S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5894
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2017
                                ___________
 
 Introduced  by  M. of A. GLICK, CAHILL -- Multi-Sponsored by -- M. of A.
   AUBRY, COLTON, DINOWITZ, GOTTFRIED, HOOPER, ORTIZ, WEINSTEIN  --  read
   once and referred to the Committee on Labor
 
 AN  ACT  to  amend  the  labor law, in relation to allowing employees to
   utilize sick leave to care for family, household members and  domestic
   partners

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The labor law is amended by adding a  new  section  19  to
 read as follows:
   §  19.  SICK  LEAVE;  DOMESTIC PARTNERS.   1. AS USED IN THIS SECTION:
 "DOMESTIC PARTNER" MEANS A PERSON WHO, WITH RESPECT TO ANOTHER PERSON:
   (A) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO  THE  LAWS  OF  THE
 UNITED  STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
 TERED AS THE DOMESTIC PARTNER OF THE  OTHER  PERSON  WITH  ANY  REGISTRY
 MAINTAINED  BY  THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
 OR FOREIGN JURISDICTION; OR
   (B) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE  OTHER  PERSON  FOR
 SUPPORT,  AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
 MUTUAL INTENT TO BE DOMESTIC PARTNERS  INCLUDING  BUT  NOT  LIMITED  TO:
 COMMON  OWNERSHIP  OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
 HOUSEHOLDING, SHARED INCOME OR  SHARED  EXPENSES;  CHILDREN  IN  COMMON;
 SHARED  HEALTH  OR EMPLOYMENT BENEFIT COVERAGE; SIGNS OF INTENT TO MARRY
 OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH (A) OF THIS SUBDIVISION;  OR
 THE LENGTH OF THE PERSONAL RELATIONSHIP OF THE PERSONS.
   2.  "DOMESTIC  PARTNER" SHALL NOT INCLUDE ANY PERSON WHO IS RELATED BY
 BLOOD TO SUCH OTHER PERSON IN A MANNER THAT WOULD BAR MARRIAGE  TO  SUCH
 OTHER  PERSON  IN  NEW  YORK  STATE.  "DOMESTIC  PARTNER" ALSO SHALL NOT
 INCLUDE ANY PERSON WHO IS LESS THAN EIGHTEEN YEARS OF AGE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00959-01-7
              

 A. 5894                             2
 
   3. SICK LEAVE DOES NOT INCLUDE ANY BENEFIT PROVIDED UNDER AN  EMPLOYEE
 WELFARE  BENEFIT  PLAN SUBJECT TO THE FEDERAL EMPLOYEE RETIREMENT INCOME
 SECURITY ACT OF 1974 AND DOES NOT INCLUDE ANY INSURANCE  BENEFIT,  WORK-
 ERS' COMPENSATION BENEFIT, UNEMPLOYMENT COMPENSATION DISABILITY BENEFIT,
 OR BENEFIT NOT PAYABLE FROM THE EMPLOYER.
   4. "EMPLOYER" MEANS A STATE AGENCY, AN OFFICE OR DEPARTMENT, A UNIT OF
 LOCAL  GOVERNMENT,  A  SCHOOL DISTRICT, AN INDIVIDUAL, A PARTNERSHIP, AN
 ASSOCIATION, A CORPORATION OR A NONPROFIT  ORGANIZATION,  WHICH  EMPLOYS
 FIFTY OR MORE EMPLOYEES IN THE STATE OF NEW YORK.
   5.  ANY  EMPLOYEE  WHO HAS BEEN GRANTED A LEAVE OF ABSENCE PURSUANT TO
 THE PROVISIONS OF THE FEDERAL FAMILY AND  MEDICAL  LEAVE  ACT  SHALL  BE
 ENTITLED  TO  UTILIZE  ANY OF SUCH EMPLOYEE'S ACCRUED AND AVAILABLE SICK
 LEAVE FOR SUCH LEAVE. SUCH LEAVE MAY BE TAKEN  IN  EITHER  FULL  DAY  OR
 PARTIAL DAY INCREMENTS.
   6.  ANY EMPLOYEE WORKING FOR AN EMPLOYER WITH FIFTY OR MORE EMPLOYEES,
 WHICH PROVIDES SICK LEAVE  FOR  ITS  EMPLOYEES,  SHALL  BE  ENTITLED  TO
 UTILIZE SUCH EMPLOYEE'S ACCRUED AND AVAILABLE SICK LEAVE TO PROVIDE CARE
 TO  IMMEDIATE  FAMILY,  HOUSEHOLD  MEMBERS OR DOMESTIC PARTNERS IN THOSE
 MEDICAL SITUATIONS NOT COVERED BY THE FEDERAL FAMILY AND  MEDICAL  LEAVE
 ACT.  SUCH  LEAVE  MAY BE TAKEN IN EITHER FULL DAY OR PARTIAL DAY INCRE-
 MENTS.
   7. EXCEPT  AS  OTHERWISE  PROVIDED  PURSUANT  TO  A  VALID  COLLECTIVE
 BARGAINING  AGREEMENT, AN EMPLOYER WHO PROVIDES SICK LEAVE FOR EMPLOYEES
 SHALL PERMIT AN EMPLOYEE TO USE IN ANY CALENDAR  YEAR,  SUCH  EMPLOYEE'S
 ACCRUED AND AVAILABLE SICK LEAVE PURSUANT TO THIS SECTION.
   §  2.  Nothing  in  this act shall be construed to impede, infringe or
 diminish the rights and benefits which accrue to employees through  bona
 fide  collective bargaining agreements, or otherwise diminish the integ-
 rity of existing collective bargaining agreements and other  past  prac-
 tices.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided however, the provisions of this act
 shall  not  supersede  any  collective  bargaining agreement, during its
 term, in existence on the effective date of this act.