Assembly Bill A1214

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1214
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M. of A. GLICK, CAHILL -- Multi-Sponsored by -- M. of A.
   AUBRY, COLTON, DINOWITZ, GOTTFRIED, ORTIZ -- read once and referred 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05674-01-9
              

 A. 1214                             2
 
   3.  SICK LEAVE DOES NOT INCLUDE ANY BENEFIT PROVIDED UNDER AN EMPLOYEE
 WELFARE BENEFIT PLAN SUBJECT TO THE FEDERAL EMPLOYEE  RETIREMENT  INCOME
 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.