S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5875
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2019
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Labor
 
 AN  ACT to amend the workers' compensation law, in relation to eligibil-
   ity for New York state paid family leave benefits by  persons  engaged
   in a teaching capacity in a religious institution

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Group 18 of subdivision 1 of  section  3  of  the  workers'
 compensation  law,  as  amended  by  chapter 260 of the laws of 1972, is
 amended to read as follows:
   Group 18. All other employments, except persons engaged in a [teaching
 or] nonmanual capacity in or for a religious, charitable or  educational
 institution, notwithstanding the definition of employment in subdivision
 five  of  section  two,  not  hereinbefore enumerated, carried on by any
 person, firm or corporation in which there are engaged or  employed  one
 or  more  employees  regularly,  in the same business or in or about the
 same establishment either upon the premises or at the plant or away from
 the plant of the employer,  under  any  contract  of  hire,  express  or
 implied,  oral or written, except farm laborers and domestics other than
 those within the coverage of this chapter pursuant to groups  fourteen-b
 and  twelve  respectively  of  this subdivision, unless the employer has
 elected to bring such employees under the law by  securing  compensation
 in  accordance  with  the  terms  of  section  fifty of this chapter and
 persons engaged in voluntary service not under contract of hire. A  duly
 ordained,  commissioned or licensed minister, priest or rabbi, a sexton,
 a christian science reader, or a member of a religious order, shall  not
 be  deemed  to  be  employed or engaged in employment under the terms of
 this section. Recipients of charitable aid from a religious or  charita-
 ble  institution  who  perform  work  in or for the institution which is
 incidental to or in return for the aid  conferred,  and  not  under  any
 express  contract of hire, shall not be deemed to be employed or engaged
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06039-01-9

 A. 5875                             2
 
 in employment under the terms of  this  section.  All  persons  who  are
 members of a supervised amateur athletic activity operated on a non-pro-
 fit  basis  shall  not be deemed to be employed or engaged in employment
 under the terms of this section, provided that said members are not also
 otherwise engaged or employed by any person, firm or corporation partic-
 ipating  in  said athletic activity. The terms "religious, charitable or
 educational institution" mean a corporation, unincorporated association,
 community chest, fund or foundation organized and  operated  exclusively
 for  religious,  charitable  or educational purposes, no part of the net
 earnings of which inure to the benefit of  any  private  shareholder  or
 individual.
   §  2.  The  opening  paragraph  of subdivision 5 of section 201 of the
 workers' compensation law, as amended by chapter  481  of  the  laws  of
 2010, is amended to read as follows:
   "Employee" means a person engaged in the service of an employer in any
 employment  defined  in  subdivision six of this section, except a minor
 child of the employer, except a duly ordained, commissioned, or licensed
 minister, priest or rabbi, a sexton,  a  christian  science  reader,  or
 member  of  a  religious order, or an executive officer of a corporation
 who at all times during the period involved owns all of the  issued  and
 outstanding stock of the corporation and holds all of the offices pursu-
 ant  to  paragraph  (e) of section seven hundred fifteen of the business
 corporation law or two executive officers of a corporation  who  at  all
 times  during the period involved between them own all of the issued and
 outstanding  stock  of  such  corporation  and  hold  all  such  offices
 provided,  however,  that  each  officer  must own at least one share of
 stock, except as provided in section two hundred twelve of this article,
 or an executive officer of  an  incorporated  religious,  charitable  or
 educational institution, or persons engaged in a professional [or teach-
 ing]  capacity in or for a religious, charitable or educational institu-
 tion, or volunteers in or for a  religious,  charitable  or  educational
 institution,  or  persons  participating in and receiving rehabilitative
 services in a sheltered workshop operated by a religious, charitable  or
 educational  institution under a certificate issued by the United States
 department of labor, or recipients of charitable aid from a religious or
 charitable institution who perform work in or for the institution  which
 is  incidental  to  or in return for the aid conferred, and not under an
 express contract of hire. The terms  "religious,  charitable  or  educa-
 tional  institution"  mean  a  corporation,  unincorporated association,
 community chest, fund or foundation organized and  operated  exclusively
 for  religious,  charitable  or educational purposes, no part of the net
 earnings of which inure to the benefit of  any  private  shareholder  or
 individual.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.