NY State Senate Bill 2017-S7723A

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 20, 2018	print number 7723a
Feb 20, 2018	amend (t) and recommit to labor
Feb 13, 2018	referred to labor

Bill Amendments

Original

A (Active)

2017-S7723 - Details

Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §§201 & 204, add §204-a, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5090
2021-2022: S3024
2023-2024: S7965
2025-2026: S6101

2017-S7723 - Summary

Provides that an eligible employee may take two weeks of paid leave through the paid family leave program and an additional two weeks of unpaid leave during any 52 week calendar period as a result of being a victim of domestic or sexual abuse.

2017-S7723 - Sponsor Memo

                                
 
BILL NUMBER: S7723

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the workers' compensation law, in
relation to providing unpaid leave for victims of domestic or sexual
abuse

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide unpaid leave for victims of abuse

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one: Amends chapter 54 of the laws of 2016 to include victims of
domestic or sexual violence

Section two: Amends section 204 of the workers compensation law by
adding section 3 which delineates the amount of leave and the percent of
wages taken

Section three: Amends 204-a of the workers compensation law authorizes

two weeks of unpaid leave

Section four: Authorizes the department of financial services to take
this act in account when determining the maximum contribution for the
paid family leave program

Section five: Sets the effective date

 
JUSTIFICATION:

In 2008, in the United States, intimate partners committed approximately
552,000 violent crimes against women, including 35,690 rapes or sexual
assaults, 38,820 robberies, 70,550 aggravated assaults, and 406,530
simple assaults. Notwithstanding the prevalence of domestic violence
across demographic categories, it is overwhelmingly a crime perpetrated
against women. Women are far more likely than men to be victims of
domestic violence; the rate of intimate partner victimization per 1,000
persons is 4.3 for women compared with 0.8 for men.

It has been found that victims of domestic violence lose an average of
137 hours of work a year. Some victims need time off from work to seek
medical attention; others need time to seek restraining orders, or relo-
cate to a safe place where an abuser cannot find for further victimize
them. Other victims are prevented from getting to work when an abuser
disables or takes the car, sabotages childcare arrangements, cancels
service to or steals a cell phone, or leaves the victim without cash to
use public transportation.

These problems have led a number of states to pass domestic violence
leave laws, which give victims of domestic violence the right to take
time off for certain reasons. New Jersey signed its Domestic Violence
Leave Act into law in October of 2013 Other states with similar laws
include but are not limited to: California, Colorado, Connecticut,
Florida, Hawaii, Illinois, Kansas, Maine, New Mexico, North Carolina,
Oregon, Philadelphia, Rhode Island, Washington and Washington, D.C.

While state laws providing employment rights for victims of domestic
violence are not uniform, there is a clear trend toward awarding medical
leave for victims of domestic violence and sexual abuse. It is time New
York provided these victims with greater protections, similar to those
done it its sister states.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

 
EFFECTIVE DATE:
This act shall take effect on the first January next succeeding the date
on which it shall have become law.

