senate Bill S5065

2021-2022 Legislative Session

Relates to flexible working arrangements for parents and legal guardians when day care centers and schools are closed during a state or local disaster emergency

download bill text pdf

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Current Bill Status - Passed Senate


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

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 12, 2021 referred to labor
delivered to assembly
passed senate
Mar 04, 2021 advanced to third reading
Mar 03, 2021 2nd report cal.
Mar 02, 2021 1st report cal.498
Feb 23, 2021 referred to labor

S5065 (ACTIVE) - Details

See Assembly Version of this Bill:
A8095
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §202-n, Lab L

S5065 (ACTIVE) - Summary

Allows parents and legal guardians to work from home; allows flexible working arrangements during a public health emergency or state or local disaster emergency which closes schools or day care centers; defines terms; creates a rebuttable presumption that an employee can work remotely if such employee has done so for two consecutive pay periods or two weeks (view more) creates a civil penalty for violations.

S5065 (ACTIVE) - Sponsor Memo

S5065 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5065
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to flexible working  arrange-
   ments  for  parents  and  legal  guardians  when  day care centers and
   schools are closed during a state or local disaster emergency

   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. FLEXIBLE WORKING ARRANGEMENTS FOR PARENTS AND LEGAL GUARDIANS
 DURING A STATE OR LOCAL DISASTER EMERGENCY.   1.  DEFINITIONS.  FOR  THE
 PURPOSES OF THIS SECTION:
   (A) "SCHOOL-AGED CHILD" SHALL MEAN A CHILD OR CHILDREN ENROLLED IN 3-K
 OR PRE-KINDERGARTEN THROUGH TWELFTH GRADE.
   (B)  "DAY  CARE-AGED  CHILD" SHALL MEAN A CHILD ENROLLED IN A DAY CARE
 CENTER.
   (C) "PARENT" SHALL MEAN A BIOLOGICAL, FOSTER, OR  ADOPTIVE  PARENT,  A
 LEGAL GUARDIAN, OR OTHER PERSON WHO STANDS IN LOCO PARENTIS TO A SCHOOL-
 AGED CHILD OR CHILDREN.
   (D) "EMPLOYER" SHALL MEAN ALL EMPLOYERS WITHIN THE STATE.
   (E)  "FLEXIBLE  WORKING ARRANGEMENT" SHALL MEAN SHORT-TERM, INTERMEDI-
 ATE, OR LONG-TERM CHANGES IN THE  EMPLOYEE'S  REGULAR  WORKING  ARRANGE-
 MENTS,  INCLUDING  BUT  NOT LIMITED TO, CHANGES IN THE NUMBER OF DAYS OR
 HOURS WORKED, CHANGES IN THE TIME THE EMPLOYEE  ARRIVES  AT  OR  DEPARTS
 FROM  WORK,  REMOTE WORK, OR JOB-SHARING. "FLEXIBLE WORKING ARRANGEMENT"
 SHALL NOT INCLUDE VACATION, ROUTINE SCHEDULING  OF  SHIFTS,  OR  ANOTHER
 FORM OF EMPLOYEE LEAVE.
   (F) "INCONSISTENT WITH BUSINESS OPERATIONS" SHALL MEAN A DETERMINATION
 BY THE EMPLOYER BASED ON THE FOLLOWING CONSIDERATIONS: (I) THE BURDEN ON
 AN  EMPLOYER  OF  UNDUE ADDITIONAL COSTS; (II) A LEGITIMATE OR PRACTICAL
 DETRIMENTAL EFFECT ON AGGREGATE EMPLOYEE MORALE UNRELATED  TO  DISCRIMI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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