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

                                  8976

                          I N  A S S E M B L Y

                              March 6, 2014
                               ___________

Introduced by M. of A. STECK, GOTTFRIED -- read once and referred to the
  Committee on Labor

AN ACT to amend the labor law, in relation to the provision of sick time
  earned by employees

  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 that nearly every
worker at some time during each year will need time  off  from  work  to
take  care  of  his  or  her  health needs or the health needs of family
members.  Providing the right to earned sick time will therefore have  a
positive  effect on the public health of the state and lessen the spread
of and exposure to diseases. The legislature further finds that support-
ing a healthy workforce  will  foster  greater  employee  retention  and
productivity,  and  recognizes  that responsible businesses that already
have policies that allow time off that amounts to at least  the  minimum
requirements  under this law, and that can be taken for the same reasons
and under the same conditions as enumerated in  this  legislation,  will
not  be  required  to  provide  additional sick time. Providing sick and
vacation time to workers at a time when the economy  is  improving,  and
ensuring  that workers' jobs are protected when they need to take a sick
day, strikes the right balance and will result  in  a  more  prosperous,
safe and healthy state.
  S  2.  The  labor law is amended by adding a new article 32 to read as
follows:
                               ARTICLE 32
                      NEW YORK EARNED BENEFITS ACT
SECTION 925. SHORT TITLE.
        926. DEFINITIONS.
        927. RIGHT TO SICK AND VACATION TIME; ACCRUAL.
        928. USE OF SICK TIME.
        929. CHANGING SCHEDULE.
        930. COLLECTIVE BARGAINING AGREEMENTS.
        931. PUBLIC DISASTERS.
        932. RETALIATION AND INTERFERENCE PROHIBITED.

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

                                                           LBD13376-02-4

A. 8976                             2

        933. NOTICE OF RIGHTS.
        934. EMPLOYER RECORDS.
        935. CONFIDENTIALITY AND NONDISCLOSURE.
        936. ENCOURAGEMENT  OF MORE GENEROUS POLICIES; NO EFFECT ON MORE
                GENEROUS POLICIES.
        937. OTHER LEGAL REQUIREMENTS.
        938. ENFORCEMENT.
  S 925. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
THE "NEW YORK EARNED BENEFITS ACT".
  S  926.  DEFINITIONS.  WHEN  USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL BE DEFINED AS FOLLOWS:
  1. "CALENDAR YEAR" SHALL MEAN A REGULAR AND CONSECUTIVE  TWELVE  MONTH
PERIOD,  AS DETERMINED BY AN EMPLOYER TO BE APPLICABLE TO THE EMPLOYER'S
BUSINESS, WHICH SHALL REMAIN IN EFFECT  FOR  ANY  EMPLOYEE  DURING  THAT
CALENDAR YEAR.
  2. "CHAIN BUSINESS" SHALL MEAN ANY EMPLOYER THAT IS PART OF A GROUP OF
ESTABLISHMENTS  THAT SHARE A COMMON OWNER OR PRINCIPAL WHO OWNS AT LEAST
THIRTY PERCENT OF  EACH  ESTABLISHMENT  WHERE  SUCH  ESTABLISHMENTS  (A)
ENGAGE  IN  THE  SAME    BUSINESS OR   (B) OPERATE PURSUANT TO FRANCHISE
AGREEMENTS WITH THE SAME FRANCHISOR AS DEFINED IN  SECTION  SIX  HUNDRED
EIGHTY-ONE  OF  THE GENERAL BUSINESS LAW; PROVIDED THAT THE TOTAL NUMBER
OF EMPLOYEES OF ALL SUCH  ESTABLISHMENTS  IN  SUCH  GROUP  IS  AT  LEAST
FIFTEEN.
  3.  "CHILD"  SHALL MEAN A BIOLOGICAL, ADOPTED OR FOSTER CHILD, A LEGAL
WARD, OR A CHILD OF AN EMPLOYEE STANDING IN LOCO PARENTIS.
  4. "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO, WITH RESPECT TO ANOTHER
PERSON IS (A) FORMALLY A PARTY TO  A  DOMESTIC  PARTNERSHIP  OR  SIMILAR
RELATIONSHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF
THE  UNITED  STATES  OR  OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR
REGISTERED 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) FORMALLY RECOGNIZED AS A BENEFICIARY OR
COVERED PERSON UNDER THE OTHER PERSON'S EMPLOYMENT  BENEFITS  OR  HEALTH
INSURANCE;  OR  (C)  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  PROP-
ERTY; COMMON HOUSEHOLDING; SHARED INCOME OR SHARED EXPENSES; CHILDREN IN
COMMON; SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARA-
GRAPH  (A)  OR  (B)  OF  THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL
RELATIONSHIP OF THE PERSONS;
  5. "DOMESTIC WORKER" SHALL MEAN ANY "DOMESTIC WORKER"  AS  DEFINED  IN
SUBDIVISION  SIXTEEN  OF SECTION TWO OF THIS CHAPTER WHO IS EMPLOYED FOR
HIRE WITHIN THE STATE OF NEW YORK FOR MORE THAN EIGHTY HOURS IN A CALEN-
DAR YEAR WHO PERFORMS WORK ON A FULL-TIME OR PART-TIME BASIS.
  6. "EMPLOYEE" SHALL MEAN ANY "EMPLOYEE" AS DEFINED IN SUBDIVISION  TWO
OF  SECTION  ONE HUNDRED NINETY OF THIS CHAPTER WHO IS EMPLOYED FOR HIRE
WITHIN THE STATE FOR MORE THAN EIGHTY  HOURS  IN  A  CALENDAR  YEAR  WHO
PERFORMS  WORK  ON  A  FULL-TIME  OR  PART-TIME  BASIS,  INCLUDING  WORK
PERFORMED IN A TRANSITIONAL  JOBS  PROGRAM  PURSUANT  TO  SECTION  THREE
HUNDRED  THIRTY-SIX-F OF THE SOCIAL SERVICES LAW, BUT NOT INCLUDING WORK
PERFORMED AS A PARTICIPANT IN A  WORK  EXPERIENCE  PROGRAM  PURSUANT  TO
SECTION  THREE  HUNDRED THIRTY-SIX-C OF THE SOCIAL SERVICES LAW, AND NOT
INCLUDING THOSE WHO ARE EMPLOYED BY (A) THE  UNITED  STATES  GOVERNMENT;
(B) THE STATE OF NEW YORK, INCLUDING ANY OFFICE, DEPARTMENT, INDEPENDENT
AGENCY,  AUTHORITY,  INSTITUTION,  ASSOCIATION, SOCIETY OR OTHER BODY OF

