Senate Bill S8380

Vetoed By Governor
2017-2018 Legislative Session

Authorizes paid family leave for bereavement

download bill text pdf

Sponsored By

Archive: Last Bill Status - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

2017-S8380 - Details

See Assembly Version of this Bill:
A10639
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §§201, 204, 205 & 217, Work Comp L
Versions Introduced in Other Legislative Sessions:
2019-2020: S4694, A6891, A10272
2021-2022: S6032, A2534
2023-2024: S6116, A6605

2017-S8380 - Summary

Authorizes paid family leave for bereavement beginning in 2020.

2017-S8380 - Sponsor Memo

2017-S8380 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8380
 
                             I N  S E N A T E
 
                                May 4, 2018
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- 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 paid fami-
   ly leave and bereavement
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Subdivision 15 of section 201 of the workers' compensation
 law, as added by section 2 of part SS of chapter 54 of the laws of 2016,
 is amended to read as follows:
   15. "Family leave" shall mean any leave  taken  by  an  employee  from
 work:    (a)  to  participate  in  providing care, including physical or
 psychological care, for a family member of the employee  made  necessary
 by a serious health condition of the family member INCLUDING BEREAVEMENT
 UPON THE DEATH OF SUCH 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; or (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)  LEAVE
 TAKEN  FOR  THE  PURPOSES  OF  BEREAVEMENT  DUE TO THE DEATH OF A FAMILY
 MEMBER.
   § 2. Paragraph (a) of subdivision 2 of section  204  of  the  workers'
 compensation  law, as added by section 5 of part SS of chapter 54 of the
 laws of 2016, is amended to read as follows:
   (a) The weekly benefit for family leave that occurs (i)  on  or  after
 January first, two thousand eighteen shall not exceed eight weeks during
 any  fifty-two  week  calendar  period and shall be fifty percent of the
 employee's average weekly wage but shall not exceed fifty percent of the
 state average weekly wage, (ii) on or after January first, two  thousand
 nineteen  shall  not exceed ten weeks during any fifty-two week calendar
 period and shall be fifty-five percent of the employee's average  weekly
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2017-S8380A (ACTIVE) - Details

See Assembly Version of this Bill:
A10639
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §§201, 204, 205 & 217, Work Comp L
Versions Introduced in Other Legislative Sessions:
2019-2020: S4694, A6891, A10272
2021-2022: S6032, A2534
2023-2024: S6116, A6605

2017-S8380A (ACTIVE) - Summary

Authorizes paid family leave for bereavement beginning in 2020.

2017-S8380A (ACTIVE) - Sponsor Memo

2017-S8380A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8380--A
 
                             I N  S E N A T E
 
                                May 4, 2018
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- 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 paid fami-
   ly leave and bereavement

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 15 of section 201 of the workers'  compensation
 law, as added by section 2 of part SS of chapter 54 of the laws of 2016,
 is amended to read as follows:
   15.  "Family  leave"  shall  mean  any leave taken by an employee from
 work:   (a) to participate in  providing  care,  including  physical  or
 psychological  care,  for a family member of the employee made necessary
 by a serious health condition of the family member INCLUDING BEREAVEMENT
 UPON THE DEATH OF SUCH 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; or (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) LEAVE
 TAKEN FOR THE PURPOSES OF BEREAVEMENT DUE  TO  THE  DEATH  OF  A  FAMILY
 MEMBER.
   §  2.  Paragraph  (b)  of subdivision 2 of section 205 of the workers'
 compensation law, as added by section 6 of part SS of chapter 54 of  the
 laws of 2016, is amended to read as follows:
   (b)  For  any  period  of  family leave wherein the notice and medical
 certification, OR DEATH CERTIFICATE, as prescribed by the chair has  not
 been  filed. At the discretion of the chair or chair's designee pursuant
 to section two hundred twenty-one of this article, the family member who
 is the recipient of care may be required to submit to a  physical  exam-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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