STATE OF NEW YORK ________________________________________________________________________ 4947 2017-2018 Regular Sessions IN ASSEMBLY February 6, 2017 ___________ Introduced by M. of A. SIMOTAS, ROSENTHAL, MONTESANO, TITUS, DINOWITZ, AUBRY, WEPRIN, ROZIC -- Multi-Sponsored by -- M. of A. GLICK, GOTT- FRIED, 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 § 2. The labor law is amended by adding a new section 202-n to read as 4 follows: 5 § 202-n. 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. LBD04147-01-7A. 4947 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 § 3. The civil service law is amended by adding a new section 159-d to 29 read as follows: 30 § 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. 4947 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 § 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-n of the labor law or paragraph b ofA. 4947 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 § 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-n 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 § 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.