A. 8976                             3

THE STATE INCLUDING THE LEGISLATURE AND THE JUDICIARY; OR (C)  THE  CITY
OF NEW YORK OR ANY LOCAL GOVERNMENT, MUNICIPALITY OR COUNTY OR ANY ENTI-
TY  GOVERNED  BY  SECTION  NINETY-TWO  OF  THE  GENERAL MUNICIPAL LAW OR
SECTION TWO HUNDRED SEVEN OF THE COUNTY LAW.
  7.  "EMPLOYER"  SHALL  MEAN  ANY  "EMPLOYER" AS DEFINED IN SUBDIVISION
THREE OF SECTION ONE HUNDRED NINETY OF THIS CHAPTER, BUT  NOT  INCLUDING
(A)  THE  UNITED STATES GOVERNMENT; (B) THE STATE OF NEW YORK, INCLUDING
ANY OFFICE,  DEPARTMENT,  INDEPENDENT  AGENCY,  AUTHORITY,  INSTITUTION,
ASSOCIATION,  SOCIETY  OR OTHER BODY OF THE STATE INCLUDING THE LEGISLA-
TURE AND THE JUDICIARY; OR (C) THE CITY OF NEW YORK OR ANY LOCAL GOVERN-
MENT,  MUNICIPALITY  OR  COUNTY  OR  ANY  ENTITY  GOVERNED  BY   SECTION
NINETY-TWO  OF THE GENERAL MUNICIPAL LAW OR SECTION TWO HUNDRED SEVEN OF
THE COUNTY LAW.  IN DETERMINING THE NUMBER OF EMPLOYEES PERFORMING  WORK
FOR  AN  EMPLOYER  FOR  COMPENSATION  DURING A GIVEN WEEK, ALL EMPLOYEES
PERFORMING WORK FOR COMPENSATION ON A FULL-TIME, PART-TIME OR  TEMPORARY
BASIS  SHALL BE COUNTED, PROVIDED THAT WHERE THE NUMBER OF EMPLOYEES WHO
WORK FOR AN EMPLOYER FOR COMPENSATION PER WEEK FLUCTUATES, BUSINESS SIZE
MAY BE DETERMINED FOR THE CURRENT CALENDAR YEAR BASED UPON  THE  AVERAGE
NUMBER  OF  EMPLOYEES  WHO  WORKED  FOR COMPENSATION PER WEEK DURING THE
PRECEDING CALENDAR YEAR, PROVIDED FURTHER THAT IN DETERMINING THE NUMBER
OF EMPLOYEES PERFORMING WORK FOR AN EMPLOYER THAT IS A  CHAIN  BUSINESS,
THE  TOTAL  NUMBER OF EMPLOYEES IN THAT GROUP OF ESTABLISHMENTS SHALL BE
COUNTED.
  8. "FAMILY MEMBER" SHALL MEAN AN EMPLOYEE'S  CHILD,  SPOUSE,  DOMESTIC
PARTNER  OR  PARENT,  OR  THE CHILD OR PARENT OF AN EMPLOYEE'S SPOUSE OR
DOMESTIC PARTNER.
  9. "HEALTH CARE PROVIDER" SHALL MEAN ANY PERSON LICENSED UNDER FEDERAL
OR NEW YORK STATE LAW TO PROVIDE MEDICAL OR EMERGENCY SERVICES,  INCLUD-
ING, BUT NOT LIMITED TO, DOCTORS, NURSES AND EMERGENCY ROOM PERSONNEL.
  10.  "HOURLY  PROFESSIONAL EMPLOYEE" SHALL MEAN ANY INDIVIDUAL (A) WHO
IS PROFESSIONALLY LICENSED BY THE NEW YORK STATE  EDUCATION  DEPARTMENT,
OFFICE  OF  THE  PROFESSIONS,  UNDER THE DIRECTION OF THE NEW YORK STATE
BOARD OF REGENTS UNDER SECTIONS SIX THOUSAND SEVEN  HUNDRED  THIRTY-TWO,
SEVEN THOUSAND NINE HUNDRED TWO OR EIGHT THOUSAND TWO HUNDRED TWO OF THE
EDUCATION LAW, (B) WHO CALLS IN FOR WORK ASSIGNMENTS AT WILL DETERMINING
HIS  OR  HER  OWN WORK SCHEDULE WITH THE ABILITY TO REJECT OR ACCEPT ANY
ASSIGNMENT REFERRED TO THEM AND (C) WHO IS PAID AN AVERAGE  HOURLY  WAGE
WHICH  IS  AT LEAST FOUR TIMES THE FEDERAL MINIMUM WAGE FOR HOURS WORKED
DURING THE CALENDAR YEAR.
  11. "PAID SICK TIME" SHALL MEAN TIME THAT IS PROVIDED BY  AN  EMPLOYER
TO  AN  EMPLOYEE  THAT CAN BE USED FOR THE PURPOSES DESCRIBED IN SECTION
NINE HUNDRED TWENTY-EIGHT OF THIS ARTICLE AND IS COMPENSATED AT THE SAME
RATE AS THE EMPLOYEE EARNS FROM HIS OR HER EMPLOYMENT AT  THE  TIME  THE
EMPLOYEE  USES  SUCH  TIME,  EXCEPT  THAT  AN EMPLOYEE WHO VOLUNTEERS OR
AGREES TO WORK HOURS IN ADDITION TO HIS OR HER NORMAL SCHEDULE WILL  NOT
RECEIVE  MORE PAID SICK TIME COMPENSATION THAN HIS OR HER REGULAR HOURLY
WAGE IF SUCH EMPLOYEE IS NOT ABLE TO WORK THE HOURS FOR WHICH HE OR  SHE
HAS  VOLUNTEERED OR AGREED EVEN IF THE REASON FOR SUCH INABILITY TO WORK
IS ONE OF THE REASONS IN SECTION NINE HUNDRED TWENTY-EIGHT OF THIS ARTI-
CLE. IN NO CASE SHALL AN EMPLOYER BE REQUIRED TO PAY MORE TO AN EMPLOYEE
FOR PAID SICK TIME THAN THE EMPLOYEE'S REGULAR RATE OF PAY AT  THE  TIME
THE  EMPLOYEE USES SUCH PAID SICK TIME, EXCEPT THAT IN NO CASE SHALL THE
PAID SICK TIME HOURLY RATE BE LESS THAN  THE  HOURLY  RATE  PROVIDED  IN
SUBDIVISION ONE OF SECTION SIX HUNDRED FIFTY-TWO OF THIS CHAPTER.

