Bill Text: NY A02851 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes the New York family leave act providing for leaves of absence for the birth or adoption of a child.

Spectrum: Moderate Partisan Bill (Democrat 11-2)

Status: (Introduced - Dead) 2016-01-25 - print number 2851a [A02851 Detail]

Download: New_York-2015-A02851-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2851
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2015
                                      ___________
       Introduced  by  M. of A. SIMOTAS, ROSENTHAL, MONTESANO, TITUS, DINOWITZ,
         AUBRY, WEPRIN, WRIGHT, ROZIC -- Multi-Sponsored by -- M. of A.  GLICK,
         GOTTFRIED,  RA,  TITONE  -- read once and referred to the Committee on
         Labor
       AN ACT to amend the labor law, the civil service law and  the  insurance
         law, in relation to establishing the New York family leave act
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "New York family leave act".
    3    S 2. The labor law is amended by adding a new section 202-m to read as
    4  follows:
    5    S 202-M. LEAVE OF ABSENCE UPON THE BIRTH OR ADOPTION OF A CHILD GRANT-
    6  ED  TO  EMPLOYEES.  1.   FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
    7  TERMS SHALL HAVE THE FOLLOWING MEANINGS:
    8    (A) "COMMENCEMENT OF THE PARENT-CHILD RELATIONSHIP" SHALL MEAN:
    9    (I) WHEN THE ADOPTION OCCURS UNDER SPONSORSHIP OF AN AUTHORIZED  AGEN-
   10  CY,  AS  DEFINED IN SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE
   11  OF THE SOCIAL SERVICES LAW, THE DATE THE CHILD IS PLACED BY THE  AUTHOR-
   12  IZED  AGENCY  IN  THE  HOME  OF THE ADOPTIVE PARENTS PURSUANT TO SECTION
   13  THREE HUNDRED EIGHTY-FOUR OF THE SOCIAL SERVICES LAW.
   14    (II) WHEN THE ADOPTION OCCURS WITHOUT THE SPONSORSHIP OF AN AUTHORIZED
   15  AGENCY, THE DATE A PETITION FOR THE ADOPTION OF A  CHILD  RESIDING  WITH
   16  THE ADOPTIVE PARENTS IS FILED IN A COURT.
   17    (B)  "EMPLOYEE"  MEANS  A PERSON WHO PERFORMS SERVICES FOR HIRE FOR AN
   18  EMPLOYER, FOR AN AVERAGE OF TWENTY OR MORE HOURS PER WEEK, AND  INCLUDES
   19  ALL  INDIVIDUALS  EMPLOYED  AT ANY SITE OWNED OR OPERATED BY AN EMPLOYER
   20  BUT SHALL NOT INCLUDE AN INDEPENDENT CONTRACTOR.
   21    (C) "EMPLOYER" MEANS A PERSON OR ENTITY THAT  EMPLOYS  FIFTY  OR  MORE
   22  EMPLOYEES  AT AT LEAST ONE SITE AND INCLUDES AN INDIVIDUAL, CORPORATION,
   23  PARTNERSHIP, ASSOCIATION,  NONPROFIT  ORGANIZATION,  GROUP  OF  PERSONS,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00342-01-5
