CA.GOV The Department of Industrial Relations (DIR) has informed the Department of Personnel Administration that they will be promulgating rules for the Family School Partnership Act next year. A copy of the statute is attached. DIR has asked the Department of Personnel Administration to solicit input from State departments on its behalf. If you have concerns or issues that you would like to be addressed in the regulations, please forward your written comments by December 31, 1996 to: Mr. H. Thomas Cadell Chief Counsel, Legal Section Division of Labor Standards Enforcement Department of Industrial Relations 45 Fremont Street, Room 3220 San Francisco, CA 94105 For questions or additional information, please contact Sydney Perry at (916) 445-9244, CALNET 485-9244. Peter J. Strom Assistant Chief Attachment ATTACHMENT TO PML 96-061 Assembly Bill No. 2590 CHAPTER 1290 An act to amend Section 230.8 of the Labor Code, relating to employees. (Approved by Governor September 30, 1994. Filed with Secretary of State September 30, 1994.) LEGISLATIVE COUNSEL'S DIGEST AB 2590, Eastin. Employees: school activities. Existing law prohibits an employer who employs 25 or more employees working at the same location from discharging or discriminating against an employee who is a parent or guardian of a child in kindergarten or grades 1 to 12, inclusive, for taking off 4 hours each school year, per child, to visit the school of the child if the employee first gives reasonable notice to the employer of the planned absence. The employee is required to utilize existing vacation, personal leave, or compensatory time off for this purpose, unless otherwise provided by a collective bargaining agreement. Existing law specifies that these provisions do not apply to the state. This bill instead would permit the employee to utilize specified time off to take off up to 40 hours per school year for the purpose of participating in school activities, subject to specified conditions including a limitation of 8 hours in any calendar month of the school year. The bill would provide that the entitlement of any employee under this bill shall not be diminished by any collective bargaining agreement term or condition that is agreed to on or after January 1, 1995, would extend the entitlement to grandparents having custody, and would also authorize an employee to utilize, as specified, time off without pay for this purpose. The bill would delete the provision of existing law exempting the state from these provisions. The people of the State of California do enact as follows: SECTION 1. This act shall be known and may be cited as the "Family School Partnership Act." SEC. 2. The Legislature finds and declares the following: (a) It is crucial for parents to be involved in their children's education, both in the school and in the home. (b) The evidence is beyond dispute that parent involvement improves pupil achievement. (c) Pupils whose parents are involved in their formal education have better grades, test scores, long- term academic achievement, attitudes, and behavior. (d) Pupils' reading scores and study habits in particular improve when parental help is provided. (e) Parents represent the single most important citizen group in terms of school support. (f) The building of a network of parent volunteers to support children in public schools is central to the well-being of the entire community. (g) More than 60 percent of the women of childbearing age in the United States are in the work force. (h) Because of the changing roles of men and women in the work force and the family, and the need to promote stability and economic security in families, both men and women should have the option of taking leave for purposes relating to their children's education. SEC. 3. Section 230.8 of the Labor Code is amended to read: 230.8. (a) (1) No employer who employs 25 or more employees working at the same location shall discharge or in any way discriminate against an employee who is a parent, guardian, or grandparent having custody, of one or more children in kindergarten or grades 1 to 12, inclusive, for taking off up to 40 hours each school year, not exceeding eight hours in any calendar month of the school year, to participate in activities of the school of any child, if the employee, prior to taking the time off, gives reasonable notice to the employer of the planned absence of the employee. (2) If both parents of a child are employed by the same employer at the same work site, the entitlement under paragraph (1) of a planned absence as to that child applies, at any one time, only to the parent who first gives notice to the employer, such that the other parent may take a planned absence simultaneously as to that same child under the conditions described in paragraph (1) only if he or she obtains the employer's approval for the requested time off. (b) (1) The employee shall utilize existing vacation, personal leave, or compensatory time off for purposes of the planned absence authorized by this section, unless otherwise provided by a collective bargaining agreement entered into before January 1, 1995, and in effect on that date. An employee also may utilize time off without pay for this purpose, to the extent made available by his or her employer. The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition that is agreed to on or after January 1, 1995. (2) Notwithstanding paragraph (1), in the event that all permanent, full-time employees of an employer are accorded vacation during the same period of time in the calendar year, an employee of that employer may not utilize that accrued vacation benefit at any other time for purposes of the planned absence authorized by this section. (c) The employee, if requested by the employer, shall provide documentation from the school as proof that he or she participated in school activities on a specific date and at a particular time. For purposes of this subdivision, "documentation" means whatever written verification of parental participation the school deems appropriate and reasonable. (d) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in terms and conditions of employment by his or her employer because the employee has taken time off to participate in school activities as described in this section shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law shall be subject to a civil penalty in an amount equal to three times the amount of the employee's lost wages and work benefits.