NY State Senate Bill 2017-S1536

Senate Bill S1536

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to labor
Jan 10, 2017	referred to labor

2017-S1536 (ACTIVE) - Details

See Assembly Version of this Bill:: A5894
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §19, Lab L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A2560
2011-2012: A2947
2013-2014: S7752, A3901
2015-2016: S1154, A3700
2019-2020: A1214

2017-S1536 (ACTIVE) - Summary

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

2017-S1536 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1536

 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
2013: A.3901 (Glick)
2014: S.7752/A.3901 (Glick)
2015-16: S.1154/A.3700 (Glick)

 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.

2017-S1536 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1536
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 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:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00959-01-7

 S. 1536                             2
 
 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.
   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.
   §  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.
   § 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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