       A. 2851                             2
    1  STATE,  COUNTY,  TOWN,  CITY, SCHOOL DISTRICT, PUBLIC AUTHORITY OR OTHER
    2  GOVERNMENTAL SUBDIVISION OF ANY KIND.
    3    2.  (A) AN EMPLOYER SHALL PERMIT ANY EMPLOYEE, MALE OR FEMALE, TO TAKE
    4  A LEAVE OF ABSENCE FROM EMPLOYMENT WITHOUT LOSS OF PAY OR DIMINUTION  OF
    5  ANY  OTHER  PRIVILEGE,  BENEFIT OR RIGHT ARISING OUT OF SUCH EMPLOYMENT,
    6  FOR UP TO TWELVE WEEKS UPON THE BIRTH OF  SUCH  EMPLOYEE'S  CHILD.    AN
    7  ADOPTIVE   PARENT,   FOLLOWING  THE  COMMENCEMENT  OF  THE  PARENT-CHILD
    8  RELATIONSHIP, SHALL BE ENTITLED TO THE SAME  LEAVE  AND  UPON  THE  SAME
    9  TERMS.
   10    (B)  IN  ADDITION  TO THE LEAVE OF ABSENCE GRANTED IN PARAGRAPH (A) OF
   11  THIS SUBDIVISION, AN EMPLOYER SHALL PERMIT ANY EMPLOYEE, MALE OR FEMALE,
   12  TO TAKE AN ADDITIONAL TWELVE WEEKS  LEAVE  OF  ABSENCE  FROM  EMPLOYMENT
   13  WITHOUT PAY OR ANY OTHER PRIVILEGE, BENEFIT OR RIGHT ARISING OUT OF SUCH
   14  EMPLOYMENT,  BUT  WITHOUT  DEMOTION.  AN  ADOPTIVE PARENT, FOLLOWING THE
   15  COMMENCEMENT OF THE PARENT-CHILD RELATIONSHIP, SHALL BE ENTITLED TO  THE
   16  SAME ADDITIONAL LEAVE AND UPON THE SAME TERMS.
   17    3.  AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR REQUESTING
   18  OR OBTAINING A LEAVE OF ABSENCE UNDER THIS SECTION.
   19    4. THIS SECTION SHALL NOT PREVENT AN  EMPLOYER  FROM  PROVIDING  LEAVE
   20  UPON THE BIRTH OR ADOPTION OF A CHILD IN ADDITION TO LEAVE ALLOWED UNDER
   21  ANY  OTHER PROVISION OF LAW. THIS SECTION SHALL NOT AFFECT AN EMPLOYEE'S
   22  RIGHTS WITH RESPECT TO ANY OTHER EMPLOYEE BENEFIT OTHERWISE PROVIDED  BY
   23  LAW.
   24    5. THE COMMISSIONER IS HEREBY AUTHORIZED AND DIRECTED TO ESTABLISH ANY
   25  NECESSARY  GUIDELINES,  INCLUDING  REQUIREMENTS  FOR NOTICE, REQUEST AND
   26  APPROVAL OF LEAVE, AND DOCUMENTATION, FOR THE TIMELY  IMPLEMENTATION  OF
   27  THE PROGRAM.
   28    S 3. The civil service law is amended by adding a new section 159-d to
   29  read as follows:
