This bill establishes employment protections for parents or legal guardians of school-aged children during public health emergencies and state emergencies that necessitate school closures and virtual instruction. It prohibits employers from requiring these employees to be physically present at work if their tasks can be performed remotely, unless the employer can prove that allowing remote work would impose an undue hardship on their operations. Additionally, the bill ensures that employees cannot be penalized in any way for requesting or working remotely under these circumstances. A rebuttable presumption is created that employees can work remotely if they have done so for two consecutive pay periods or two weeks, whichever is shorter.
Violations of this bill will result in civil penalties, with fines of up to $1,000 for the first offense, $5,000 for the second, and $10,000 for subsequent violations, enforceable by the Commissioner of Labor and Workforce Development. Furthermore, if an employer requires physical presence based on the employee's membership in a protected class, it will also be considered a violation of the Law Against Discrimination. The bill aims to address the disproportionate impact of remote learning and employment challenges faced by women and minorities during the pandemic, ensuring that working parents do not have to choose between their jobs and their children's education.