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  12.  "PARENT"  SHALL  MEAN  A  BIOLOGICAL,  FOSTER,  STEP- OR ADOPTIVE
PARENT, OR A LEGAL GUARDIAN OF AN EMPLOYEE, OR A  PERSON  WHO  STOOD  IN
LOCO PARENTIS WHEN THE EMPLOYEE WAS A MINOR CHILD.
  13.  "PUBLIC  DISASTER"  SHALL  MEAN AN EVENT SUCH AS FIRE, EXPLOSION,
TERRORIST ATTACK, SEVERE WEATHER CONDITIONS OR OTHER CATASTROPHE THAT IS
DECLARED A PUBLIC EMERGENCY OR DISASTER BY THE PRESIDENT OF  THE  UNITED
STATES OR THE GOVERNOR OF NEW YORK.
  14.  "PUBLIC  HEALTH  EMERGENCY"  SHALL MEAN A DECLARATION MADE BY THE
COMMISSIONER OF HEALTH PURSUANT TO SECTION TWO HUNDRED SIX OF THE PUBLIC
HEALTH LAW.
  15. "PUBLIC SERVICE COMMISSION" SHALL MEAN THE PUBLIC SERVICE  COMMIS-
SION ESTABLISHED BY SECTION FOUR OF THE PUBLIC SERVICE LAW.
  16.  "RETALIATION"  SHALL  MEAN  ANY  THREAT,  DISCIPLINE,  DISCHARGE,
DEMOTION, SUSPENSION, REDUCTION IN EMPLOYEE HOURS, OR ANY OTHER  ADVERSE
EMPLOYMENT  ACTION  AGAINST ANY EMPLOYEE FOR EXERCISING OR ATTEMPTING TO
EXERCISE ANY RIGHT GUARANTEED BY THIS ARTICLE.
  17. "SICK TIME" SHALL MEAN TIME THAT IS PROVIDED BY AN EMPLOYER TO  AN
EMPLOYEE  THAT  CAN  BE  USED FOR THE PURPOSES DESCRIBED IN SECTION NINE
HUNDRED TWENTY-EIGHT OF THIS ARTICLE, WHETHER OR  NOT  COMPENSATION  FOR
THAT TIME IS REQUIRED PURSUANT TO THIS ARTICLE.
  18.  "SPOUSE"  SHALL  MEAN  A  PERSON  TO  WHOM AN EMPLOYEE IS LEGALLY
MARRIED UNDER THE LAWS OF THE STATE OF NEW YORK.
  S 927. RIGHT TO SICK AND VACATION TIME; ACCRUAL. 1. ALL EMPLOYEES HAVE
THE RIGHT TO SICK AND VACATION TIME PURSUANT TO THIS ARTICLE.
  (A) ALL EMPLOYERS THAT  EMPLOY  FIFTEEN  OR  MORE  EMPLOYEES  AND  ALL
EMPLOYERS  OF  ONE OR MORE DOMESTIC WORKERS SHALL PROVIDE PAID SICK TIME
AND VACATION TIME TO THEIR EMPLOYEES IN ACCORDANCE WITH  THE  PROVISIONS
OF THIS ARTICLE.
  (B)  ALL  EMPLOYEES  NOT  ENTITLED  TO PAID SICK TIME PURSUANT TO THIS
ARTICLE SHALL BE ENTITLED TO UNPAID SICK TIME  IN  ACCORDANCE  WITH  THE
PROVISIONS OF THIS ARTICLE.
  2.  ALL EMPLOYERS SHALL PROVIDE A MINIMUM OF ONE HOUR OF SICK TIME FOR
EVERY THIRTY HOURS WORKED BY AN EMPLOYEE, OTHER THAN A  DOMESTIC  WORKER
WHO  SHALL ACCRUE SICK TIME PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE
OF THIS SECTION. EMPLOYERS SHALL NOT BE REQUIRED UNDER THIS  ARTICLE  TO
PROVIDE MORE THAN FORTY HOURS OF SICK TIME FOR AN EMPLOYEE IN A CALENDAR
YEAR. FOR PURPOSES OF THIS SUBDIVISION, ANY PAID DAYS OF REST TO WHICH A
DOMESTIC  WORKER  IS ENTITLED PURSUANT TO SUBDIVISION ONE OF SECTION ONE
HUNDRED SIXTY-ONE OF THIS CHAPTER SHALL COUNT TOWARD SUCH  FORTY  HOURS.
NOTHING  IN THIS ARTICLE SHALL BE CONSTRUED TO DISCOURAGE OR PROHIBIT AN
EMPLOYER FROM ALLOWING THE ACCRUAL OF SICK TIME AT A FASTER RATE OR  USE
OF SICK TIME AT AN EARLIER DATE THAN THIS ARTICLE REQUIRES.
  3.  AN EMPLOYER REQUIRED TO PROVIDE PAID SICK AND VACATION TIME PURSU-
ANT TO THIS ARTICLE WHO PROVIDES AN EMPLOYEE  WITH  AN  AMOUNT  OF  PAID
LEAVE,  INCLUDING  PAID  TIME  OFF, PAID VACATION, PAID PERSONAL DAYS OR
PAID DAYS OF REST REQUIRED TO BE COMPENSATED PURSUANT TO SUBDIVISION ONE
OF SECTION ONE HUNDRED SIXTY-ONE OF THIS CHAPTER, SUFFICIENT TO MEET THE
REQUIREMENTS OF THIS SECTION AND WHO ALLOWS SUCH PAID LEAVE TO  BE  USED
FOR  THE  SAME  PURPOSES  AND  UNDER  THE  SAME  CONDITIONS AS SICK TIME
REQUIRED PURSUANT TO THIS ARTICLE, IS NOT REQUIRED TO PROVIDE ADDITIONAL
PAID SICK TIME FOR SUCH EMPLOYEE WHETHER OR NOT SUCH EMPLOYEE CHOOSES TO
USE SUCH LEAVE FOR THE PURPOSES INCLUDED IN SUBDIVISION ONE  OF  SECTION
NINE  HUNDRED  TWENTY-EIGHT  OF  THIS  ARTICLE.  AN EMPLOYER REQUIRED TO
PROVIDE UNPAID SICK TIME  PURSUANT  TO  THIS  ARTICLE  WHO  PROVIDES  AN
EMPLOYEE  WITH  AN  AMOUNT  OF UNPAID OR PAID LEAVE, INCLUDING UNPAID OR
PAID TIME OFF, UNPAID OR PAID VACATION, OR UNPAID OR PAID PERSONAL DAYS,

