Senate Bill S1968

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1968
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the workers' compensation law,  in  relation  to  family
   medical leave and military families
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 15 of section 201 of the workers'  compensation
 law, as added by section 2 of part SS of chapter 54 of the laws of 2016,
 is amended to read as follows:
   15.  "Family  leave"  shall  mean  any leave taken by an employee from
 work:   (a) to participate in  providing  care,  including  physical  or
 psychological  care,  for a family member of the employee made necessary
 by a serious health condition of the family member; or (b) to bond  with
 the  employee's  child  during the first twelve 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; or (c) because of any quali-
 fying exigency [as interpreted under the family and medical  leave  act,
 29  U.S.C.S  § 2612(a)(1)(e) and 29 C.F.R. S.825.126(a)(1)-(8),] arising
 out of the fact that the spouse, domestic partner, child, or  parent  of
 the  employee  is  on  active duty (or has been notified of an impending
 call or order to active duty) in the armed forces of the United States.
   § 2. Subdivision 3 of section 212-b of the workers' compensation  law,
 as  added by section 14 of part SS of chapter 54 of the laws of 2016, is
 amended to read as follows:
   3. (a) An employee organization may, pursuant to  collective  bargain-
 ing,  opt  in  to  paid  family leave benefits on behalf of those public
 employees it is either certified or recognized to represent, within  the
 meaning  of  article  fourteen of the civil service law. Nothing in this
 section shall prohibit an agreement to  opt  in  to  paid  family  leave
 between  the  employee organization and any public employer. An employee
 organization that has opted in to paid family leave benefits may, pursu-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03667-01-1

 S. 1968                             2
 
 ant to collective bargaining, opt out of it as is mutually  agreed  upon
 between the employee organization and any public employer.
   [b.]  (B)  For public employees who are not represented by an employee
 organization, the public employer may opt-in to paid family leave  bene-
 fits  within ninety days notice to such public employees. Following opt-
 in by a public employer for  public  employees  not  represented  by  an
 employee  organization,  the  public employer may opt-out of paid family
 leave benefits with twelve months notice to those public employees.
   (C) (I) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, EVERY EMPLOYER
 SHALL PROVIDE PAID FAMILY LEAVE BENEFITS TO THE SPOUSE,  DOMESTIC  PART-
 NER, CHILD, OR PARENT OF THE EMPLOYEE WHO IS ON ACTIVE DUTY (OR HAS BEEN
 NOTIFIED  OF  AN  IMPENDING  CALL  OR ORDER TO ACTIVE DUTY) IN THE ARMED
 FORCES, NATIONAL GUARD OR RESERVES IN  ACCORDANCE  WITH  THE  APPLICABLE
 PROVISIONS OF THIS ARTICLE.
   (II)  A  COVERED  SERVICEMEMBER  OR  VETERAN IS AN ELIGIBLE EMPLOYEE'S
 SPOUSE, PARENT, SON, DAUGHTER, OR NEXT OF KIN WHO IS  A  MEMBER  OF  THE
 ARMED  FORCES,  NATIONAL  GUARD  OR  RESERVES, WHO IS UNDERGOING MEDICAL
 TREATMENT, RECUPERATION, OR THERAPY, IS OTHERWISE IN OUTPATIENT  STATUS,
 OR  IS OTHERWISE ON THE TEMPORARY DISABILITY RETIRED LIST, FOR A SERIOUS
 INJURY OR ILLNESS THAT WAS INCURRED BY THE MEMBER IN THE LINE OF DUTY ON
 ACTIVE DUTY IN THE ARMED FORCES (OR EXISTED BEFORE THE BEGINNING OF  THE
 MEMBER'S  ACTIVE  DUTY AND WAS AGGRAVATED BY SERVICE IN THE LINE OF DUTY
 ON ACTIVE DUTY IN THE ARMED FORCES); OR  A  VETERAN  WHO  IS  UNDERGOING
 MEDICAL  TREATMENT,  RECUPERATION,  OR  THERAPY  FOR A SERIOUS INJURY OR
 ILLNESS AND WHO WAS A MEMBER OF THE ARMED FORCES (INCLUDING A MEMBER  OF
 THE  NATIONAL  GUARD  OR RESERVES) AT ANY TIME DURING THE PERIOD OF FIVE
 YEARS PRECEDING THE DATE ON WHICH THE  VETERAN  UNDERGOES  THAT  MEDICAL
 TREATMENT, RECUPERATION, OR THERAPY.  LEAVE IS AVAILABLE ON AN INTERMIT-
 TENT BASIS, AS NECESSARY.
   (III)  ELIGIBLE  EMPLOYEES ARE ALLOWED UP TO TWENTY-SIX WEEKS OF LEAVE
 IN A SINGLE TWELVE-MONTH PERIOD PER COVERED SERVICEMEMBER OR VETERAN PER
 INJURY. THE TWELVE-MONTH PERIOD MUST BE MEASURED FORWARD FROM THE  START
 DATE  OF  THE FIRST USE OF MILITARY CAREGIVER LEAVE.  ADDITIONAL PERIODS
 OF UP TO TWENTY-SIX WEEKS OF LEAVE MAY BE TAKEN  IN  SUBSEQUENT  TWELVE-
 MONTH  PERIODS  TO  CARE  FOR A DIFFERENT SERVICEMEMBER OR VETERAN OR TO
 CARE FOR THE SAME SERVICEMEMBER OR VETERAN WHO HAS A SUBSEQUENT  SERIOUS
 ILLNESS OR INJURY. A HUSBAND AND WIFE, WHO ARE BOTH EMPLOYED BY THE SAME
 PUBLIC  EMPLOYER, ARE LIMITED TO A COMBINED TWENTY-SIX WEEKS OF MILITARY
 CAREGIVER LEAVE IN A SINGLE TWELVE-MONTH  PERIOD  PER  SERVICEMEMBER  OR
 VETERAN, PER INJURY.
   (IV)  AN  EMPLOYEE  ORGANIZATION  REPRESENTING  SUCH EMPLOYEES MAY NOT
 OPT-OUT OF SUCH COVERAGE PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT.
   § 3. This act shall take effect immediately.