Assembly Bill A9937

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9937
 
                           I N  A S S E M B L Y
 
                             February 27, 2018
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Labor
 
 AN  ACT to amend the workers' compensation law, in relation to eligibil-
   ity for New York state paid family leave benefits by  persons  engaged
   in a teaching capacity in a religious institution
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Group 18 of subdivision 1 of  section  3  of  the  workers'
 compensation  law,  as  amended  by  chapter 260 of the laws of 1972, is
 amended to read as follows:
   Group 18. All other employments, except persons engaged in a [teaching
 or] nonmanual capacity in or for a religious, charitable or  educational
 institution, notwithstanding the definition of employment in subdivision
 five  of  section  two,  not  hereinbefore enumerated, carried on by any
 person, firm or corporation in which there are engaged or  employed  one
 or  more  employees  regularly,  in the same business or in or about the
 same establishment either upon the premises or at the plant or away from
 the plant of the employer,  under  any  contract  of  hire,  express  or
 implied,  oral or written, except farm laborers and domestics other than
 those within the coverage of this chapter pursuant to groups  fourteen-b
 and  twelve  respectively  of  this subdivision, unless the employer has
 elected to bring such employees under the law by  securing  compensation
 in  accordance  with  the  terms  of  section  fifty of this chapter and
 persons engaged in voluntary service not under contract of hire. A  duly
 ordained,  commissioned or licensed minister, priest or rabbi, a sexton,
 a christian science reader, or a member of a religious order, shall  not
 be  deemed  to  be  employed or engaged in employment under the terms of
 this section. Recipients of charitable aid from a religious or  charita-
 ble  institution  who  perform  work  in or for the institution which is
 incidental to or in return for the aid  conferred,  and  not  under  any
 express  contract of hire, shall not be deemed to be employed or engaged
 in employment under the terms of  this  section.  All  persons  who  are
 members of a supervised amateur athletic activity operated on a non-pro-
 fit  basis  shall  not be deemed to be employed or engaged in employment
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14673-01-8

 A. 9937                             2
 
 under the terms of this section, provided that said members are not also
 otherwise engaged or employed by any person, firm or corporation partic-
 ipating in said athletic activity. The terms "religious,  charitable  or
 educational institution" mean a corporation, unincorporated association,
 community  chest,  fund or foundation organized and operated exclusively
 for religious, charitable or educational purposes, no part  of  the  net
 earnings  of  which  inure  to the benefit of any private shareholder or
 individual.
   § 2. The opening paragraph of subdivision 5  of  section  201  of  the
 workers'  compensation  law,  as  amended  by chapter 481 of the laws of
 2010, is amended to read as follows:
   "Employee" means a person engaged in the service of an employer in any
 employment defined in subdivision six of this section,  except  a  minor
 child of the employer, except a duly ordained, commissioned, or licensed
 minister,  priest  or  rabbi,  a  sexton, a christian science reader, or
 member of a religious order, or an executive officer  of  a  corporation
 who  at  all times during the period involved owns all of the issued and
 outstanding stock of the corporation and holds all of the offices pursu-
 ant to paragraph (e) of section seven hundred fifteen  of  the  business
 corporation  law  or  two executive officers of a corporation who at all
 times during the period involved between them own all of the issued  and
 outstanding  stock  of  such  corporation  and  hold  all  such  offices
 provided, however, that each officer must own  at  least  one  share  of
 stock, except as provided in section two hundred twelve of this article,
 or  an  executive  officer  of  an incorporated religious, charitable or
 educational institution, or persons engaged in a professional [or teach-
 ing] capacity in or for a religious, charitable or educational  institu-
 tion,  or  volunteers  in  or for a religious, charitable or educational
 institution, or persons participating in  and  receiving  rehabilitative
 services  in a sheltered workshop operated by a religious, charitable or
 educational institution under a certificate issued by the United  States
 department of labor, or recipients of charitable aid from a religious or
 charitable  institution who perform work in or for the institution which
 is incidental to or in return for the aid conferred, and  not  under  an
 express  contract  of  hire.  The terms "religious, charitable or educa-
 tional institution"  mean  a  corporation,  unincorporated  association,
 community  chest,  fund or foundation organized and operated exclusively
 for religious, charitable or educational purposes, no part  of  the  net
 earnings  of  which  inure  to the benefit of any private shareholder or
 individual.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.