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SUFFICIENT TO MEET THE REQUIREMENTS OF  THIS  SECTION  WHO  ALLOWS  SUCH
LEAVE  TO BE USED FOR THE SAME PURPOSES AND UNDER THE SAME CONDITIONS AS
SICK TIME REQUIRED PURSUANT TO THIS ARTICLE, IS NOT REQUIRED TO  PROVIDE
ADDITIONAL  UNPAID  SICK  TIME  FOR  SUCH  EMPLOYEE  WHETHER OR NOT SUCH
EMPLOYEE CHOOSES TO USE SUCH LEAVE FOR THE PURPOSES SET FORTH IN  SUBDI-
VISION ONE OF SECTION NINE HUNDRED TWENTY-EIGHT OF THIS ARTICLE.
  4.  (A)  FOR  AN  EMPLOYEE  OTHER THAN A DOMESTIC WORKER, SICK TIME AS
PROVIDED PURSUANT TO THIS ARTICLE SHALL BEGIN TO ACCRUE AT THE COMMENCE-
MENT OF EMPLOYMENT OR ON THE EFFECTIVE DATE OF THIS  ACT,  WHICHEVER  IS
LATER, AND AN EMPLOYEE SHALL BE ENTITLED TO BEGIN USING SICK TIME ON THE
ONE  HUNDRED TWENTIETH CALENDAR DAY FOLLOWING COMMENCEMENT OF HIS OR HER
EMPLOYMENT OR ON THE ONE HUNDRED TWENTIETH CALENDAR  DAY  FOLLOWING  THE
EFFECTIVE  DATE  OF  THIS  ARTICLE,  WHICHEVER  IS  LATER. AFTER THE ONE
HUNDRED TWENTIETH CALENDAR DAY OF EMPLOYMENT OR AFTER  THE  ONE  HUNDRED
TWENTIETH  CALENDAR  DAY  FOLLOWING  THE EFFECTIVE DATE OF THIS ARTICLE,
WHICHEVER IS LATER, SUCH EMPLOYEE MAY USE SICK TIME AS IT IS ACCRUED.
  (B) IN ADDITION TO THE PAID DAY OR DAYS OF REST TO  WHICH  A  DOMESTIC
WORKER  IS  ENTITLED  PURSUANT TO SUBDIVISION ONE OF SECTION ONE HUNDRED
SIXTY-ONE OF THIS CHAPTER, SUCH DOMESTIC WORKER SHALL BE ENTITLED TO TWO
DAYS OF PAID SICK TIME AS OF THE DATE THAT SUCH DOMESTIC WORKER IS ENTI-
TLED TO SUCH PAID DAY OR DAYS OF REST AND ANNUALLY THEREAFTER,  PROVIDED
THAT NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE TO THE CONTRARY, SUCH
TWO DAYS OF PAID SICK TIME SHALL BE CALCULATED IN THE SAME MANNER AS THE
PAID  DAY  OR  DAYS OF REST ARE CALCULATED PURSUANT TO THE PROVISIONS OF
SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-ONE OF THIS CHAPTER.
  5. EMPLOYEES WHO ARE NOT COVERED BY THE OVERTIME REQUIREMENTS  OF  NEW
YORK  STATE LAW OR REGULATIONS, INCLUDING WAGE ORDERS PROMULGATED BY THE
COMMISSIONER PURSUANT TO ARTICLE NINETEEN AND NINETEEN-A OF  THIS  CHAP-
TER, SHALL BE ASSUMED TO WORK FORTY HOURS IN EACH WORK WEEK FOR PURPOSES
OF  SICK  TIME ACCRUAL UNLESS THEIR REGULAR WORK WEEK IS LESS THAN FORTY
HOURS, IN WHICH CASE SICK TIME ACCRUES  BASED  UPON  THAT  REGULAR  WORK
WEEK.
  6.  THE  PROVISIONS  OF  THIS ARTICLE APPLY TO (A) WORK STUDY PROGRAMS
UNDER FORTY-TWO U.S.C. SECTION TWO THOUSAND SEVEN  HUNDRED  FIFTY-THREE;
(B)  EMPLOYEES FOR THE HOURS WORKED AND COMPENSATED BY OR THROUGH QUALI-
FIED SCHOLARSHIPS AS DEFINED IN TWENTY-SIX U.S.C.  SECTION  ONE  HUNDRED
SEVENTEEN; (C) INDEPENDENT CONTRACTORS WHO DO NOT MEET THE DEFINITION OF
EMPLOYEE  UNDER  SUBDIVISION  TWO  OF SECTION ONE HUNDRED NINETY OF THIS
CHAPTER; AND (D) HOURLY PROFESSIONAL EMPLOYEES.
  7. EMPLOYEES SHALL DETERMINE HOW MUCH EARNED SICK TIME  THEY  NEED  TO
USE,  PROVIDED THAT EMPLOYERS MAY SET A REASONABLE MINIMUM INCREMENT FOR
THE USE OF SICK TIME NOT TO EXCEED FOUR HOURS PER DAY.
  8. EXCEPT FOR DOMESTIC WORKERS, UNUSED SICK TIME AS PROVIDED  PURSUANT
TO  THIS  ARTICLE  SHALL BE CARRIED OVER TO THE FOLLOWING CALENDAR YEAR;
PROVIDED THAT NO EMPLOYER SHALL BE REQUIRED TO (A) ALLOW THE USE OF MORE
THAN FORTY HOURS OF SICK TIME IN A  CALENDAR  YEAR  OR  (B)  CARRY  OVER
UNUSED  PAID  SICK TIME IF THE EMPLOYEE IS PAID FOR ANY UNUSED SICK TIME
AT THE END OF THE CALENDAR YEAR IN WHICH SUCH TIME IS  ACCRUED  AND  THE
EMPLOYER  PROVIDED  THE  EMPLOYEE  WITH AN AMOUNT OF PAID SICK TIME THAT
MEETS OR EXCEEDS THE REQUIREMENTS OF THIS ARTICLE FOR SUCH EMPLOYEE  FOR
THE  IMMEDIATELY  SUBSEQUENT CALENDAR YEAR ON THE FIRST DAY OF THE IMME-
DIATELY SUBSEQUENT CALENDAR YEAR.
  9. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS REQUIRING OR  PROHIB-
ITING  FINANCIAL  OR OTHER REIMBURSEMENT TO AN EMPLOYEE FROM AN EMPLOYER
UPON THE EMPLOYEE'S TERMINATION, RESIGNATION, RETIREMENT, OR OTHER SEPA-
RATION FROM EMPLOYMENT FOR ACCRUED SICK TIME THAT HAS NOT BEEN USED.