   30    S  159-D.  EXCUSED  LEAVE  FOR THE BIRTH OR ADOPTION OF A CHILD. 1. A.
   31  EVERY PUBLIC OFFICER, EMPLOYEE OF THIS STATE, EMPLOYEE  OF  ANY  COUNTY,
   32  EMPLOYEE  OF  ANY  COMMUNITY  COLLEGE, EMPLOYEE OF ANY PUBLIC AUTHORITY,
   33  EMPLOYEE OF ANY PUBLIC BENEFIT CORPORATION, EMPLOYEE  OF  ANY  BOARD  OF
   34  COOPERATIVE  EDUCATIONAL  SERVICES  (BOCES),  EMPLOYEE OF ANY VOCATIONAL
   35  EDUCATION AND EXTENSION  BOARD,  OR  A  SCHOOL  DISTRICT  ENUMERATED  IN
   36  SECTION  ONE  OF  CHAPTER FIVE HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN
   37  HUNDRED SIXTY-SEVEN, EMPLOYEE  OF  ANY  MUNICIPALITY,  EMPLOYEE  OF  ANY
   38  SCHOOL  DISTRICT  OR ANY EMPLOYEE OF A PARTICIPATING EMPLOYER IN THE NEW
   39  YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR ANY EMPLOYEE  OF  A
   40  PARTICIPATING EMPLOYER IN THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM
   41  SHALL BE ENTITLED TO HAVE A PAID LEAVE OF ABSENCE FROM HIS OR HER DUTIES
   42  OR  SERVICE  AS SUCH PUBLIC OFFICER, EMPLOYEE OF THIS STATE, EMPLOYEE OF
   43  ANY COUNTY, EMPLOYEE OF ANY COMMUNITY COLLEGE, EMPLOYEE  OF  ANY  PUBLIC
   44  AUTHORITY,  EMPLOYEE  OF ANY PUBLIC BENEFIT CORPORATION, EMPLOYEE OF ANY
   45  BOARD OF COOPERATIVE EDUCATIONAL SERVICES (BOCES), EMPLOYEE OF ANY VOCA-
   46  TIONAL EDUCATION AND EXTENSION BOARD, OR A SCHOOL DISTRICT ENUMERATED IN
   47  SECTION ONE OF CHAPTER FIVE HUNDRED SIXTY-SIX OF THE  LAWS  OF  NINETEEN
   48  HUNDRED  SIXTY-SEVEN,  EMPLOYEE  OF  ANY  MUNICIPALITY,  EMPLOYEE OF ANY
   49  SCHOOL DISTRICT, OR ANY EMPLOYEE OF A PARTICIPATING EMPLOYER IN THE  NEW
   50  YORK  STATE  AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR ANY EMPLOYEE OF A
   51  PARTICIPATING EMPLOYER IN THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM
   52  FOR A SUFFICIENT PERIOD OF TIME, NOT TO EXCEED  TWELVE  WEEKS  UPON  THE
   53  BIRTH  OF  SUCH  EMPLOYEE'S  CHILD,  AN  ADOPTIVE  PARENT, FOLLOWING THE
   54  COMMENCEMENT OF THE PARENT-CHILD RELATIONSHIP, SHALL BE ENTITLED TO  THE
   55  SAME LEAVE AND UPON THE SAME TERMS.
       A. 2851                             3
    1    B.  IN ADDITION TO THE LEAVE OF ABSENCE GRANTED IN PARAGRAPH A OF THIS
    2  SUBDIVISION, EVERY PUBLIC OFFICER, EMPLOYEE OF THIS STATE,  EMPLOYEE  OF
    3  ANY  COUNTY,  EMPLOYEE  OF ANY COMMUNITY COLLEGE, EMPLOYEE OF ANY PUBLIC
    4  AUTHORITY, EMPLOYEE OF ANY PUBLIC BENEFIT CORPORATION, EMPLOYEE  OF  ANY
    5  BOARD OF COOPERATIVE EDUCATIONAL SERVICES (BOCES), EMPLOYEE OF ANY VOCA-
    6  TIONAL EDUCATION AND EXTENSION BOARD, OR A SCHOOL DISTRICT ENUMERATED IN
    7  SECTION  ONE  OF  CHAPTER FIVE HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN
    8  HUNDRED SIXTY-SEVEN, EMPLOYEE  OF  ANY  MUNICIPALITY,  EMPLOYEE  OF  ANY
    9  SCHOOL  DISTRICT  OR ANY EMPLOYEE OF A PARTICIPATING EMPLOYER IN THE NEW
   10  YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR ANY EMPLOYEE  OF  A
   11  PARTICIPATING EMPLOYER IN THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM
   12  SHALL  BE  ENTITLED TO HAVE A PERIOD OF UNPAID LEAVE OF ABSENCE FROM HIS
   13  OR HER DUTIES OR SERVICE AS SUCH PUBLIC OFFICER, EMPLOYEE OF THIS STATE,
   14  EMPLOYEE OF ANY COUNTY, EMPLOYEE OF ANY COMMUNITY COLLEGE,  EMPLOYEE  OF
   15  ANY  PUBLIC  AUTHORITY,  EMPLOYEE  OF  ANY  PUBLIC  BENEFIT CORPORATION,
   16  EMPLOYEE OF ANY  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  (BOCES),
   17  EMPLOYEE  OF  ANY  VOCATIONAL EDUCATION AND EXTENSION BOARD, OR A SCHOOL
   18  DISTRICT ENUMERATED IN SECTION ONE OF CHAPTER FIVE HUNDRED SIXTY-SIX  OF
   19  THE  LAWS OF NINETEEN HUNDRED SIXTY-SEVEN, EMPLOYEE OF ANY MUNICIPALITY,
   20  EMPLOYEE OF ANY SCHOOL DISTRICT, OR  ANY  EMPLOYEE  OF  A  PARTICIPATING
   21  EMPLOYER IN THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR
   22  ANY EMPLOYEE OF A PARTICIPATING EMPLOYER IN THE NEW YORK STATE TEACHERS'
   23  RETIREMENT  SYSTEM  FOR  A  SUFFICIENT  PERIOD OF TIME, NOT TO EXCEED AN
