|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 12, 2021||referred to labor|
delivered to assembly
|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|
senate Bill S5065
Current Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5065 (ACTIVE) - Details
- See Assembly Version of this Bill:
- 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
BILL NUMBER: S5065 SPONSOR: PERSAUD TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: The purpose of the bill is to create more flexibility in the workplace for working parents in the event schools are daycares close due to a disaster emergency. SUMMARY OF PROVISIONS: Section 1 adds a new section 202-n to the labor law regarding flexible work arrangements for parents and legal guardians during a state or local disaster emergency.
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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