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  10. IF AN EMPLOYEE IS TRANSFERRED TO A SEPARATE  DIVISION,  ENTITY  OR
LOCATION  IN  THE  STATE  OF  NEW YORK, BUT REMAINS EMPLOYED BY THE SAME
EMPLOYER, SUCH EMPLOYEE IS ENTITLED TO ALL  SICK  TIME  ACCRUED  AT  THE
PRIOR  DIVISION, ENTITY OR LOCATION AND IS ENTITLED TO RETAIN OR USE ALL
SICK  TIME  AS PROVIDED PURSUANT TO THE PROVISIONS OF THIS ARTICLE. WHEN
THERE IS A SEPARATION FROM EMPLOYMENT AND THE EMPLOYEE IS REHIRED WITHIN
SIX MONTHS OF SEPARATION BY THE SAME EMPLOYER, PREVIOUSLY  ACCRUED  SICK
TIME  THAT  WAS  NOT USED SHALL BE REINSTATED AND SUCH EMPLOYEE SHALL BE
ENTITLED TO USE SUCH ACCRUED SICK TIME AT ANY TIME AFTER  SUCH  EMPLOYEE
IS  REHIRED,  PROVIDED  THAT  NO EMPLOYER SHALL BE REQUIRED TO REINSTATE
SUCH SICK TIME TO THE EXTENT THE EMPLOYEE WAS PAID  FOR  UNUSED  ACCRUED
SICK TIME PRIOR TO SEPARATION AND THE EMPLOYEE AGREED TO ACCEPT SUCH PAY
FOR SUCH UNUSED SICK TIME.
  S  928. USE OF SICK TIME. 1. AN EMPLOYEE SHALL BE ENTITLED TO USE SICK
TIME FOR ABSENCE FROM WORK DUE TO (A) SUCH EMPLOYEE'S MENTAL OR PHYSICAL
ILLNESS, INJURY OR HEALTH CONDITION OR NEED FOR MEDICAL DIAGNOSIS,  CARE
OR TREATMENT OF A MENTAL OR PHYSICAL ILLNESS, INJURY OR HEALTH CONDITION
OR  NEED FOR PREVENTIVE MEDICAL CARE; OR (B) CARE OF A FAMILY MEMBER WHO
NEEDS MEDICAL DIAGNOSIS, CARE OR  TREATMENT  OF  A  MENTAL  OR  PHYSICAL
ILLNESS,  INJURY  OR  HEALTH  CONDITION  OR WHO NEEDS PREVENTIVE MEDICAL
CARE; OR (C) CLOSURE OF SUCH EMPLOYEE'S PLACE OF BUSINESS BY ORDER OF  A
PUBLIC OFFICIAL DUE TO A PUBLIC HEALTH EMERGENCY OR SUCH EMPLOYEE'S NEED
TO  CARE  FOR A CHILD WHOSE SCHOOL OR CHILDCARE PROVIDER HAS BEEN CLOSED
BY ORDER OF A PUBLIC OFFICIAL DUE TO A PUBLIC HEALTH EMERGENCY.
  2. AN EMPLOYER MAY REQUIRE REASONABLE NOTICE OF THE NEED TO  USE  SICK
TIME. WHERE SUCH NEED IS FORESEEABLE, AN EMPLOYER MAY REQUIRE REASONABLE
NOTICE  OF THE INTENTION TO USE SUCH SICK TIME, NOT TO EXCEED SEVEN DAYS
PRIOR TO THE DATE SUCH SICK TIME IS TO BEGIN. WHERE  SUCH  NEED  IS  NOT
FORESEEABLE,  AN  EMPLOYER  MAY REQUIRE AN EMPLOYEE TO PROVIDE NOTICE OF
THE NEED FOR THE USE OF SICK TIME AS SOON AS PRACTICABLE.
  3. FOR AN ABSENCE OF MORE THAN THREE CONSECUTIVE WORK DAYS, AN EMPLOY-
ER MAY REQUIRE REASONABLE DOCUMENTATION THAT THE USE OF  SICK  TIME  WAS
AUTHORIZED BY SUBDIVISION ONE OF THIS SECTION. FOR SICK TIME USED PURSU-
ANT  TO  PARAGRAPHS  (A)  AND  (B)  OF  SUBDIVISION ONE OF THIS SECTION,
DOCUMENTATION SIGNED BY A LICENSED HEALTH CARE PROVIDER  INDICATING  THE
NEED  FOR  THE  AMOUNT OF SICK TIME TAKEN SHALL BE CONSIDERED REASONABLE
DOCUMENTATION AND AN EMPLOYER SHALL NOT REQUIRE THAT SUCH  DOCUMENTATION
SPECIFY  THE  NATURE OF THE EMPLOYEE'S OR THE EMPLOYEE'S FAMILY MEMBER'S
INJURY, ILLNESS OR CONDITION, EXCEPT AS REQUIRED BY LAW.
  4. NOTHING HEREIN SHALL PREVENT AN EMPLOYER FROM REQUIRING AN EMPLOYEE
TO PROVIDE WRITTEN CONFIRMATION THAT AN EMPLOYEE USED SICK TIME PURSUANT
TO THIS SECTION.
  5. AN EMPLOYER SHALL NOT REQUIRE AN EMPLOYEE, AS A CONDITION OF TAKING
SICK TIME, TO SEARCH FOR OR FIND A REPLACEMENT  WORKER  TO  COVER  HOURS
DURING WHICH SUCH EMPLOYEE IS UTILIZING SICK TIME.
  6.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT AN EMPLOYER
FROM TAKING  DISCIPLINARY  ACTION,  UP  TO  AND  INCLUDING  TERMINATION,
AGAINST  A  WORKER  WHO USES SICK TIME PROVIDED PURSUANT TO THIS ARTICLE
FOR PURPOSES OTHER THAN THOSE DESCRIBED IN THIS SECTION.
  S 929. CHANGING SCHEDULE. UPON MUTUAL  CONSENT  OF  THE  EMPLOYEE  AND
EMPLOYER,  AN  EMPLOYEE WHO IS ABSENT FOR A REASON LISTED IN SUBDIVISION
ONE OF SECTION NINE HUNDRED TWENTY-EIGHT OF THIS ARTICLE MAY WORK  ADDI-
TIONAL  HOURS DURING THE IMMEDIATELY PRECEDING SEVEN DAYS IF THE ABSENCE
WAS FORESEEABLE OR WITHIN THE IMMEDIATELY  SUBSEQUENT  SEVEN  DAYS  FROM
THAT  ABSENCE  WITHOUT USING SICK TIME TO MAKE UP FOR THE ORIGINAL HOURS
FOR WHICH SUCH EMPLOYEE WAS ABSENT, PROVIDED THAT AN  ADJUNCT  PROFESSOR

