senate Bill S3301A

2015-2016 Legislative Session

Establishes family care leave benefits within the disability provisions of the workers' compensation law

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Labor Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 08, 2016 print number 3301a
Feb 08, 2016 amend and recommit to labor
Jan 06, 2016 referred to labor
Feb 04, 2015 referred to labor

Co-Sponsors

S3301 - Details

Law Section:
Workers' Compensation Law
Laws Affected:
Amd Work Comp L, generally; amd §1113, Ins L
Versions Introduced in 2013-2014 Legislative Session:
S6741

S3301 - Summary

Establishes family care leave benefits within the disability provisions of the workers' compensation law; such benefits provide up to twelve weeks of paid leave from work for the care of a family member with a serious health condition or to bond with the employee's child within the first 12 months of birth or taking custody of such child.

S3301 - Sponsor Memo

S3301 - Bill Text download pdf

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

                                  3301

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 4, 2015
                               ___________

Introduced  by  Sens.  KLEIN,  AVELLA, CARLUCCI, SAVINO, VALESKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Labor

AN  ACT to amend the workers' compensation law and the insurance law, in
  relation to establishing family care benefits

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 9 of section 201 of the workers' compensation
law is amended by adding a new paragraph C to read as follows:
  C. "DISABILITY" ALSO INCLUDES FAMILY CARE.
  S 2. Subdivision 14 of section 201 of the workers'  compensation  law,
as added by chapter 600 of the laws of 1949 and as renumbered by chapter
438  of  the laws of 1964, is amended, and nine new subdivisions 15, 16,
17, 18, 19, 20, 21, 22 and 23 are added to read as follows:
  14. "A day of disability" means any day  on  which  the  employee  was
prevented  from performing work because of disability, INCLUDING ANY DAY
WHICH THE EMPLOYEE USES FOR FAMILY CARE, and for which [he] THE EMPLOYEE
has not received his OR HER regular remuneration.
  15. "FAMILY CARE" MEANS ANY LEAVE TAKEN BY AN EMPLOYEE FROM PERFORMING
WORK:
  A. TO PARTICIPATE IN PROVIDING CARE, INCLUDING PHYSICAL OR  PSYCHOLOG-
ICAL CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY BY A SERI-
OUS HEALTH CONDITION OF THE FAMILY MEMBER; OR
  B.  TO  BOND  WITH THE EMPLOYEE'S CHILD DURING THE FIRST TWELVE 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.
  16. "CHILD" MEANS A BIOLOGICAL, ADOPTED OR FOSTER CHILD, A STEP-CHILD,
A  LEGAL WARD OR A CHILD OF A PERSON WHO STANDS IN PARENTAL RELATIONSHIP
TO THE CHILD WHO IS:
  A. LESS THAN EIGHTEEN YEARS OF AGE; OR
  B. EIGHTEEN YEARS OF AGE OR OLDER AND INCAPABLE OF  SELF-CARE  BECAUSE
OF A MENTAL OR PHYSICAL DISABILITY.
  17.  "DOMESTIC  PARTNER" HAS THE SAME MEANING SET FORTH IN SUBDIVISION
ONE OF SECTION FOUR OF THIS CHAPTER.

Co-Sponsors

S3301A (ACTIVE) - Details

Law Section:
Workers' Compensation Law
Laws Affected:
Amd Work Comp L, generally; amd §1113, Ins L
Versions Introduced in 2013-2014 Legislative Session:
S6741

S3301A (ACTIVE) - Summary

Establishes family care leave benefits within the disability provisions of the workers' compensation law; such benefits provide up to twelve weeks of paid leave from work for the care of a family member with a serious health condition or to bond with the employee's child within the first 12 months of birth or taking custody of such child.

S3301A (ACTIVE) - Sponsor Memo

S3301A (ACTIVE) - Bill Text download pdf

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

                                 3301--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 4, 2015
                               ___________

Introduced  by  Sens.  KLEIN,  AVELLA, CARLUCCI, SAVINO, VALESKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Labor -- recommitted to the Committee on Labor in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT to amend the workers' compensation law and the insurance law, in
  relation to establishing family care benefits

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 9 of section 201 of the workers' compensation
law is amended by adding a new paragraph C to read as follows:
  C. "DISABILITY" ALSO INCLUDES FAMILY CARE.
  S 2. Subdivision 14 of section 201 of the workers'  compensation  law,
as added by chapter 600 of the laws of 1949 and as renumbered by chapter
438  of  the laws of 1964, is amended, and nine new subdivisions 15, 16,
17, 18, 19, 20, 21, 22 and 23 are added to read as follows:
  14. "A day of disability" means any day  on  which  the  employee  was
prevented  from performing work because of disability, INCLUDING ANY DAY
WHICH THE EMPLOYEE USES FOR FAMILY CARE, and for which [he] THE EMPLOYEE
has not received his OR HER regular remuneration.
  15. "FAMILY CARE" MEANS ANY LEAVE TAKEN BY AN EMPLOYEE FROM PERFORMING
WORK:
  A. TO PARTICIPATE IN PROVIDING CARE, INCLUDING PHYSICAL OR  PSYCHOLOG-
ICAL CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY BY A SERI-
OUS HEALTH CONDITION OF THE FAMILY MEMBER; OR
  B.  TO  BOND  WITH THE EMPLOYEE'S CHILD DURING THE FIRST TWELVE 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.
  16. "CHILD" MEANS A BIOLOGICAL, ADOPTED OR FOSTER CHILD, A STEP-CHILD,
A  LEGAL WARD OR A CHILD OF A PERSON WHO STANDS IN PARENTAL RELATIONSHIP
TO THE CHILD WHO IS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08411-04-6

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