senate Bill S120

Establishes the New York family leave act providing for leaves of absence for the birth or adoption of a child

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 09 / Jan / 2013
    • REFERRED TO LABOR
  • 08 / Jan / 2014
    • REFERRED TO LABOR

Summary

Establishes the New York family leave act providing for leaves of absence for the birth or adoption of a child.

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Bill Details

See Assembly Version of this Bill:
A2654
Versions:
S120
Legislative Cycle:
2013-2014
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §202-l, Lab L; add §159-d, Civ Serv L; amd §§3221 & 4305, Ins L
Versions Introduced in 2011-2012 Legislative Cycle:
S6896, A9476A

Sponsor Memo

BILL NUMBER:S120

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
To amend the labor law, the civil service law and the insurance law in
relation to providing for an additional 12 week leave of absence for
the birth or adoption of a child without payor benefits, but with job
protection and maintenance of insurance coverage through self-paid
premiums.

SUMMARY OF SPECIFIC PROVISIONS:
The Act will amend the labor law by adding section 202-1 and the civil
service law by adding section 159-d to provide that 12 week job and
benefit protected leave guaranteed under the Federal Family Medical
Leave Act. The act will further provide an additional 12 weeks of job
protected leave, although the additional leave will not include payor
benefits. Finally, the act amends the insurance law to guarantee
maintenance of health care benefits through self-paid premiums.

JUSTIFICATION:
Working families should be able to provide their children with the
health and psychosocial benefits associated with parent bonding and
breastfeeding.

Infant-parent bonding allows attachments to form. Proper attachment
has a profound effect on immediate and future physical and emotional
health for the child. Rates of mortality and maternal depression
decrease with each additional week of parental leave. Verbal ability,
math proficiency and reading scores are negatively affected by
parents working in the first year of a child's life.

According to the journal Pediatrics breastfeeding should be continued
for the first year of life, only supplemented by other nutrients and
food at 6 months. Breastfeeding is a time-consuming process that is
difficult to accomplish in the workplace.

For the infant, breastfeeding provides protection against infectious
diseases, diarrhea, SIDS, diabetes, asthma, and certain types of
cancer. Prolonged breastfeeding has also been shown to improve a
child's cognitive development and psychosocial outcomes including
higher IQ scores, teacher evaluations and better academic performance.

Breastfeeding is also associated with better maternal health outcomes,
including a lower risk of breast and ovarian cancer and osteoporosis.

Additional parental leave has been proven a cost-effective method of
decreasing health costs.

PRIOR LEGISLATIVE HISTORY:
2011-12: S.6896


FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Potential reduction in WIC, TANF, CHIP, and Medicaid payments.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become law.
Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on
its effective date is authorized to be made on or before such date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   120

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed 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:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "New York family leave act".
  S 2. The labor law is amended by adding a new section 202-l to read as
follows:
  S 202-L. LEAVE OF ABSENCE UPON THE BIRTH OR ADOPTION OF A CHILD GRANT-
ED  TO  EMPLOYEES.  1.   FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "COMMENCEMENT OF THE PARENT-CHILD RELATIONSHIP" SHALL MEAN:
  (I) WHEN THE ADOPTION OCCURS UNDER SPONSORSHIP OF AN AUTHORIZED  AGEN-
CY,  AS  DEFINED IN SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE
OF THE SOCIAL SERVICES LAW, THE DATE THE CHILD IS PLACED BY THE  AUTHOR-
IZED  AGENCY  IN  THE  HOME  OF THE ADOPTIVE PARENTS PURSUANT TO SECTION
THREE HUNDRED EIGHTY-FOUR OF THE SOCIAL SERVICES LAW.
  (II) WHEN THE ADOPTION OCCURS WITHOUT THE SPONSORSHIP OF AN AUTHORIZED
AGENCY, THE DATE A PETITION FOR THE ADOPTION OF A  CHILD  RESIDING  WITH
THE ADOPTIVE PARENTS IS FILED IN A COURT.
  (B)  "EMPLOYEE"  MEANS  A PERSON WHO PERFORMS SERVICES FOR HIRE FOR AN
EMPLOYER, FOR AN AVERAGE OF TWENTY OR MORE HOURS PER WEEK, AND  INCLUDES
ALL  INDIVIDUALS  EMPLOYED  AT ANY SITE OWNED OR OPERATED BY AN EMPLOYER
BUT SHALL NOT INCLUDE AN INDEPENDENT CONTRACTOR.
  (C) "EMPLOYER" MEANS A PERSON OR ENTITY THAT  EMPLOYS  FIFTY  OR  MORE
EMPLOYEES  AT AT LEAST ONE SITE AND INCLUDES AN INDIVIDUAL, CORPORATION,
PARTNERSHIP, ASSOCIATION,  NONPROFIT  ORGANIZATION,  GROUP  OF  PERSONS,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00316-01-3

