Assembly Bill A7571

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7571
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 14, 2021
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the railroad law, in relation to establishing light duty
   during pregnancy and parental leave for railroad employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The railroad law is amended by adding two new sections 64-a
 and 64-b to read as follows:
   § 64-A. LIGHT DUTY FOR EMPLOYEES. 1. SHOULD ANY  EMPLOYEE  ENGAGED  IN
 THE  SERVICE  OF  ANY  RAILROAD, INCLUDING ANY COMMUTER RAIL SERVICE, AS
 DEFINED BY SECTION NINETY-SEVEN-A OF THIS ARTICLE, OWNED OR OPERATED  BY
 A  STATE  AUTHORITY  OR ITS SUBSIDIARY, AS DEFINED BY SECTION TWO OF THE
 PUBLIC AUTHORITIES LAW, WHO IS PREGNANT BE PREVENTED BY  SUCH  PREGNANCY
 FROM  PERFORMING  THE ACTIVITIES INVOLVED IN HER REGULAR ASSIGNED DUTIES
 DUE, BUT IS ABLE, AS DETERMINED BY THE EMPLOYEE'S MEDICAL  PROVIDER,  TO
 PERFORM SPECIFIED TYPES OF LIGHT DUTY, THE EMPLOYER SHALL MAKE AVAILABLE
 SUCH LIGHT DUTY TO THE EMPLOYEE, PROVIDED, HOWEVER, THAT SUCH LIGHT DUTY
 SHALL ENABLE HER TO CONTINUE TO BE ENTITLED TO HER CONCURRENT ASSIGNMENT
 EARNINGS,  INCLUDING INCREASES THEREOF AND FRINGE BENEFITS, TO WHICH SHE
 WOULD HAVE BEEN ENTITLED  IF  SHE  WERE  ABLE  TO  PERFORM  HER  REGULAR
 ASSIGNED DUTIES.
   2.  NOTHING  IN  THIS  SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS,
 PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE  BARGAINING
 AGREEMENT OR EMPLOYMENT CONTRACT.
   § 64-B. PARENTAL LEAVE FOR RAILROAD EMPLOYEES. 1. FOR PURPOSES OF THIS
 SECTION,  "PARENTAL  LEAVE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOYEE OF
 ANY RAILROAD, INCLUDING ANY COMMUTER RAIL SERVICE, AS DEFINED BY SECTION
 NINETY-SEVEN-A OF THIS ARTICLE, OWNED OR OPERATED BY A  STATE  AUTHORITY
 OR  ITS  SUBSIDIARY, AS DEFINED BY SECTION TWO OF THE PUBLIC AUTHORITIES
 LAW, FROM WORK TO BOND WITH THE EMPLOYEE'S CHILD DURING THE FIRST TWELVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10054-01-1
              

 A. 7571                             2
 
 MONTHS AFTER THE CHILD'S BIRTH, OR THE FIRST  TWELVE  MONTHS  AFTER  THE
 PLACEMENT OF THE CHILD FOR ADOPTION OR FOSTER CARE WITH THE EMPLOYEE.
   2.  BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-TWO, RAILROAD EMPLOY-
 EES IN EMPLOYMENT FOR TWENTY-SIX OR  MORE  CONSECUTIVE  WEEKS  SHALL  BE
 ELIGIBLE FOR PARENTAL LEAVE BENEFITS. EVERY SUCH EMPLOYEE SHALL CONTINUE
 TO  BE  ELIGIBLE  FOR  PARENTAL  LEAVE BENEFITS UNTIL THE TERMINATION OF
 EMPLOYMENT WITH THE EMPLOYER. AN EMPLOYEE REGULARLY IN THE EMPLOYMENT OF
 AN EMPLOYER AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION  ON  A  WORK
 SCHEDULE LESS THAN THE EMPLOYER'S NORMAL WORK WEEK SHALL BECOME ELIGIBLE
 FOR PARENTAL LEAVE BENEFITS ON THE ONE HUNDRED SEVENTY-FIFTH DAY OF SUCH
 REGULAR EMPLOYMENT. AN EMPLOYEE WHO IS ELIGIBLE FOR PARENTAL LEAVE BENE-
 FITS SHALL NOT BE DEEMED, FOR THE PURPOSES OF THIS SECTION, TO HAVE SUCH
 EMPLOYMENT TERMINATED DURING ANY PERIOD HE OR SHE IS ELIGIBLE TO RECEIVE
 BENEFITS UNDER THIS SECTION WITH RESPECT TO SUCH EMPLOYMENT.
   3. THE WEEKLY BENEFIT FOR PARENTAL LEAVE THAT OCCURS ON OR AFTER JANU-
 ARY FIRST, TWO THOUSAND TWENTY-TWO, SHALL NOT EXCEED TWELVE WEEKS DURING
 ANY  FIFTY-TWO  WEEK CALENDAR PERIOD AND SHALL BE SIXTY-SEVEN PERCENT OF
 THE EMPLOYEE'S AVERAGE WEEKLY WAGE. THE ENTIRE PERIOD OF  THE  LEAVE  OF
 ABSENCE  GRANTED  PURSUANT  TO THIS SECTION SHALL NOT BE CHARGED AGAINST
 ANY OTHER LEAVE SUCH EMPLOYEE IS OTHERWISE ENTITLED TO. BENEFITS MAY  BE
 PAYABLE TO EMPLOYEES FOR PARENTAL LEAVE TAKEN INTERMITTENTLY OR FOR LESS
 THAN  A FULL WORK WEEK IN INCREMENTS OF ONE FULL DAY OR ONE-FIFTH OF THE
 WEEKLY BENEFIT.
   4. PARENTAL LEAVE BENEFITS SHALL BE PAYABLE TO  AN  ELIGIBLE  EMPLOYEE
 FOR  THE  FIRST  FULL DAY WHEN PARENTAL LEAVE IS REQUIRED AND THEREAFTER
 DURING THE CONTINUANCE OF THE NEED FOR PARENTAL LEAVE. THE FIRST PAYMENT
 OF BENEFITS SHALL BE DUE ON THE FOURTEENTH DAY  OF  PARENTAL  LEAVE  AND
 BENEFITS  FOR  THAT  PERIOD  SHALL  BE PAID DIRECTLY TO THE EMPLOYEE AND
 THEREAFTER BENEFITS SHALL BE DUE AND PAYABLE BI-WEEKLY IN LIKE MANNER.
   5. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  DIMINISH  THE  RIGHTS,
 PRIVILEGES,  OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE BARGAINING
 AGREEMENT OR EMPLOYMENT CONTRACT.
   § 2. This act shall take effect immediately.