Bill Text: NY S07723 | 2017-2018 | General Assembly | Amended

Bill Title: Provides that an eligible employee may take two weeks of paid leave through the paid family leave program and an additional two weeks of unpaid leave during any 52 week calendar period as a result of being a victim of domestic or sexual abuse.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-02-20 - PRINT NUMBER 7723A [S07723 Detail]

Download: New_York-2017-S07723-Amended.html

                STATE OF NEW YORK
                    IN SENATE
                                    February 13, 2018
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Labor  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN  ACT to amend the workers' compensation law, in relation to providing
          four weeks of leave for victims of abuse
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (c) of subdivision 15 of section 201 of the work-
     2  ers' compensation law, as added by section 2 of part SS of chapter 54 of
     3  the laws of 2016, is amended and a new paragraph (d) is added to read as
     4  follows:
     5    (c) because of any qualifying exigency as interpreted under the family
     6  and  medical  leave  act,  29  U.S.C.S  §  2612(a)(1)(e)  and  29 C.F.R.
     7  S.825.126(a)(1)-(8), arising out of the fact that the  spouse,  domestic
     8  partner, child, or parent of the employee is on active duty (or has been
     9  notified  of  an  impending  call  or order to active duty) in the armed
    10  forces of the United States[.]; or
    11    (d) to seek services as a  victim  of  domestic  or  sexual  violence,
    12  including,  but  not  limited to, medical attention from any physical or
    13  psychological injuries, attending counseling sessions in order  to  deal
    14  with  the  effects  of such injuries, seeking legal assistance including
    15  attendance in court proceedings or to communicate with an attorney,  and
    16  seeking  services  allowing  for  relocating to a permanent or temporary
    17  residence.
    18    § 1-a. Section 201 of the workers'  compensation  law  is  amended  by
    19  adding four new subdivisions 24, 25, 26 and 27 to read as follows:
    20    24.  "Victim  of  domestic or sexual abuse" means a victim of domestic
    21  violence, a sex offense, or stalking.
    22    25. "Victim of domestic violence" means an individual who is a  victim
    23  of  an  act which would constitute a family offense pursuant to subdivi-
    24  sion one of section eight hundred twelve of the family court act.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 7723--A                          2
     1    26. "Victim of a sex offense" means an individual who is a  victim  of
     2  an  act or acts that would constitute a violation of article one hundred
     3  thirty of the penal law.
     4    27. "Victim of stalking" means an individual who is a victim of an act
     5  or  acts  that  would  constitute a violation of section 120.45, 120.50,
     6  120.55, or 120.60 of the penal law.
     7    § 2. Section 204 of the workers' compensation law is amended by adding
     8  a new subdivision 3 to read as follows:
     9    3. Notwithstanding any provision of law to the  contrary,  the  weekly
    10  benefit  for family leave taken pursuant to paragraph (d) of subdivision
    11  fifteen of section two hundred one of this article shall not exceed  two
    12  weeks during any fifty-two week calendar period and shall be sixty-seven
    13  percent  of  the  employee's  average  weekly wages but shall not exceed
    14  sixty-seven percent of the New York state average weekly wage.
    15    § 3. The workers' compensation law is amended by adding a new  section
    16  204-a to read as follows:
    17    §  204-a.  Additional  unpaid  leave for victims of domestic or sexual
    18  abuse. In addition to any leave taken by a victim of domestic or  sexual
    19  abuse  pursuant to section two hundred four of this article, an eligible
    20  employee may take an additional two weeks of  unpaid  leave  during  any
    21  fifty-two week calendar period. An employee taking unpaid leave pursuant
    22  to  the  provisions  of  this  section shall otherwise be treated as any
    23  other covered employee for the purposes of this chapter.
    24    § 4. The department of financial services is authorized to  take  into
    25  account the provisions of this act when determining the maximum employee
    26  contribution  for the paid family leave program pursuant to article nine
    27  of the workers' compensation law.
    28    § 5. This act shall take effect on the first of January next  succeed-
    29  ing the date on which it shall have become a law.