S. 120                              2

STATE,  COUNTY,  TOWN,  CITY, SCHOOL DISTRICT, PUBLIC AUTHORITY OR OTHER
GOVERNMENTAL SUBDIVISION OF ANY KIND.
  2.  (A) AN EMPLOYER SHALL PERMIT ANY EMPLOYEE, MALE OR FEMALE, TO TAKE
A LEAVE OF ABSENCE FROM EMPLOYMENT WITHOUT LOSS OF PAY OR DIMINUTION  OF
ANY  OTHER  PRIVILEGE,  BENEFIT OR RIGHT ARISING OUT OF SUCH EMPLOYMENT,
FOR UP TO TWELVE WEEKS UPON THE BIRTH OF  SUCH  EMPLOYEE'S  CHILD.    AN
ADOPTIVE   PARENT,   FOLLOWING  THE  COMMENCEMENT  OF  THE  PARENT-CHILD
RELATIONSHIP, SHALL BE ENTITLED TO THE SAME  LEAVE  AND  UPON  THE  SAME
TERMS.
  (B)  IN  ADDITION  TO THE LEAVE OF ABSENCE GRANTED IN PARAGRAPH (A) OF
THIS SUBDIVISION, AN EMPLOYER SHALL PERMIT ANY EMPLOYEE, MALE OR FEMALE,
TO TAKE AN ADDITIONAL TWELVE WEEKS  LEAVE  OF  ABSENCE  FROM  EMPLOYMENT
WITHOUT PAY OR ANY OTHER PRIVILEGE, BENEFIT OR RIGHT ARISING OUT OF SUCH
EMPLOYMENT,  BUT  WITHOUT  DEMOTION.  AN  ADOPTIVE PARENT, FOLLOWING THE
COMMENCEMENT OF THE PARENT-CHILD RELATIONSHIP, SHALL BE ENTITLED TO  THE
SAME ADDITIONAL LEAVE AND UPON THE SAME TERMS.
  3.  AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR REQUESTING
OR OBTAINING A LEAVE OF ABSENCE UNDER THIS SECTION.
  4. THIS SECTION SHALL NOT PREVENT AN  EMPLOYER  FROM  PROVIDING  LEAVE
UPON THE BIRTH OR ADOPTION OF A CHILD IN ADDITION TO LEAVE ALLOWED UNDER
ANY  OTHER PROVISION OF LAW. THIS SECTION SHALL NOT AFFECT AN EMPLOYEE'S
RIGHTS WITH RESPECT TO ANY OTHER EMPLOYEE BENEFIT OTHERWISE PROVIDED  BY
LAW.
  5. THE COMMISSIONER IS HEREBY AUTHORIZED AND DIRECTED TO ESTABLISH ANY
NECESSARY  GUIDELINES,  INCLUDING  REQUIREMENTS  FOR NOTICE, REQUEST AND
APPROVAL OF LEAVE, AND DOCUMENTATION, FOR THE TIMELY  IMPLEMENTATION  OF
THE PROGRAM.
  S 3. The civil service law is amended by adding a new section 159-d to
read as follows:
  S  159-D.  EXCUSED  LEAVE  FOR THE BIRTH OR ADOPTION OF A CHILD. 1. A.
EVERY PUBLIC OFFICER, EMPLOYEE OF THIS STATE, EMPLOYEE  OF  ANY  COUNTY,
EMPLOYEE  OF  ANY  COMMUNITY  COLLEGE, EMPLOYEE OF ANY PUBLIC AUTHORITY,
EMPLOYEE OF ANY PUBLIC BENEFIT CORPORATION, EMPLOYEE  OF  ANY  BOARD  OF
COOPERATIVE  EDUCATIONAL  SERVICES  (BOCES),  EMPLOYEE OF ANY VOCATIONAL
EDUCATION AND EXTENSION  BOARD,  OR  A  SCHOOL  DISTRICT  ENUMERATED  IN
SECTION  ONE  OF  CHAPTER FIVE HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN
HUNDRED SIXTY-SEVEN, EMPLOYEE  OF  ANY  MUNICIPALITY,  EMPLOYEE  OF  ANY
SCHOOL  DISTRICT  OR ANY EMPLOYEE OF A PARTICIPATING EMPLOYER IN THE NEW
YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR ANY EMPLOYEE  OF  A
PARTICIPATING EMPLOYER IN THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM
SHALL BE ENTITLED TO HAVE A PAID LEAVE OF ABSENCE FROM HIS OR HER DUTIES
OR  SERVICE  AS SUCH PUBLIC OFFICER, EMPLOYEE OF THIS STATE, EMPLOYEE OF
ANY COUNTY, EMPLOYEE OF ANY COMMUNITY COLLEGE, EMPLOYEE  OF  ANY  PUBLIC
AUTHORITY,  EMPLOYEE  OF ANY PUBLIC BENEFIT CORPORATION, EMPLOYEE OF ANY
BOARD OF COOPERATIVE EDUCATIONAL SERVICES (BOCES), EMPLOYEE OF ANY VOCA-
TIONAL EDUCATION AND EXTENSION BOARD, OR A SCHOOL DISTRICT ENUMERATED IN
SECTION ONE OF CHAPTER FIVE HUNDRED SIXTY-SIX OF THE  LAWS  OF  NINETEEN
HUNDRED  SIXTY-SEVEN,  EMPLOYEE  OF  ANY  MUNICIPALITY,  EMPLOYEE OF ANY
SCHOOL DISTRICT, OR ANY EMPLOYEE OF A PARTICIPATING EMPLOYER IN THE  NEW
YORK  STATE  AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR ANY EMPLOYEE OF A
PARTICIPATING EMPLOYER IN THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM
FOR A SUFFICIENT PERIOD OF TIME, NOT TO EXCEED  TWELVE  WEEKS  UPON  THE
BIRTH  OF  SUCH  EMPLOYEE'S  CHILD,  AN  ADOPTIVE  PARENT, FOLLOWING THE
COMMENCEMENT OF THE PARENT-CHILD RELATIONSHIP, SHALL BE ENTITLED TO  THE
SAME LEAVE AND UPON THE SAME TERMS.

