Bill Text: NY A05875 | 2019-2020 | General Assembly | Introduced
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 2-0)
Status: (Introduced - Dead) 2020-01-08 - referred to labor [A05875 Detail]
Download: New_York-2019-A05875-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5875 2019-2020 Regular Sessions IN ASSEMBLY February 20, 2019 ___________ 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 [teaching5or] 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06039-01-9A. 5875 2 1 in employment under the terms of this section. All persons who are 2 members of a supervised amateur athletic activity operated on a non-pro- 3 fit basis shall not be deemed to be employed or engaged in employment 4 under the terms of this section, provided that said members are not also 5 otherwise engaged or employed by any person, firm or corporation partic- 6 ipating in said athletic activity. The terms "religious, charitable or 7 educational institution" mean a corporation, unincorporated association, 8 community chest, fund or foundation organized and operated exclusively 9 for religious, charitable or educational purposes, no part of the net 10 earnings of which inure to the benefit of any private shareholder or 11 individual. 12 § 2. The opening paragraph of subdivision 5 of section 201 of the 13 workers' compensation law, as amended by chapter 481 of the laws of 14 2010, is amended to read as follows: 15 "Employee" means a person engaged in the service of an employer in any 16 employment defined in subdivision six of this section, except a minor 17 child of the employer, except a duly ordained, commissioned, or licensed 18 minister, priest or rabbi, a sexton, a christian science reader, or 19 member of a religious order, or an executive officer of a corporation 20 who at all times during the period involved owns all of the issued and 21 outstanding stock of the corporation and holds all of the offices pursu- 22 ant to paragraph (e) of section seven hundred fifteen of the business 23 corporation law or two executive officers of a corporation who at all 24 times during the period involved between them own all of the issued and 25 outstanding stock of such corporation and hold all such offices 26 provided, however, that each officer must own at least one share of 27 stock, except as provided in section two hundred twelve of this article, 28 or an executive officer of an incorporated religious, charitable or 29 educational institution, or persons engaged in a professional [or teach-30ing] capacity in or for a religious, charitable or educational institu- 31 tion, or volunteers in or for a religious, charitable or educational 32 institution, or persons participating in and receiving rehabilitative 33 services in a sheltered workshop operated by a religious, charitable or 34 educational institution under a certificate issued by the United States 35 department of labor, or recipients of charitable aid from a religious or 36 charitable institution who perform work in or for the institution which 37 is incidental to or in return for the aid conferred, and not under an 38 express contract of hire. The terms "religious, charitable or educa- 39 tional institution" mean a corporation, unincorporated association, 40 community chest, fund or foundation organized and operated exclusively 41 for religious, charitable or educational purposes, no part of the net 42 earnings of which inure to the benefit of any private shareholder or 43 individual. 44 § 3. This act shall take effect on the thirtieth day after it shall 45 have become a law.
