SENATE BILL 20

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Michael Padilla

AN ACT

RELATING TO EMPLOYMENT; PROVIDING FOR PAID LEAVE FOR ATTENDANCE OF PARENT-TEACHER CONFERENCES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 50 NMSA 1978 is enacted to read: 

     "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Paid Leave Act"."

     SECTION 2. A new section of Chapter 50 NMSA 1978 is enacted to read: 

     "[NEW MATERIAL] DEFINITIONS.--As used in the Paid Leave Act:

          A. "attendance" includes travel time;

          B. "employee" means an individual receiving a salary or wages for full-time, part-time, permanent, probationary or temporary work under a contract of employment, whether oral or written or express or implied; 

          C. "employer" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, governmental agency, governmental instrumentality, public corporation or any other legal or commercial entity that is obligated to pay a salary or wages in compensation for an employee's work;

          D. "fall semester" means August through December;

          E. "parent" includes a guardian or other person, as defined in Section 22-1-2 NMSA 1978;

          F. "school" means a public school or private school, as defined in Section 22-1-2 NMSA 1978;

          G. "school-age person" means a school-age person, as defined in Section 22-1-2 NMSA 1978; and

          H. "spring semester" means January through May."

     SECTION 3. A new section of Chapter 50 NMSA 1978 is enacted to read: 

     "[NEW MATERIAL] PAID LEAVE FOR ATTENDANCE AT PARENT-TEACHER CONFERENCES.--

          A. A parent of a school-age person is granted, per child, up to two hours' paid leave during the fall semester and up to two hours' paid leave during the spring semester for attendance of parent-teacher conferences at a school in which the school-age person is enrolled.

          B. An employer may require an employee to provide:

                (1) a written request for paid leave at least seven days prior to a parent-teacher conference unless the conference is scheduled by a teacher or administrator to occur within fewer than seven days of notice to the parent; and

                (2) documentation that, during the time of the leave, the employee attended the parent-teacher conference.

          C. An employee shall make a reasonable effort to schedule a parent-teacher conference for a time upon which the employer agrees.

          D. An employer who takes any adverse employment action against an employee who requests or takes leave pursuant to this section is subject to liability in a civil action by the employee. A court shall award to a prevailing employee the employee's costs of filing and litigating the civil action, including reasonable attorney fees."

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