S T A T E O F N E W Y O R K
________________________________________________________________________
3886
2011-2012 Regular Sessions
I N A S S E M B L Y
January 28, 2011
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to paid leave to care
for a parent or elder relative
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature finds and declares that
there is need for wage replacement for workers who take time off from
work to care for a sick or chronically ill parent or elder relative and
that this need will become exacerbated as the population of senior citi-
zens needing care increases in relation to the number of working age
adults. Without adequate support, a caregiver is at risk of experiencing
"caregiver burnout", a state of physical, emotional and mental
exhaustion that can occur when caregivers do not get the help they need.
Caregivers who are burned out often experience fatigue, stress, anxiety,
and depression, causing the caregiver's personal relationships and work
performance to suffer. The link between caregiver stress and their own
physical and mental health problems has long been established. In order
to assist and support those employees who are undertaking the challenge
of caring for aged family which saves the state over eleven billion
dollars per year in health care costs, the legislature hereby provides
that paid leave for a period of up to thirty days shall be provided to
employees of the state who are caring for a sick parent or elder rela-
tive.
S 2. The civil service law is amended by adding a new section 159-d to
read as follows:
S 159-D. PAID LEAVE TO CARE FOR A PARENT OR ELDER RELATIVE. 1. AS
USED IN THIS SECTION, THE TERM "PARENT" SHALL MEAN AN INDIVIDUAL WHO IS
THE BIOLOGICAL OR ADOPTIVE PARENT OF A STATE OFFICER OR EMPLOYEE AND THE
TERM "ELDER RELATIVE" SHALL MEAN AN INDIVIDUAL SIXTY YEARS OF AGE OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00157-01-1
A. 3886 2
OLDER WHO IS RELATED BY BLOOD, ADOPTION OR MARRIAGE TO A STATE OFFICER
OR EMPLOYEE.
2. EVERY OFFICER OR EMPLOYEE OF THE STATE WHO HAS BEEN EMPLOYED FOR
MORE THAN SIX CONSECUTIVE PAYROLL PERIODS SHALL BE ENTITLED TO A MAXIMUM
OF THIRTY DAYS PAID LEAVE TO CARE FOR A PARENT OR ELDER RELATIVE WITH AN
ILLNESS, INJURY, IMPAIRMENT, OR PHYSICAL OR MENTAL CONDITION THAT
INVOLVES INPATIENT CARE IN A HOSPITAL, HOSPICE, RESIDENTIAL HEALTH CARE
FACILITY, OR CONTINUING TREATMENT OR SUPERVISION BY A HEALTH CARE
PROVIDER.
3. LEAVE GRANTED UNDER THIS SECTION SHALL NOT BE CHARGED AGAINST ANY
OTHER LEAVE THAT A STATE OFFICER OR EMPLOYEE IS OTHERWISE ENTITLED TO.
4. THE PRESIDENT IS HEREBY EMPOWERED TO ESTABLISH SUCH RULES OR REGU-
LATIONS AS MAY BE REQUIRED FOR THE EFFECTIVE ADMINISTRATION OF THIS
SECTION.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.