2017-S7723 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7723
 
                             I N  S E N A T E
 
                             February 13, 2018
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  providing
   unpaid leave for victims of domestic or sexual abuse
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (c) of subdivision 15 of section 201 of the work-
 ers' compensation law, as added by section 2 of part SS of chapter 54 of
 the laws of 2016, is amended and a new paragraph (d) is added to read as
 follows:
   (c) because of any qualifying exigency as interpreted under the family
 and medical  leave  act,  29  U.S.C.S  §  2612(a)(1)(e)  and  29  C.F.R.
 S.825.126(a)(1)-(8),  arising  out of the fact that the spouse, domestic
 partner, child, or parent of the employee is on active duty (or has been
 notified of an impending call or order to  active  duty)  in  the  armed
 forces of the United States[.], OR
   (D)  TO  SEEK  SERVICES  AS  A  VICTIM OF DOMESTIC OR SEXUAL VIOLENCE,
 INCLUDING BUT NOT LIMITED TO MEDICAL  ATTENTION  FROM  ANY  PHYSICAL  OR
 PSYCHOLOGICAL  INJURIES,  ATTENDING COUNSELING SESSIONS IN ORDER TO DEAL
 WITH THE EFFECTS OF SUCH INJURIES, SEEKING  LEGAL  ASSISTANCE  INCLUDING
 ATTENDANCE  IN COURT PROCEEDINGS OR TO COMMUNICATE WITH AN ATTORNEY, AND
 SEEKING SERVICES ALLOWING FOR RELOCATING TO  A  PERMANENT  OR  TEMPORARY
 RESIDENCE.
   §  1-a.  Section  201  of  the workers' compensation law is amended by
 adding four new subdivisions 24, 25, 26 and 27 to read as follows:
   24. "VICTIM OF DOMESTIC OR SEXUAL ABUSE" MEANS A  VICTIM  OF  DOMESTIC
 VIOLENCE, A SEX OFFENSE, OR STALKING.
   25.  "VICTIM OF DOMESTIC VIOLENCE" MEANS AN INDIVIDUAL WHO IS A VICTIM
 OF AN ACT WHICH WOULD CONSTITUTE A FAMILY OFFENSE PURSUANT  TO  SUBDIVI-
 SION ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT.
   26.  "VICTIM  OF A SEX OFFENSE" MEANS AN INDIVIDUAL WHO IS A VICTIM OF
 AN ACT OR ACTS THAT WOULD CONSTITUTE A VIOLATION OF ARTICLE ONE  HUNDRED
 THIRTY OF THE PENAL LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14424-01-8

 S. 7723                             2
 
   27. "VICTIM OF STALKING" MEANS AN INDIVIDUAL WHO IS A VICTIM OF AN ACT
 OR  ACTS  THAT  WOULD  CONSTITUTE A VIOLATION OF SECTION 120.45, 120.50,
 120.55, OR 120.60 OF THE PENAL LAW.
   § 2. Section 204 of the workers' compensation law is amended by adding
 a new subdivision 3 to read as follows:
   3.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, THE WEEKLY
 BENEFIT FOR FAMILY LEAVE TAKEN PURSUANT TO PARAGRAPH (D) OF  SUBDIVISION
 FIFTEEN  OF SECTION TWO HUNDRED ONE OF THIS ARTICLE SHALL NOT EXCEED TWO
 WEEKS DURING ANY FIFTY-TWO WEEK CALENDAR PERIOD AND SHALL BE SIXTY-SEVEN
 PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY  WAGES  BUT  SHALL  NOT  EXCEED
 SIXTY-SEVEN PERCENT OF THE NEW YORK STATE AVERAGE WEEKLY WAGE.
   §  3. The workers' compensation law is amended by adding a new section
 204-a to read as follows:
   § 204-A. ADDITIONAL UNPAID LEAVE FOR VICTIMS  OF  DOMESTIC  OR  SEXUAL
 ABUSE.  IN ADDITION TO ANY LEAVE TAKEN BY A VICTIM OF DOMESTIC OR SEXUAL
 ABUSE PURSUANT TO SECTION TWO HUNDRED FOUR OF THIS ARTICLE, AN  ELIGIBLE
 EMPLOYEE  MAY  TAKE  AN  ADDITIONAL TWO WEEKS OF UNPAID LEAVE DURING ANY
 FIFTY-TWO WEEK CALENDAR PERIOD. AN EMPLOYEE TAKING UNPAID LEAVE PURSUANT
 TO THE PROVISIONS OF THIS SECTION SHALL  OTHERWISE  BE  TREATED  AS  ANY
 OTHER COVERED EMPLOYEE FOR THE PURPOSES OF THIS CHAPTER.
   §  4.  The department of financial services is authorized to take into
 account the provisions of this act when determining the maximum employee
 contribution for the paid family leave program pursuant to article  nine
 of the workers' compensation law.
   §  5. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

co-Sponsors

2017-S7723A (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §§201 & 204, add §204-a, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5090
2021-2022: S3024
2023-2024: S7965
2025-2026: S6101

2017-S7723A (ACTIVE) - Summary

2017-S7723A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7723A

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to providing
four weeks of leave for victims of abuse

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide up to four weeks of leave for victims of domestic or sexual
abuse

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one: Amends chapter 54 of the laws of 2016 to include victims of
domestic or sexual violence.

