S T A T E   O F   N E W   Y O R K
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                                  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:

  Section 1. The labor law is amended by adding a new section  202-l  to
read as follows:
  S 202-L. FAMILY CARE LEAVE OF ABSENCE. 1. EVERY EMPLOYER THAT PROVIDES
PAID SICK OR PERSONAL LEAVE OR PAID VACATION TIME TO ITS EMPLOYEES SHALL
ALLOW  SUCH  EMPLOYEES TO UTILIZE THEIR ACCRUED SICK, PERSONAL AND VACA-
TION TIME FOR THE PURPOSE OF CARING FOR A FAMILY MEMBER.
  2. AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR  REQUESTING
OR OBTAINING A LEAVE OF ABSENCE AS PROVIDED BY THIS SECTION.
  3.  THE  PROVISIONS OF THIS SECTION SHALL NOT PREVENT AN EMPLOYER FROM
PROVIDING LEAVE FOR THE PURPOSE OF CARING FOR A  FAMILY  MEMBER  WITH  A
SERIOUS  HEALTH  CONDITION  IN ADDITION TO LEAVE ALLOWED UNDER ANY OTHER
PROVISION OF LAW. THE PROVISIONS OF THIS SECTION  SHALL  NOT  AFFECT  AN
EMPLOYEE'S  RIGHTS  WITH RESPECT TO ANY OTHER EMPLOYEE BENEFIT OTHERWISE
PROVIDED BY LAW.
  4. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  (A) "CARING FOR A FAMILY MEMBER" MEANS: (I) PARTICIPATING IN PROVIDING
CARE, INCLUDING PHYSICAL OR PSYCHOLOGICAL CARE, FOR A FAMILY  MEMBER  OF
THE  EMPLOYEE MADE NECESSARY BY A SERIOUS HEALTH CONDITION OF THE FAMILY
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

MONTHS  AFTER  THE  CHILD'S  BIRTH, OR THE FIRST TWELVE MONTHS AFTER THE
PLACEMENT OF THE CHILD FOR ADOPTION OR FOSTER CARE WITH THE EMPLOYEE;
  (B)  "SERIOUS  HEALTH CONDITION" MEANS AN ILLNESS, INJURY, IMPAIRMENT,
OR PHYSICAL OR MENTAL CONDITION THAT: (I) REQUIRES INPATIENT CARE  IN  A
HOSPITAL,  HOSPICE OR RESIDENTIAL HEALTH CARE FACILITY; OR (II) REQUIRES
CONTINUING TREATMENT BY A HEALTH CARE PROVIDER;
  (C) "FAMILY MEMBER" MEANS A CHILD, SPOUSE, DOMESTIC PARTNER AS DEFINED
IN SECTION FOUR OF THE WORKERS' COMPENSATION  LAW,  PARENT,  GRANDCHILD,
MOTHER-IN-LAW OR FATHER-IN-LAW;
  (D) "CHILD" MEANS A BIOLOGICAL, ADOPTED, OR FOSTER CHILD, A STEPCHILD,
A  LEGAL WARD, OR A CHILD OF A PERSON STANDING IN LOCO PARENTIS, WHO IS:
(I) UNDER EIGHTEEN YEARS OF AGE; OR (II) EIGHTEEN YEARS OF AGE OR  OLDER
AND INCAPABLE OF SELF-CARE BECAUSE OF A MENTAL OR PHYSICAL DISABILITY;
  (E)  "PARENT"  MEANS  THE BIOLOGICAL, ADOPTIVE, OR FOSTER PARENT OF AN
EMPLOYEE OR INDIVIDUAL WHO STOOD IN LOCO PARENTIS TO  AN  EMPLOYEE  WHEN
THE EMPLOYEE WAS A SON OR DAUGHTER;
  (F)  PERSONS  WHO ARE "IN LOCO PARENTIS" INCLUDE THOSE WITH DAY-TO-DAY
RESPONSIBILITIES TO CARE FOR AND FINANCIALLY SUPPORT A CHILD OR, IN  THE
CASE  OF  AN EMPLOYEE, WHO HAD SUCH RESPONSIBILITY FOR THE EMPLOYEE WHEN
THE EMPLOYEE WAS A CHILD. A BIOLOGICAL  OR  LEGAL  RELATIONSHIP  IS  NOT
NECESSARY;
  (G) "GRANDCHILD" MEANS THE CHILD OF A CHILD; AND
  (H)  "HEALTH  CARE  PROVIDER"  MEANS  ANY  PROVIDER  TREATING A FAMILY
MEMBER'S SERIOUS HEALTH CONDITION, INCLUDING  A  PHYSICIAN,  PODIATRIST,
CHIROPRACTOR,  DENTIST, PSYCHOLOGIST, CERTIFIED NURSE MIDWIFE, OR IN THE
CASE OF A FAMILY MEMBER WHO ADHERES TO THE FAITH  OR  TEACHINGS  OF  ANY
CHURCH  OR DENOMINATION, AND WHO IN ACCORDANCE WITH ITS CREED, TENETS OR
PRINCIPLES DEPENDS FOR HEALING UPON PRAYER THROUGH SPIRITUAL MEANS ALONE
IN THE PRACTICE OF RELIGION, BY AN ACCREDITED  PRACTITIONER,  CONTAINING
FACTS  AND OPINIONS AS TO SUCH HEALTH CONDITION IN COMPLIANCE WITH REGU-
LATIONS OF THE CHAIR.
  S 2. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that effective immediately, the addition, amendment and/or repeal of any
rules or regulations necessary for the implementation of  this  act  and
any  administrative  steps  necessary to effectuate the purposes of this
act on its effective date are authorized and directed  to  be  made  and
completed on or before such effective date.