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WHO  IS  AN  EMPLOYEE  AT AN INSTITUTE OF HIGHER EDUCATION MAY WORK SUCH
ADDITIONAL HOURS AT ANY TIME DURING THE ACADEMIC TERM. AN EMPLOYER SHALL
NOT REQUIRE SUCH EMPLOYEE TO WORK ADDITIONAL HOURS TO MAKE  UP  FOR  THE
ORIGINAL  HOURS FOR WHICH SUCH EMPLOYEE WAS ABSENT TO SEARCH FOR OR FIND
A REPLACEMENT EMPLOYEE TO COVER THE HOURS DURING WHICH THE  EMPLOYEE  IS
ABSENT  PURSUANT TO THIS SECTION. IF SUCH EMPLOYEE WAS ORIGINALLY SCHED-
ULED TO WORK, THEN SUCH EMPLOYEE SHALL BE ABLE TO USE SICK TIME PROVIDED
PURSUANT TO THIS ARTICLE FOR THE DIFFERENCE. SHOULD  THE  EMPLOYEE  WORK
ADDITIONAL HOURS, THE EMPLOYER SHALL COMPLY WITH ALL APPLICABLE FEDERAL,
STATE OR LOCAL LABOR LAWS.
  S  930.  COLLECTIVE  BARGAINING  AGREEMENTS. 1. THE PROVISIONS OF THIS
ARTICLE SHALL NOT APPLY TO ANY EMPLOYEE COVERED BY  A  VALID  COLLECTIVE
BARGAINING AGREEMENT IF (A) SUCH PROVISIONS ARE EXPRESSLY WAIVED IN SUCH
COLLECTIVE  BARGAINING  AGREEMENT  AND (B) SUCH AGREEMENT PROVIDES FOR A
COMPARABLE BENEFIT FOR THE EMPLOYEES COVERED BY SUCH  AGREEMENT  IN  THE
FORM OF PAID DAYS OFF; SUCH PAID DAYS OFF SHALL BE IN THE FORM OF LEAVE,
COMPENSATION,  OTHER  EMPLOYEE  BENEFITS,  OR  SOME COMBINATION THEREOF.
COMPARABLE BENEFITS SHALL INCLUDE, BUT  ARE  NOT  LIMITED  TO,  VACATION
TIME,  PERSONAL  TIME,  SICK  TIME,  AND  HOLIDAY AND SUNDAY TIME PAY AT
PREMIUM RATES.
  2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, THE PROVISIONS  OF
THIS  ARTICLE  SHALL  NOT  APPLY  TO  AN EMPLOYEE IN THE CONSTRUCTION OR
GROCERY INDUSTRY COVERED BY A VALID COLLECTIVE BARGAINING  AGREEMENT  IF
SUCH  PROVISIONS  ARE  EXPRESSLY  WAIVED  IN  SUCH COLLECTIVE BARGAINING
AGREEMENT.
  S 931. PUBLIC DISASTERS. IN THE EVENT OF A PUBLIC DISASTER, THE GOVER-
NOR MAY, FOR THE LENGTH OF SUCH DISASTER, SUSPEND THE PROVISIONS OF THIS
ARTICLE FOR BUSINESSES, CORPORATIONS OR OTHER ENTITIES REGULATED BY  THE
PUBLIC SERVICE COMMISSION.
  S  932.  RETALIATION  AND  INTERFERENCE  PROHIBITED. NO EMPLOYER SHALL
ENGAGE IN RETALIATION OR THREATEN RETALIATION AGAINST  AN  EMPLOYEE  FOR
EXERCISING OR ATTEMPTING TO EXERCISE ANY RIGHT PROVIDED PURSUANT TO THIS
ARTICLE,  OR  INTERFERE  WITH  ANY  INVESTIGATION, PROCEEDING OR HEARING
PURSUANT TO THIS ARTICLE. THE PROTECTION OF THIS ARTICLE SHALL APPLY  TO
ANY  PERSON WHO MISTAKENLY BUT IN GOOD FAITH ALLEGES A VIOLATION OF THIS
ARTICLE. RIGHTS UNDER THIS ARTICLE SHALL INCLUDE, BUT NOT BE LIMITED TO,
THE RIGHT TO REQUEST AND USE SICK TIME, FILE  A  COMPLAINT  FOR  ALLEGED
VIOLATIONS  OF  THIS ARTICLE, PARTICIPATE IN ANY ADMINISTRATIVE OR JUDI-
CIAL ACTION REGARDING AN ALLEGED VIOLATION OF THIS  ARTICLE,  OR  INFORM
ANY PERSON OF HIS OR HER POTENTIAL RIGHTS UNDER THIS ARTICLE.
  S  933.  NOTICE OF RIGHTS. 1. AN EMPLOYER SHALL PROVIDE AN EMPLOYEE AT
THE COMMENCEMENT OF EMPLOYMENT WITH WRITTEN NOTICE  OF  SUCH  EMPLOYEE'S
RIGHT  TO  SICK TIME PURSUANT TO THIS ARTICLE, INCLUDING THE ACCRUAL AND
USE OF SICK TIME, THE CALENDAR YEAR OF THE EMPLOYER, AND THE RIGHT TO BE
FREE FROM RETALIATION AND TO BRING A COMPLAINT TO THE  DEPARTMENT.  SUCH
NOTICE  SHALL  BE  IN  ENGLISH  AND  THE  PRIMARY LANGUAGE SPOKEN BY THE
EMPLOYEE, PROVIDED THAT THE DEPARTMENT HAS MADE AVAILABLE A  TRANSLATION
OF  SUCH  NOTICE  IN  SUCH  LANGUAGE PURSUANT TO SUBDIVISION TWO OF THIS
SECTION.  SUCH NOTICE MAY ALSO BE CONSPICUOUSLY POSTED AT AN  EMPLOYER'S
PLACE OF BUSINESS IN AN AREA ACCESSIBLE TO EMPLOYEES.
  2. THE DEPARTMENT SHALL CREATE AND MAKE AVAILABLE NOTICES THAT CONTAIN
THE INFORMATION REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND
SUCH  NOTICES  SHALL  ALLOW FOR THE EMPLOYER TO FILL IN APPLICABLE DATES
FOR SUCH EMPLOYER'S CALENDAR YEAR. SUCH NOTICES SHALL  BE  POSTED  IN  A
DOWNLOADABLE  FORMAT  ON  THE  DEPARTMENT'S WEBSITE IN CHINESE, ENGLISH,

