Bill Text: NY A01601 | 2009-2010 | General Assembly | Introduced


Bill Title: An act to amend the labor law, in relation to allowing employees to use paid vacation or paid sick or personal leave to care for family members

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Introduced - Dead) 2010-06-01 - held for consideration in labor [A01601 Detail]

Download: New_York-2009-A01601-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1601
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by M. of A. ZEBROWSKI, BRADLEY, GREENE, O'DONNELL, CARROZZA,
         JAFFEE, PERALTA, ESPAILLAT, KELLNER, ROBINSON -- Multi-Sponsored by --
         M. of A. BOYLAND, COOK, DIAZ, DINOWITZ, GOTTFRIED, JOHN, MAISEL, MILL-
         MAN, PEOPLES, PHEFFER, SEMINERIO, TITONE, WEISENBERG -- read once  and
         referred to the Committee on Labor
       AN  ACT to amend the labor law, in relation to allowing employees to use
         paid vacation or paid sick  or  personal  leave  to  care  for  family
         members
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The labor law is amended by adding a new section  202-l  to
    2  read as follows:
    3    S 202-L. FAMILY CARE LEAVE OF ABSENCE. 1. EVERY EMPLOYER THAT PROVIDES
    4  PAID SICK OR PERSONAL LEAVE OR PAID VACATION TIME TO ITS EMPLOYEES SHALL
    5  ALLOW  SUCH  EMPLOYEES TO UTILIZE THEIR ACCRUED SICK, PERSONAL AND VACA-
    6  TION TIME FOR THE PURPOSE OF CARING FOR A FAMILY MEMBER.
    7    2. AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR  REQUESTING
    8  OR OBTAINING A LEAVE OF ABSENCE AS PROVIDED BY THIS SECTION.
    9    3.  THE  PROVISIONS OF THIS SECTION SHALL NOT PREVENT AN EMPLOYER FROM
   10  PROVIDING LEAVE FOR THE PURPOSE OF CARING FOR A  FAMILY  MEMBER  WITH  A
   11  SERIOUS  HEALTH  CONDITION  IN ADDITION TO LEAVE ALLOWED UNDER ANY OTHER
   12  PROVISION OF LAW. THE PROVISIONS OF THIS SECTION  SHALL  NOT  AFFECT  AN
   13  EMPLOYEE'S  RIGHTS  WITH RESPECT TO ANY OTHER EMPLOYEE BENEFIT OTHERWISE
   14  PROVIDED BY LAW.
   15    4. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
   16  ING MEANINGS:
   17    (A) "CARING FOR A FAMILY MEMBER" MEANS: (I) PARTICIPATING IN PROVIDING
   18  CARE, INCLUDING PHYSICAL OR PSYCHOLOGICAL CARE, FOR A FAMILY  MEMBER  OF
   19  THE  EMPLOYEE MADE NECESSARY BY A SERIOUS HEALTH CONDITION OF THE FAMILY
   20  MEMBER; OR (II) BONDING WITH HIS OR HER CHILD DURING  THE  FIRST  TWELVE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02491-01-9
       A. 1601                             2
    1  MONTHS  AFTER  THE  CHILD'S  BIRTH, OR THE FIRST TWELVE MONTHS AFTER THE
    2  PLACEMENT OF THE CHILD FOR ADOPTION OR FOSTER CARE WITH THE EMPLOYEE;
    3    (B)  "SERIOUS  HEALTH CONDITION" MEANS AN ILLNESS, INJURY, IMPAIRMENT,
    4  OR PHYSICAL OR MENTAL CONDITION THAT: (I) REQUIRES INPATIENT CARE  IN  A
    5  HOSPITAL,  HOSPICE OR RESIDENTIAL HEALTH CARE FACILITY; OR (II) REQUIRES
    6  CONTINUING TREATMENT BY A HEALTH CARE PROVIDER;
    7    (C) "FAMILY MEMBER" MEANS A CHILD, SPOUSE, DOMESTIC PARTNER AS DEFINED
    8  IN SECTION FOUR OF THE WORKERS' COMPENSATION  LAW,  PARENT,  GRANDCHILD,
    9  MOTHER-IN-LAW OR FATHER-IN-LAW;
   10    (D) "CHILD" MEANS A BIOLOGICAL, ADOPTED, OR FOSTER CHILD, A STEPCHILD,
   11  A  LEGAL WARD, OR A CHILD OF A PERSON STANDING IN LOCO PARENTIS, WHO IS:
   12  (I) UNDER EIGHTEEN YEARS OF AGE; OR (II) EIGHTEEN YEARS OF AGE OR  OLDER
   13  AND INCAPABLE OF SELF-CARE BECAUSE OF A MENTAL OR PHYSICAL DISABILITY;
   14    (E)  "PARENT"  MEANS  THE BIOLOGICAL, ADOPTIVE, OR FOSTER PARENT OF AN
   15  EMPLOYEE OR INDIVIDUAL WHO STOOD IN LOCO PARENTIS TO  AN  EMPLOYEE  WHEN
   16  THE EMPLOYEE WAS A SON OR DAUGHTER;
   17    (F)  PERSONS  WHO ARE "IN LOCO PARENTIS" INCLUDE THOSE WITH DAY-TO-DAY
   18  RESPONSIBILITIES TO CARE FOR AND FINANCIALLY SUPPORT A CHILD OR, IN  THE
   19  CASE  OF  AN EMPLOYEE, WHO HAD SUCH RESPONSIBILITY FOR THE EMPLOYEE WHEN
   20  THE EMPLOYEE WAS A CHILD. A BIOLOGICAL  OR  LEGAL  RELATIONSHIP  IS  NOT
   21  NECESSARY;
   22    (G) "GRANDCHILD" MEANS THE CHILD OF A CHILD; AND
   23    (H)  "HEALTH  CARE  PROVIDER"  MEANS  ANY  PROVIDER  TREATING A FAMILY
   24  MEMBER'S SERIOUS HEALTH CONDITION, INCLUDING  A  PHYSICIAN,  PODIATRIST,
   25  CHIROPRACTOR,  DENTIST, PSYCHOLOGIST, CERTIFIED NURSE MIDWIFE, OR IN THE
   26  CASE OF A FAMILY MEMBER WHO ADHERES TO THE FAITH  OR  TEACHINGS  OF  ANY
   27  CHURCH  OR DENOMINATION, AND WHO IN ACCORDANCE WITH ITS CREED, TENETS OR
   28  PRINCIPLES DEPENDS FOR HEALING UPON PRAYER THROUGH SPIRITUAL MEANS ALONE
   29  IN THE PRACTICE OF RELIGION, BY AN ACCREDITED  PRACTITIONER,  CONTAINING
   30  FACTS  AND OPINIONS AS TO SUCH HEALTH CONDITION IN COMPLIANCE WITH REGU-
   31  LATIONS OF THE CHAIR.
   32    S 2. This act shall take effect on the first of January next  succeed-
   33  ing  the  date  on  which it shall have become a law; provided, however,
   34  that effective immediately, the addition, amendment and/or repeal of any
   35  rules or regulations necessary for the implementation of  this  act  and
   36  any  administrative  steps  necessary to effectuate the purposes of this
   37  act on its effective date are authorized and directed  to  be  made  and
   38  completed on or before such effective date.
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