S. 120                              3

  B.  IN ADDITION TO THE LEAVE OF ABSENCE GRANTED IN PARAGRAPH A OF THIS
SUBDIVISION, EVERY PUBLIC OFFICER, EMPLOYEE OF THIS STATE,  EMPLOYEE  OF
ANY  COUNTY,  EMPLOYEE  OF ANY COMMUNITY COLLEGE, EMPLOYEE OF ANY PUBLIC
AUTHORITY, EMPLOYEE OF ANY PUBLIC BENEFIT CORPORATION, EMPLOYEE  OF  ANY
BOARD OF COOPERATIVE EDUCATIONAL SERVICES (BOCES), EMPLOYEE OF ANY VOCA-
TIONAL EDUCATION AND EXTENSION BOARD, OR A SCHOOL DISTRICT ENUMERATED IN
SECTION  ONE  OF  CHAPTER FIVE HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN
HUNDRED SIXTY-SEVEN, EMPLOYEE  OF  ANY  MUNICIPALITY,  EMPLOYEE  OF  ANY
SCHOOL  DISTRICT  OR ANY EMPLOYEE OF A PARTICIPATING EMPLOYER IN THE NEW
YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR ANY EMPLOYEE  OF  A
PARTICIPATING EMPLOYER IN THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM
SHALL  BE  ENTITLED TO HAVE A PERIOD OF UNPAID LEAVE OF ABSENCE FROM HIS
OR HER DUTIES OR SERVICE AS SUCH PUBLIC OFFICER, EMPLOYEE OF THIS STATE,
EMPLOYEE OF ANY COUNTY, EMPLOYEE OF ANY COMMUNITY COLLEGE,  EMPLOYEE  OF
ANY  PUBLIC  AUTHORITY,  EMPLOYEE  OF  ANY  PUBLIC  BENEFIT CORPORATION,
EMPLOYEE OF ANY  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  (BOCES),
EMPLOYEE  OF  ANY  VOCATIONAL EDUCATION AND EXTENSION BOARD, OR A SCHOOL
DISTRICT ENUMERATED IN SECTION ONE OF CHAPTER FIVE HUNDRED SIXTY-SIX  OF
THE  LAWS OF NINETEEN HUNDRED SIXTY-SEVEN, EMPLOYEE OF ANY MUNICIPALITY,
EMPLOYEE OF ANY SCHOOL DISTRICT, OR  ANY  EMPLOYEE  OF  A  PARTICIPATING
EMPLOYER IN THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR
ANY EMPLOYEE OF A PARTICIPATING EMPLOYER IN THE NEW YORK STATE TEACHERS'
RETIREMENT  SYSTEM  FOR  A  SUFFICIENT  PERIOD OF TIME, NOT TO EXCEED AN
ADDITIONAL TWELVE WEEKS UPON THE BIRTH  OF  SUCH  EMPLOYEE'S  CHILD,  AN
ADOPTIVE   PARENT,   FOLLOWING  THE  COMMENCEMENT  OF  THE  PARENT-CHILD
RELATIONSHIP, SHALL BE ENTITLED TO THE SAME  LEAVE  AND  UPON  THE  SAME
TERMS.
