senate Bill S7752

2013-2014 Legislative Session

Allows employees to utilize sick leave to care for family, household members and domestic partners

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 04, 2014 referred to labor

S7752 - Bill Details

See Assembly Version of this Bill:
A3901
Current Committee:
Law Section:
Labor Law
Laws Affected:
Add §19, Lab L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A2947
2009-2010: A2560

S7752 - Bill Texts

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Allows employees to utilize accrued and available sick leave to provide care to immediate family, household members or domestic partners; and defines relevant terms.

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BILL NUMBER:S7752

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: To grant the right to employees to
use sick time for care of a sick family member. This would include a
domestic partner.

SUMMARY OF PROVISIONS: The labor law is amended by adding a new
section 19. Subdivision 1, a & b provides a definition for domestic
partner.

Subdivision 2 provides who should not be defined as a domestic
partner.

Subdivision 3 is the definition for sick leave.

Subdivision 4 is the definition of employer under this bill.

Subdivision 5 allows any employee who is granted leave under
provisions of the federal Family and Medical Leave Act to use their
accrued and available sick leave for such leave. Subdivision 6 grants
to any employee working for an employer with fifty or more employees,
which provides sick leave for its employees, shall be entitled to
utilize their 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.

Subdivision 7 allows the employee to use sick leave in any calendar
year.

§ 2 Nothing in this act shall affect, in any way, bona fide collective
bargaining agreements.

§ 3 effective date

JUSTIFICATION:

Family life is central to society. The ability to care for family
members is compromised without some ability to utilize sick leave
benefits to care for those family members. Currently, some employees
are allowed to use their sick leave to care for immediate family
members. This legislation would grant that right to all employees who
work for an employer with fifty or more employees. It would give them
the option of utilizing sick leave benefits under the federal Family
and Medical Leave Act.

In doing this for all families under the legislation, we include
domestic partners in recognition of their important role in the
furtherance of caring, committed family relationships.

PRIOR LEGISLATIVE HISTORY: 2003: Referred to Labor. 2004: Third
Reading. 2005-06: A.2673 passed Assembly. 2007: A2309 Rules. 2008:


A2309 Labor. 2009: referred to Labor, reported referred to Ways and
Means. 2011-12 A. 2947: Advanced to third reading cal.579

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Generally
fiscally neutral since the sick leave being used is a benefit already
granted and not an additional benefit mandated by this legislation.
The actual cost in lost time would be dependent on the health of
family members.

EFFECTIVE DATE: This act shall take effect on the one hundred
twentieth day after it shall have become law; providing 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.

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

                                  7752

                            I N  S E N A T E

                              June 4, 2014
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed 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:
  S 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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04548-01-3

S. 7752                             2

  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.
  S  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.
  S 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.

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