S T A T E O F N E W Y O R K
________________________________________________________________________
1113
2021-2022 Regular Sessions
I N A S S E M B L Y
January 7, 2021
___________
Introduced by M. of A. BUTTENSCHON -- read once and referred to the
Committee on Labor
AN ACT to amend the labor law, in relation to providing an exception to
an employer's obligation to provide paid sick leave to its employees
for certain businesses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 12, 13 and 14 of section 196-b of the labor
law are renumbered subdivisions 13, 14 and 15 and a new subdivision 12
is added to read as follows:
12. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION TO THE CONTRARY, AN
EMPLOYER THAT IS REQUIRED BY CONTRACT TO PROVIDE SERVICES TO ANOTHER
ENTITY (I) BY MEANS OF HAVING ONE OR MORE OF ITS EMPLOYEES WORK AT THE
FACILITIES OF THE OTHER ENTITY FOR THE ENTIRE DAILY WORK PERIOD AND (II)
THAT MUST PAY AN ADDITIONAL EMPLOYEE TO PROVIDE SUBSTITUTE SERVICES IN
THE ABSENCE OF THE ORIGINAL CONTRACTED-FOR EMPLOYEE, SHALL NOT BE
REQUIRED TO PROVIDE PAID SICK LEAVE AS PROVIDED IN PARAGRAPH B OF SUBDI-
VISION ONE OF THIS SECTION. NOTHING IN THIS SUBDIVISION SHALL BE
CONSTRUED TO LIMIT THE AMOUNT OF UNPAID SICK LEAVE THE EMPLOYER IS
REQUIRED TO PROVIDE PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendments
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02242-01-1