A. 8976                             8

FRENCH-CREOLE, ITALIAN, KOREAN, RUSSIAN, SPANISH AND ANY OTHER  LANGUAGE
DEEMED APPROPRIATE BY THE DEPARTMENT.
  3.  ANY  PERSON  OR ENTITY THAT WILLFULLY VIOLATES THE NOTICE REQUIRE-
MENTS OF THIS SECTION SHALL BE SUBJECT TO A CIVIL FINE IN AN AMOUNT  NOT
TO  EXCEED FIFTY DOLLARS FOR EACH EMPLOYEE WHO WAS NOT GIVEN APPROPRIATE
NOTICE PURSUANT TO THIS SECTION.
  S 934. EMPLOYER RECORDS. EMPLOYERS SHALL  RETAIN  RECORDS  DOCUMENTING
SUCH  EMPLOYER'S  COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE FOR A
PERIOD OF TWO YEARS UNLESS OTHERWISE REQUIRED PURSUANT TO ANY OTHER LAW,
RULE OR REGULATION, AND  SHALL  ALLOW  THE  DEPARTMENT  TO  ACCESS  SUCH
RECORDS, WITH AN APPROPRIATE NOTICE AND AT A MUTUALLY AGREEABLE TIME, IN
FURTHERANCE OF AN INVESTIGATION CONDUCTED PURSUANT TO THIS ARTICLE.  THE
DEPARTMENT  SHALL  PROVIDE  COMPUTER SOFTWARE PERMITTING THE TRACKING OF
SICK AND VACATION TIME IN COMPLIANCE WITH THIS ARTICLE TO  ANY  EMPLOYER
WHO REQUESTS SUCH SOFTWARE.
  S  935.  CONFIDENTIALITY  AND  NONDISCLOSURE.  NO PERSON OR ENTITY MAY
REQUIRE THE DISCLOSURE OF DETAILS RELATING TO AN EMPLOYEE'S  OR  HIS  OR
HER  FAMILY  MEMBER'S MEDICAL CONDITION AS A CONDITION OF PROVIDING SICK
TIME UNDER THIS ARTICLE. HEALTH INFORMATION  ABOUT  AN  EMPLOYEE  OR  AN
EMPLOYEE'S  FAMILY  MEMBER OBTAINED SOLELY FOR THE PURPOSES OF UTILIZING
SICK TIME PURSUANT TO THIS ARTICLE SHALL BE TREATED AS CONFIDENTIAL  AND
SHALL NOT BE DISCLOSED EXCEPT BY THE AFFECTED EMPLOYEE, WITH THE PERMIS-
SION OF THE AFFECTED EMPLOYEE OR AS REQUIRED BY LAW.
  S  936.  ENCOURAGEMENT  OF  MORE  GENEROUS POLICIES; NO EFFECT ON MORE
GENEROUS POLICIES. 1. NOTHING IN THIS  ARTICLE  SHALL  BE  CONSTRUED  TO
DISCOURAGE  OR  PROHIBIT THE ADOPTION OR RETENTION OF A SICK TIME POLICY
MORE GENEROUS THAN THAT WHICH IS REQUIRED HEREIN.
  2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS DIMINISHING THE OBLI-
GATION OF AN EMPLOYER TO COMPLY WITH ANY CONTRACT, COLLECTIVE BARGAINING
AGREEMENT, EMPLOYMENT BENEFIT PLAN OR  OTHER  AGREEMENT  PROVIDING  MORE
GENEROUS SICK TIME TO AN EMPLOYEE THAN REQUIRED HEREIN.
  3.  NOTHING  IN  THIS  ARTICLE  SHALL  BE CONSTRUED AS DIMINISHING THE
RIGHTS OF PUBLIC EMPLOYEES REGARDING SICK TIME AS PROVIDED  PURSUANT  TO
FEDERAL OR STATE LAW.
  S  937.  OTHER  LEGAL  REQUIREMENTS.  1. THIS ARTICLE PROVIDES MINIMUM
REQUIREMENTS PERTAINING TO SICK TIME  AND  SHALL  NOT  BE  CONSTRUED  TO
PREEMPT,  LIMIT  OR OTHERWISE AFFECT THE APPLICABILITY OF ANY OTHER LAW,
