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Assembly Bill A5125

2017-2018 Legislative Session

Provides employees with the opportunity to maintain health benefits through employer during approved unpaid leave of absence

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Archive: Last Bill Status - In Assembly Committee

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2017-A5125 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §201-g, Lab L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3523
2011-2012: A3056
2013-2014: A4385
2015-2016: A6660
2019-2020: A2252
2021-2022: A1515

2017-A5125 (ACTIVE) - Summary

Provides employees with the opportunity to maintain health benefits through the employer during approved unpaid leave of absence, as long as the employee continues to pay the employee contribution share through the employer.

2017-A5125 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5125
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the labor law, in relation to retaining health  benefits
   during approved unpaid leave of absence
 
   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  201-g  to
 read as follows:
   §  201-G.  MAINTENANCE  OF  HEALTH  BENEFITS  DURING APPROVED LEAVE OF
 ABSENCE.   1. WHENEVER AN EMPLOYER OR  GOVERNMENTAL  AGENCY  PERMITS  AN
 EMPLOYEE  TO  TAKE  AN  APPROVED  UNPAID LEAVE OF ABSENCE, SUCH EMPLOYER
 SHALL OFFER SUCH EMPLOYEE THE OPPORTUNITY TO MAINTAIN HIS OR HER  HEALTH
 CARE  BENEFITS,  PROVIDED THAT SUCH EMPLOYEE CONTINUES TO PAY HIS OR HER
 EMPLOYEE CONTRIBUTION TO SUCH HEALTH PLAN THROUGH THE EMPLOYER.
   2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A)  "EMPLOYEE"  MEANS  A  PERSON WHO PERFORMS SERVICE FOR HIRE FOR AN
 EMPLOYER, FOR AN AVERAGE OF TWENTY OR MORE HOURS PER WEEK, AND  INCLUDES
 ALL  INDIVIDUALS  EMPLOYED  AT ANY SITE OWNED OR OPERATED BY AN EMPLOYER
 BUT SHALL NOT INCLUDE AN INDEPENDENT CONTRACTOR.
   (B) "EMPLOYER" MEANS A PERSON OR ENTITY THAT EMPLOYS  TWENTY  OR  MORE
 EMPLOYEES  AT AT LEAST ONE SITE AND INCLUDES AN INDIVIDUAL, CORPORATION,
 COUNTY, TOWN, CITY, SCHOOL DISTRICT, PUBLIC AUTHORITY OR  OTHER  GOVERN-
 MENTAL SUBDIVISION OF ANY KIND.
   3.  AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR REQUESTING
 OR OBTAINING A LEAVE OF ABSENCE AS PROVIDED IN THIS SECTION.
   4. THE PROVISIONS OF THIS SECTION  SHALL  NOT  AFFECT  OR  PREVENT  AN
 EMPLOYER  FROM PROVIDING LEAVE IN ADDITION TO ANY OTHER LEAVE AUTHORIZED
 BY LAW. THE PROVISIONS OF THIS SECTION SHALL NOT  AFFECT  AN  EMPLOYEE'S
 RIGHTS WITH RESPECT TO ANY OTHER EMPLOYEE BENEFIT PROVIDED BY LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09382-01-7

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