senate Bill S8380A

2017-2018 Legislative Session

Authorizes paid family leave for bereavement

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2018 returned to senate
passed assembly
ordered to third reading rules cal.283
substituted for a10639a
Jun 19, 2018 referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.1963
referred to rules
Jun 13, 2018 print number 8380a
Jun 13, 2018 amend and recommit to labor
May 04, 2018 referred to labor

S8380 - Details

See Assembly Version of this Bill:
A10639A
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §§201, 205 & 217, Work Comp L

S8380 - Summary

Authorizes paid family leave for bereavement beginning in 2020.

S8380 - Sponsor Memo

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 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.
  S 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
                      [ ] is old law to be omitted.

Co-Sponsors

S8380A (ACTIVE) - Details

See Assembly Version of this Bill:
A10639A
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §§201, 205 & 217, Work Comp L

S8380A (ACTIVE) - Summary

Authorizes paid family leave for bereavement beginning in 2020.

S8380A (ACTIVE) - Sponsor Memo

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  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.
  S  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
                      [ ] is old law to be omitted.

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