S T A T E O F N E W Y O R K
________________________________________________________________________
740
2015-2016 Regular Sessions
I N A S S E M B L Y
January 7, 2015
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, in relation to unpaid leave of
absence as a reasonable accommodation under the state's human rights
law
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 21-e of section 292 of the executive law, as
added by chapter 269 of the laws of 1997, is amended to read as follows:
21-e. (A) The term "reasonable accommodation" means actions taken
which permit an employee, prospective employee or member with a disabil-
ity to perform in a reasonable manner the activities involved in the job
or occupation sought or held and include, but are not limited to,
provision of an accessible worksite, acquisition or modification of
equipment, support services for persons with impaired hearing or vision,
job restructuring and modified work schedules; provided, however, that
such actions do not impose an undue hardship on the business, program or
enterprise of the entity from which action is requested.
(B) THE TERM "REASONABLE ACCOMMODATION" SHALL ALSO MEAN AN UNPAID
LEAVE OF ABSENCE TO ALLOW AN EMPLOYEE TO RECOVER FROM AN EPISODIC
MANIFESTATION OF A DISABILITY, PROVIDED THAT THE EMPLOYEE PROVIDES THE
EMPLOYER WITH MEDICAL CERTIFICATION THAT SUCH LEAVE OF ABSENCE IS
MEDICALLY NECESSARY FOR THAT PURPOSE AND ADVISES THE EMPLOYER OF THE
APPROXIMATE DATE THE EMPLOYEE WILL BE ABLE TO RETURN TO WORK. AN INDEFI-
NITE LEAVE OF ABSENCE IS NOT PERMISSIBLE UNDER THIS SUBDIVISION.
(C) TO DETERMINE THE APPROPRIATE REASONABLE ACCOMMODATION, IT MAY BE
NECESSARY FOR THE COVERED ENTITY TO INITIATE AN INFORMAL, INTERACTIVE
PROCESS WITH THE INDIVIDUAL WITH A DISABILITY IN NEED OF ACCOMMODATION
AIMED AT DEFINING THE EMPLOYEE'S PRECISE NEEDS AND MINIMIZING ANY IMPACT
OF THE ACCOMMODATION ON THE EMPLOYEE'S WORK. THIS PROCESS SHOULD IDENTI-
FY THE PRECISE LIMITATIONS RESULTING FROM THE DISABILITY AND POTENTIAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04408-01-5
A. 740 2
REASONABLE ACCOMMODATIONS THAT COULD OVERCOME THOSE LIMITATIONS, INCLUD-
ING THE LENGTH OF ANY LEAVE OF ABSENCE PROVIDED FOR IN PARAGRAPH (B) OF
THIS SUBDIVISION. AS PART OF THE INTERACTIVE PROCESS, CONSISTENT WITH
THE PURPOSE OF THE INTERACTIVE PROCESS, AND TO FACILITATE AGREEMENT
BETWEEN THE EMPLOYER AND THE EMPLOYEE AS TO THE REASONABLE ACCOMMO-
DATION, THE EMPLOYER MAY REQUEST (1) TO HAVE THE EMPLOYEE'S PHYSICIAN
RESPOND IN A REASONABLE TIME TO A REASONABLE NUMBER OF NON-BURDENSOME
QUESTIONS CONCERNING THE EMPLOYEE'S MEDICAL CONDITION OR (2) BE EXAMINED
BY A MEDICAL DOCTOR OF THE EMPLOYER'S CHOOSING.
S 2. This act shall take effect immediately.