REGULATION, RULE, REQUIREMENT, POLICY  OR  STANDARD  THAT  PROVIDES  FOR
GREATER  ACCRUAL OR USE BY EMPLOYEES OF SICK LEAVE TIME, WHETHER PAID OR
UNPAID, OR THAT EXTENDS OTHER PROTECTIONS TO EMPLOYEES.
  2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS CREATING OR  IMPOSING
ANY REQUIREMENT IN CONFLICT WITH ANY FEDERAL OR STATE LAW, RULE OR REGU-
LATION,  NOR  SHALL ANYTHING IN THIS ARTICLE BE CONSTRUED TO DIMINISH OR
IMPAIR THE RIGHTS OF AN EMPLOYEE OR EMPLOYER UNDER ANY VALID  COLLECTIVE
BARGAINING AGREEMENT.
  S  938.  ENFORCEMENT. IN ANY ACTION TO RECOVER THE PAYMENT OF THE CASH
VALUE OF UNPAID BENEFITS OR FOR INJUNCTIVE RELIEF TO COMPEL  SUCH  BENE-
FITS TO WHICH AN EMPLOYEE IS ENTITLED UNDER THIS SECTION, THE PREVAILING
PLAINTIFF  SHALL BE ENTITLED TO ALL COSTS, DISBURSEMENTS, AND REASONABLE
ATTORNEY'S FEES INCURRED IN THE PROSECUTION OF SUCH ACTION.  SUCH ACTION
MAY BE BROUGHT IN THE SUPREME COURT OF THE COUNTY IN WHICH THE  EMPLOYEE
RESIDES OR WHERE THE EMPLOYER DOES BUSINESS.
  S  3. Effect of invalidity; severability. If any section, subdivision,
paragraph, sentence, clause, phrase or other portion of this act is, for
any reason, declared unconstitutional or invalid, in whole or  in  part,
by  any  court  of  competent jurisdiction, such portion shall be deemed

A. 8976                             9

severable, and such unconstitutionality or invalidity shall  not  affect
the  validity  of  the  remaining  portions of this act, which remaining
portions shall continue in full force and effect.
  S 4. This act shall take effect immediately, pursuant to the following
compliance schedule:
  1. (a) all employers that employ twenty or more employees shall comply
with the provisions of this act on or before April 1, 2015;
  (b)  all  employers  that  employ  fifteen  to nineteen employees or a
domestic worker must comply with the provisions of  this  act  regarding
paid sick time on or before October 1, 2016;
  (c) all employers with employees not entitled to paid sick time pursu-
ant  to  this  act  shall  comply  with the provisions of this act on or
before April 1, 2015.
  2. Notwithstanding subdivision one of this section,  in  the  case  of
employees  covered  by a valid collective bargaining agreement in effect
on the effective date prescribed by subdivision  one  of  this  section,
this act shall take effect on the date of the termination of such agree-
ment.
  3. The commissioner of labor shall take such measures as are necessary
for  its  implementation,  including the promulgation of rules, prior to
such effective date.