  2.  THE ENTIRE PERIOD OF THE LEAVE OF ABSENCE GRANTED PURSUANT TO THIS
SECTION SHALL BE EXCUSED LEAVE AND SHALL  NOT  BE  CHARGED  AGAINST  ANY
OTHER LEAVE SUCH PUBLIC OFFICER, EMPLOYEE OF THIS STATE, EMPLOYEE OF ANY
COUNTY,  EMPLOYEE  OF  ANY  COMMUNITY  COLLEGE,  EMPLOYEE  OF ANY PUBLIC
AUTHORITY, EMPLOYEE OF ANY PUBLIC BENEFIT CORPORATION, EMPLOYEE  OF  ANY
BOARD OF COOPERATIVE EDUCATIONAL SERVICES (BOCES), EMPLOYEE OF ANY VOCA-
TIONAL EDUCATION AND EXTENSION BOARD, OR A SCHOOL DISTRICT ENUMERATED IN
SECTION  ONE  OF  CHAPTER FIVE HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN
HUNDRED SIXTY-SEVEN, EMPLOYEE  OF  ANY  MUNICIPALITY,  EMPLOYEE  OF  ANY
SCHOOL  DISTRICT  OR ANY EMPLOYEE OF A PARTICIPATING EMPLOYER IN THE NEW
YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR ANY EMPLOYEE  OF  A
PARTICIPATING EMPLOYER IN THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM
IS OTHERWISE ENTITLED TO.
  3.  FOR  THE  PURPOSES  OF THIS SECTION, THE TERM "COMMENCEMENT OF THE
PARENT-CHILD RELATIONSHIP" SHALL MEAN:
  A. WHEN THE ADOPTION OCCURS UNDER SPONSORSHIP OF AN AUTHORIZED AGENCY,
AS DEFINED IN SUBDIVISION TEN OF SECTION THREE  HUNDRED  SEVENTY-ONE  OF
THE  SOCIAL SERVICES LAW, THE DATE THE CHILD IS PLACED BY THE AUTHORIZED
AGENCY IN THE HOME OF THE ADOPTIVE PARENTS  PURSUANT  TO  SECTION  THREE
HUNDRED EIGHTY-FOUR OF THE SOCIAL SERVICES LAW.
  B.  WHEN  THE ADOPTION OCCURS WITHOUT THE SPONSORSHIP OF AN AUTHORIZED
AGENCY, THE DATE A PETITION FOR THE ADOPTION OF A  CHILD  RESIDING  WITH
THE ADOPTIVE PARENTS IS FILED IN A COURT.
  S  4.   Subsection (a) of section 3221 of the insurance law is amended
by adding a new paragraph 17 to read as follows:
  (17) THAT A GROUP OR BLANKET POLICY ISSUED PURSUANT  TO  THIS  ARTICLE
SHALL CONTAIN A PROVISION TO THE EFFECT THAT ANY MEMBER OF THE GROUP WHO
TAKES A LEAVE OF ABSENCE AS PROVIDED FOR IN PARAGRAPH (B) OF SUBDIVISION
TWO  OF  SECTION  TWO  HUNDRED  TWO-L OF THE LABOR LAW OR PARAGRAPH B OF