Section two: Amends section 204 of the workers compensation law by
adding section 3 which delineates the amount of leave and the percent of
wages taken.

Section three: Amends 204-a of the workers compensation law authorizes
two weeks of unpaid leave.

Section four: Authorizes the department of financial services to take
this act in account when determining the maximum contribution for the
paid family leave program.

Section five: Sets the effective date.

 
JUSTIFICATION:

In 2008, in the United States, intimate partners committed approximately
552,000 violent crimes against women, including 35,690 rapes or sexual
assaults, 30,820 robberies, 70,550 aggravated assaults, and 406,530
simple assaults. Notwithstanding the prevalence of domestic violence
across demographic categories, it is overwhelmingly a crime perpetrated
against women. Women are far more likely than men to be victims of
domestic violence; the rate of intimate partner victimization per 1,000
persons is 4.3 for women compared with 0.8 for men.

According to Stand for Families free of violence, victims have lost an
estimated, 8 million in paid work days due to domestic violence. As well
as, losing approximately 137 hours of work to due to the violence
subjected to seek medical attention; to seek restraining orders; or to
relocate to a safe place where an abuser cannot find for further victim-
ize them. Other victims are prevented from getting to work when an abus-
er disables or takes the car, sabotages childcare arrangements, cancels
service to or steals a cell phone, or leaves the victim without cash to
use public transportation.

To address these problems a number of states to have passed domestic
violence and or sexual abuse leave laws, which give victims of domestic
violence the right to take time off for certain reasons. New Jersey
signed its Domestic Violence Leave Act into law in October of 2013 Other
states with similar laws include but are not limited to:  California,
Colorado, Connecticut, Florida, Hawaii, Illinois, Kansas, Maine, New

Mexico, North Carolina, Oregon, Philadelphia, Rhode Island, Washington
and Washington, D.C.

While state laws providing employment rights for victims of domestic and
sexual violence are not uniform, there is a clear trend toward awarding
medical leave for victims of domestic violence and sexual abuse. It is
time New York provided these victims with greater protections, similar
to those Passed throughout the nation.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
EFFECTIVE DATE:
This act shall take effect on the first January next succeeding the date
on which it shall have become law.

2017-S7723A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7723--A
 
                             I N  S E N A T E
 
                             February 13, 2018
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Labor  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the workers' compensation law, in relation to providing
   four weeks of leave for victims of abuse

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 15 of section 201 of the work-
 ers' compensation law, as added by section 2 of part SS of chapter 54 of
 the laws of 2016, is amended and a new paragraph (d) is added to read as
 follows:
   (c) because of any qualifying exigency as interpreted under the family
 and  medical  leave  act,  29  U.S.C.S  §  2612(a)(1)(e)  and  29 C.F.R.
 S.825.126(a)(1)-(8), arising out of the fact that the  spouse,  domestic
 partner, child, or parent of the employee is on active duty (or has been
 notified  of  an  impending  call  or order to active duty) in the armed
 forces of the United States[.]; OR
   (D) TO SEEK SERVICES AS A  VICTIM  OF  DOMESTIC  OR  SEXUAL  VIOLENCE,
 INCLUDING,  BUT  NOT  LIMITED TO, MEDICAL ATTENTION FROM ANY PHYSICAL OR
 PSYCHOLOGICAL INJURIES, ATTENDING COUNSELING SESSIONS IN ORDER  TO  DEAL
 WITH  THE  EFFECTS  OF SUCH INJURIES, SEEKING LEGAL ASSISTANCE INCLUDING
 ATTENDANCE IN COURT PROCEEDINGS OR TO COMMUNICATE WITH AN ATTORNEY,  AND
 SEEKING  SERVICES  ALLOWING  FOR  RELOCATING TO A PERMANENT OR TEMPORARY
 RESIDENCE.
   § 1-a. Section 201 of the workers'  compensation  law  is  amended  by
 adding four new subdivisions 24, 25, 26 and 27 to read as follows:
   24.  "VICTIM  OF  DOMESTIC OR SEXUAL ABUSE" MEANS A VICTIM OF DOMESTIC
 VIOLENCE, A SEX OFFENSE, OR STALKING.
   25. "VICTIM OF DOMESTIC VIOLENCE" MEANS AN INDIVIDUAL WHO IS A  VICTIM
 OF  AN  ACT WHICH WOULD CONSTITUTE A FAMILY OFFENSE PURSUANT TO SUBDIVI-
 SION ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14424-02-8

