Bill Text: NY A09937 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the eligibility for New York state paid family leave benefits by persons engaged in a teaching capacity in a religious institution.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-02-27 - referred to labor [A09937 Detail]

Download: New_York-2017-A09937-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9937
                   IN ASSEMBLY
                                    February 27, 2018
                                       ___________
        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on Labor
        AN  ACT to amend the workers' compensation law, in relation to eligibil-
          ity for New York state paid family leave benefits by  persons  engaged
          in a teaching capacity in a religious institution
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Group 18 of subdivision 1 of  section  3  of  the  workers'
     2  compensation  law,  as  amended  by  chapter 260 of the laws of 1972, is
     3  amended to read as follows:
     4    Group 18. All other employments, except persons engaged in a [teaching
     5  or] nonmanual capacity in or for a religious, charitable or  educational
     6  institution, notwithstanding the definition of employment in subdivision
     7  five  of  section  two,  not  hereinbefore enumerated, carried on by any
     8  person, firm or corporation in which there are engaged or  employed  one
     9  or  more  employees  regularly,  in the same business or in or about the
    10  same establishment either upon the premises or at the plant or away from
    11  the plant of the employer,  under  any  contract  of  hire,  express  or
    12  implied,  oral or written, except farm laborers and domestics other than
    13  those within the coverage of this chapter pursuant to groups  fourteen-b
    14  and  twelve  respectively  of  this subdivision, unless the employer has
    15  elected to bring such employees under the law by  securing  compensation
    16  in  accordance  with  the  terms  of  section  fifty of this chapter and
    17  persons engaged in voluntary service not under contract of hire. A  duly
    18  ordained,  commissioned or licensed minister, priest or rabbi, a sexton,
    19  a christian science reader, or a member of a religious order, shall  not
    20  be  deemed  to  be  employed or engaged in employment under the terms of
    21  this section. Recipients of charitable aid from a religious or  charita-
    22  ble  institution  who  perform  work  in or for the institution which is
    23  incidental to or in return for the aid  conferred,  and  not  under  any
    24  express  contract of hire, shall not be deemed to be employed or engaged
    25  in employment under the terms of  this  section.  All  persons  who  are
    26  members of a supervised amateur athletic activity operated on a non-pro-
    27  fit  basis  shall  not be deemed to be employed or engaged in employment
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14673-01-8
        A. 9937                             2
     1  under the terms of this section, provided that said members are not also
     2  otherwise engaged or employed by any person, firm or corporation partic-
     3  ipating in said athletic activity. The terms "religious,  charitable  or
     4  educational institution" mean a corporation, unincorporated association,
     5  community  chest,  fund or foundation organized and operated exclusively
     6  for religious, charitable or educational purposes, no part  of  the  net
     7  earnings  of  which  inure  to the benefit of any private shareholder or
     8  individual.
     9    § 2. The opening paragraph of subdivision 5  of  section  201  of  the
    10  workers'  compensation  law,  as  amended  by chapter 481 of the laws of
    11  2010, is amended to read as follows:
    12    "Employee" means a person engaged in the service of an employer in any
    13  employment defined in subdivision six of this section,  except  a  minor
    14  child of the employer, except a duly ordained, commissioned, or licensed
    15  minister,  priest  or  rabbi,  a  sexton, a christian science reader, or
    16  member of a religious order, or an executive officer  of  a  corporation
    17  who  at  all times during the period involved owns all of the issued and
    18  outstanding stock of the corporation and holds all of the offices pursu-
    19  ant to paragraph (e) of section seven hundred fifteen  of  the  business
    20  corporation  law  or  two executive officers of a corporation who at all
    21  times during the period involved between them own all of the issued  and
    22  outstanding  stock  of  such  corporation  and  hold  all  such  offices
    23  provided, however, that each officer must own  at  least  one  share  of
    24  stock, except as provided in section two hundred twelve of this article,
    25  or  an  executive  officer  of  an incorporated religious, charitable or
    26  educational institution, or persons engaged in a professional [or teach-
    27  ing] capacity in or for a religious, charitable or educational  institu-
    28  tion,  or  volunteers  in  or for a religious, charitable or educational
    29  institution, or persons participating in  and  receiving  rehabilitative
    30  services  in a sheltered workshop operated by a religious, charitable or
    31  educational institution under a certificate issued by the United  States
    32  department of labor, or recipients of charitable aid from a religious or
    33  charitable  institution who perform work in or for the institution which
    34  is incidental to or in return for the aid conferred, and  not  under  an
    35  express  contract  of  hire.  The terms "religious, charitable or educa-
    36  tional institution"  mean  a  corporation,  unincorporated  association,
    37  community  chest,  fund or foundation organized and operated exclusively
    38  for religious, charitable or educational purposes, no part  of  the  net
    39  earnings  of  which  inure  to the benefit of any private shareholder or
    40  individual.
    41    § 3. This act shall take effect on the thirtieth day  after  it  shall
    42  have become a law.