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.