assembly Bill A4435

2021-2022 Legislative Session

Allows leave of absence to employees for HIV testing

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to labor
Feb 04, 2021 referred to labor

A4435 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §202-n, Lab L
Versions Introduced in 2019-2020 Legislative Session:
A8880

A4435 (ACTIVE) - Summary

Allows leave of absence to employees for HIV testing during work hours.

A4435 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4435
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Labor
 
 AN ACT to amend the labor law, in relation to allowing leave of  absence
   to employees for HIV testing
 
   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  202-n  to
 read as follows:
   § 202-N. LEAVE OF ABSENCE FOR HIV TESTING GRANTED TO EMPLOYEES. 1. FOR
 THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A)  "EMPLOYEE"  MEANS  A PERSON WHO PERFORMS SERVICES FOR HIRE FOR AN
 EMPLOYER, FOR AN AVERAGE OF TWENTY OR MORE HOURS PER WEEK, AND  INCLUDES
 ALL    INDIVIDUALS EMPLOYED AT ANY SITE OWNED OR OPERATED BY AN EMPLOYER
 BUT SHALL NOT INCLUDE AN INDEPENDENT CONTRACTOR.
   (B) "EMPLOYER" MEANS A PERSON OR ENTITY THAT EMPLOYS  TWENTY  OR  MORE
 EMPLOYEES  AT AT LEAST ONE SITE AND INCLUDES AN INDIVIDUAL, CORPORATION,
 PARTNERSHIP, ASSOCIATION,  NONPROFIT  ORGANIZATION,  GROUP  OF  PERSONS,
 STATE,  COUNTY,  TOWN,  CITY, SCHOOL DISTRICT, PUBLIC AUTHORITY OR OTHER
 GOVERNMENTAL SUBDIVISION OF ANY KIND.
   2. AN EMPLOYER SHALL EITHER, AT ITS OPTION: (A) GRANT THREE  HOURS  OF
 LEAVE OF ABSENCE IN ANY TWELVE MONTH PERIOD TO AN EMPLOYEE WHO SEEKS HIV
 TESTING;  PROVIDED THAT THE LEAVE OF ABSENCE MAY NOT EXCEED THREE HOURS,
 UNLESS OTHERWISE AGREED TO BY THE EMPLOYER, AND  MUST  COMPLY  WITH  THE
 REQUIREMENTS  ESTABLISHED  BY  THE COMMISSIONER UNDER SUBDIVISION SIX OF
 THIS SECTION; OR (B) ALLOW ITS  EMPLOYEES  WITHOUT  USE  OF  ACCUMULATED
 LEAVE  TIME  FOR  HIV  TESTING DURING WORK HOURS AT LEAST TWO TIMES  PER
 YEAR AT A CONVENIENT TIME AND  PLACE  SET  BY  THE  EMPLOYER,  INCLUDING
 ALLOWING  AN  EMPLOYEE  TO  PARTICIPATE  IN  A  HIV TESTING DRIVE AT THE
 EMPLOYEE'S PLACE OF EMPLOYMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08912-01-1