S. 120                              4

SUBDIVISION ONE OF SECTION ONE HUNDRED FIFTY-NINE-D OF THE CIVIL SERVICE
LAW MAY CONTINUE TO MAINTAIN SUCH POLICY UPON THE PAYMENT OF APPROPRIATE
PREMIUMS UNTIL SUCH MEMBER RESUMES EMPLOYMENT WITH HIS OR HER EMPLOYER.
  S  5.  Section  4305  of  the insurance law is amended by adding a new
subsection (i) to read as follows:
  (I) A GROUP CONTRACT ISSUED PURSUANT TO THIS SECTION SHALL  CONTAIN  A
PROVISION  TO  THE  EFFECT  THAT  IN CASE OF ANY MEMBER OF THE GROUP WHO
TAKES A LEAVE OF ABSENCE AS PROVIDED FOR IN PARAGRAPH (B) OF SUBDIVISION
TWO OF SECTION TWO HUNDRED TWO-L OF THE LABOR  LAW  OR  PARAGRAPH  B  OF
SUBDIVISION ONE OF SECTION ONE HUNDRED FIFTY-NINE-D OF THE CIVIL SERVICE
LAW,  SHALL  BE  ENTITLED TO MAINTAIN, WITHOUT EVIDENCE OF INSURABILITY,
UPON APPLICATION THEREFOR AND PAYMENT OF THE FIRST PREMIUM MADE  TO  THE
CORPORATION  WITHIN  AN  APPROPRIATE  TIME  AFTER  TAKING  SUCH LEAVE OF
ABSENCE, A CONTINUATION OF SUCH CONTRACT, COVERING SUCH MEMBER  AND  HIS
OR  HER ELIGIBLE DEPENDENTS WHO WERE COVERED BY THE GROUP CONTRACT UNTIL
SUCH MEMBER RESUMES EMPLOYMENT WITH HIS OR HER EMPLOYER.
  S 6.  This act shall take effect on  the  one  hundred  twentieth  day
after  it  shall have become a law. Effective immediately, the addition,
amendment and/or repeal of any rule  or  regulation  necessary  for  the
implementation  of  this  act  on its effective date is authorized to be
made on or before such date.

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