   24  ADDITIONAL TWELVE WEEKS UPON THE BIRTH  OF  SUCH  EMPLOYEE'S  CHILD,  AN
   25  ADOPTIVE   PARENT,   FOLLOWING  THE  COMMENCEMENT  OF  THE  PARENT-CHILD
   26  RELATIONSHIP, SHALL BE ENTITLED TO THE SAME  LEAVE  AND  UPON  THE  SAME
   27  TERMS.
   28    2.  THE ENTIRE PERIOD OF THE LEAVE OF ABSENCE GRANTED PURSUANT TO THIS
   29  SECTION SHALL BE EXCUSED LEAVE AND SHALL  NOT  BE  CHARGED  AGAINST  ANY
   30  OTHER LEAVE SUCH PUBLIC OFFICER, EMPLOYEE OF THIS STATE, EMPLOYEE OF ANY
   31  COUNTY,  EMPLOYEE  OF  ANY  COMMUNITY  COLLEGE,  EMPLOYEE  OF ANY PUBLIC
   32  AUTHORITY, EMPLOYEE OF ANY PUBLIC BENEFIT CORPORATION, EMPLOYEE  OF  ANY
   33  BOARD OF COOPERATIVE EDUCATIONAL SERVICES (BOCES), EMPLOYEE OF ANY VOCA-
   34  TIONAL EDUCATION AND EXTENSION BOARD, OR A SCHOOL DISTRICT ENUMERATED IN
   35  SECTION  ONE  OF  CHAPTER FIVE HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN
   36  HUNDRED SIXTY-SEVEN, EMPLOYEE  OF  ANY  MUNICIPALITY,  EMPLOYEE  OF  ANY
   37  SCHOOL  DISTRICT  OR ANY EMPLOYEE OF A PARTICIPATING EMPLOYER IN THE NEW
   38  YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR ANY EMPLOYEE  OF  A
   39  PARTICIPATING EMPLOYER IN THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM
   40  IS OTHERWISE ENTITLED TO.
   41    3.  FOR  THE  PURPOSES  OF THIS SECTION, THE TERM "COMMENCEMENT OF THE
   42  PARENT-CHILD RELATIONSHIP" SHALL MEAN:
   43    A. WHEN THE ADOPTION OCCURS UNDER SPONSORSHIP OF AN AUTHORIZED AGENCY,
   44  AS DEFINED IN SUBDIVISION TEN OF SECTION THREE  HUNDRED  SEVENTY-ONE  OF
   45  THE  SOCIAL SERVICES LAW, THE DATE THE CHILD IS PLACED BY THE AUTHORIZED
   46  AGENCY IN THE HOME OF THE ADOPTIVE PARENTS  PURSUANT  TO  SECTION  THREE
   47  HUNDRED EIGHTY-FOUR OF THE SOCIAL SERVICES LAW.
   48    B.  WHEN  THE ADOPTION OCCURS WITHOUT THE SPONSORSHIP OF AN AUTHORIZED
   49  AGENCY, THE DATE A PETITION FOR THE ADOPTION OF A  CHILD  RESIDING  WITH
   50  THE ADOPTIVE PARENTS IS FILED IN A COURT.
   51    S  4.   Subsection (a) of section 3221 of the insurance law is amended
   52  by adding a new paragraph 17 to read as follows:
   53    (17) THAT A GROUP OR BLANKET POLICY ISSUED PURSUANT  TO  THIS  ARTICLE
   54  SHALL CONTAIN A PROVISION TO THE EFFECT THAT ANY MEMBER OF THE GROUP WHO
   55  TAKES A LEAVE OF ABSENCE AS PROVIDED FOR IN PARAGRAPH (B) OF SUBDIVISION
   56  TWO  OF  SECTION  TWO  HUNDRED  TWO-M OF THE LABOR LAW OR PARAGRAPH B OF
       A. 2851                             4
    1  SUBDIVISION ONE OF SECTION ONE HUNDRED FIFTY-NINE-D OF THE CIVIL SERVICE
    2  LAW MAY CONTINUE TO MAINTAIN SUCH POLICY UPON THE PAYMENT OF APPROPRIATE
    3  PREMIUMS UNTIL SUCH MEMBER RESUMES EMPLOYMENT WITH HIS OR HER EMPLOYER.
    4    S  5.  Section  4305  of  the insurance law is amended by adding a new
    5  subsection (i) to read as follows:
    6    (I) A GROUP CONTRACT ISSUED PURSUANT TO THIS SECTION SHALL  CONTAIN  A
    7  PROVISION  TO  THE  EFFECT  THAT  IN CASE OF ANY MEMBER OF THE GROUP WHO
    8  TAKES A LEAVE OF ABSENCE AS PROVIDED FOR IN PARAGRAPH (B) OF SUBDIVISION
    9  TWO OF SECTION TWO HUNDRED TWO-M OF THE LABOR  LAW  OR  PARAGRAPH  B  OF
   10  SUBDIVISION ONE OF SECTION ONE HUNDRED FIFTY-NINE-D OF THE CIVIL SERVICE
   11  LAW,  SHALL  BE  ENTITLED TO MAINTAIN, WITHOUT EVIDENCE OF INSURABILITY,
   12  UPON APPLICATION THEREFOR AND PAYMENT OF THE FIRST PREMIUM MADE  TO  THE
   13  CORPORATION  WITHIN  AN  APPROPRIATE  TIME  AFTER  TAKING  SUCH LEAVE OF
   14  ABSENCE, A CONTINUATION OF SUCH CONTRACT, COVERING SUCH MEMBER  AND  HIS
   15  OR  HER ELIGIBLE DEPENDENTS WHO WERE COVERED BY THE GROUP CONTRACT UNTIL
   16  SUCH MEMBER RESUMES EMPLOYMENT WITH HIS OR HER EMPLOYER.
   17    S 6.  This act shall take effect on  the  one  hundred  twentieth  day
   18  after  it  shall have become a law. Effective immediately, the addition,
   19  amendment and/or repeal of any rule  or  regulation  necessary  for  the
   20  implementation  of  this  act  on its effective date is authorized to be
   21  made on or before such date.