S T A T E O F N E W Y O R K
________________________________________________________________________
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.