 S. 7723--A                          2
 
   26. "VICTIM OF A SEX OFFENSE" MEANS AN INDIVIDUAL WHO IS A  VICTIM  OF
 AN  ACT OR ACTS THAT WOULD CONSTITUTE A VIOLATION OF ARTICLE ONE HUNDRED
 THIRTY OF THE PENAL LAW.
   27. "VICTIM OF STALKING" MEANS AN INDIVIDUAL WHO IS A VICTIM OF AN ACT
 OR  ACTS  THAT  WOULD  CONSTITUTE A VIOLATION OF SECTION 120.45, 120.50,
 120.55, OR 120.60 OF THE PENAL LAW.
   § 2. Section 204 of the workers' compensation law is amended by adding
 a new subdivision 3 to read as follows:
   3. NOTWITHSTANDING ANY PROVISION OF LAW TO THE  CONTRARY,  THE  WEEKLY
 BENEFIT  FOR FAMILY LEAVE TAKEN PURSUANT TO PARAGRAPH (D) OF SUBDIVISION
 FIFTEEN OF SECTION TWO HUNDRED ONE OF THIS ARTICLE SHALL NOT EXCEED  TWO
 WEEKS DURING ANY FIFTY-TWO WEEK CALENDAR PERIOD AND SHALL BE SIXTY-SEVEN
 PERCENT  OF  THE  EMPLOYEE'S  AVERAGE  WEEKLY WAGES BUT SHALL NOT EXCEED
 SIXTY-SEVEN PERCENT OF THE NEW YORK STATE AVERAGE WEEKLY WAGE.
   § 3. The workers' compensation law is amended by adding a new  section
 204-a to read as follows:
   §  204-A.  ADDITIONAL  UNPAID  LEAVE FOR VICTIMS OF DOMESTIC OR SEXUAL
 ABUSE. IN ADDITION TO ANY LEAVE TAKEN BY A VICTIM OF DOMESTIC OR  SEXUAL
 ABUSE  PURSUANT TO SECTION TWO HUNDRED FOUR OF THIS ARTICLE, AN ELIGIBLE
 EMPLOYEE MAY TAKE AN ADDITIONAL TWO WEEKS OF  UNPAID  LEAVE  DURING  ANY
 FIFTY-TWO WEEK CALENDAR PERIOD. AN EMPLOYEE TAKING UNPAID LEAVE PURSUANT
 TO  THE  PROVISIONS  OF  THIS  SECTION SHALL OTHERWISE BE TREATED AS ANY
 OTHER COVERED EMPLOYEE FOR THE PURPOSES OF THIS CHAPTER.
   § 4. The department of financial services is authorized to  take  into
 account the provisions of this act when determining the maximum employee
 contribution  for the paid family leave program pursuant to article nine
 of the workers' compensation law.
   § 5. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.

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Senate Bill S7723A

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

Bill Amendments

2017-S7723 - Details

2017-S7723 - Summary

2017-S7723 - Sponsor Memo

2017-S7723 - Bill Text download pdf

co-Sponsors

2017-S7723A (ACTIVE) - Details

2017-S7723A (ACTIVE) - Summary

2017-S7723A (ACTIVE) - Sponsor Memo

2017-S7723A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

Bill Amendments

2017-S7723 - Details

2017-S7723 - Summary

2017-S7723 - Sponsor Memo

2017-S7723 - Bill Text download pdf

co-Sponsors

Rich Funke

2017-S7723A (ACTIVE) - Details

2017-S7723A (ACTIVE) - Summary

2017-S7723A (ACTIVE) - Sponsor Memo

2017-S7723A (ACTIVE) - Bill Text download pdf

Comments