Assembly Bill A4435

                            
 
                     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
              

 A. 4435                             2
 
   3. AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR  REQUESTING
 OR OBTAINING A LEAVE OF ABSENCE UNDER THIS SECTION.
   4. NO EMPLOYER SHALL REQUEST AN EMPLOYEE'S HIV TEST RESULT.
   5. THIS SECTION SHALL NOT PREVENT AN EMPLOYER FROM PROVIDING LEAVE FOR
 HIV  TESTING  IN  ADDITION TO LEAVE ALLOWED UNDER ANY OTHER PROVISION OF
 LAW. THIS SECTION SHALL NOT AFFECT AN EMPLOYEE'S RIGHTS WITH RESPECT  TO
 ANY OTHER EMPLOYEE BENEFIT OTHERWISE PROVIDED BY LAW.
   6. THE COMMISSIONER IS HEREBY AUTHORIZED AND DIRECTED TO ESTABLISH ANY
 NECESSARY  GUIDELINES,  INCLUDING  REQUIREMENTS  FOR NOTICE, REQUEST AND
 APPROVAL OF LEAVE, AND DOCUMENTATION, FOR THE TIMELY  IMPLEMENTATION  OF
 THE PROGRAM.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment 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.