S T A T E O F N E W Y O R K
________________________________________________________________________
6225
2021-2022 Regular Sessions
I N S E N A T E
April 15, 2021
___________
Introduced by Sen. BIAGGI -- 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 expanding the use of sick
leave to include bereavement
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph a of subdivision 4 of section 196-b of the labor
law, as added by section 1 of part J of chapter 56 of the laws of 2020,
is amended to read as follows:
a. On and after January first, two thousand twenty-one and upon the
oral or written request of an employee, an employer shall provide
accrued sick leave for the following purposes:
(i) [for] FOR a mental or physical illness, injury, or health condi-
tion of such employee or such employee's family member, regardless of
whether such illness, injury, or health condition has been diagnosed or
requires medical care at the time that such employee requests such
leave[;].
(ii) [for] FOR the diagnosis, care, or treatment of a mental or phys-
ical illness, injury or health condition of, or need for medical diagno-
sis of, or preventive care for, such employee or such employee's family
member[; or].
(iii) [for] FOR an absence from work due to any of the following
reasons when the employee or employee's family member has been the
victim of domestic violence pursuant to subdivision thirty-four of
section two hundred ninety-two of the executive law, a family offense,
sexual offense, stalking, or human trafficking:
(a) to obtain services from a domestic violence shelter, rape crisis
center, or other services program;
(b) to participate in safety planning, temporarily or permanently
relocate, or take other actions to increase the safety of the employee
or employee's family members;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10812-02-1
S. 6225 2
(c) to meet with an attorney or other social services provider to
obtain information and advice on, and prepare for or participate in any
criminal or civil proceeding;
(d) to file a complaint or domestic incident report with law enforce-
ment;
(e) to meet with a district attorney's office;
(f) to enroll children in a new school; or
(g) to take any other actions necessary to ensure the health or safety
of the employee or the employee's family member or to protect those who
associate or work with the employee.
For purposes of this subdivision, the reasons outlined above in
[subparagraph] CLAUSE (a) through (g) must be related to the domestic
violence, family offense, sexual offense, stalking, or human traffick-
ing. Provided further that a person who has committed such domestic
violence, family offense, sexual offense, stalking, or human trafficking
shall not be eligible for leave under this subdivision for situations in
which the person committed such offense and was not a victim, notwith-
standing any family relationship.
(IV) FOR THE PURPOSES OF BEREAVEMENT, INCLUDING BUT NOT LIMITED TO
FOLLOWING THE UNPLANNED END OF AN EMPLOYEE'S CONFIRMED PREGNANCY BY WAY
OF A MISCARRIAGE OR STILL-BIRTH OR FOLLOWING THE UNPLANNED END OF ANOTH-
ER PERSON'S CONFIRMED PREGNANCY, BY WAY OF A MISCARRIAGE OR STILL-BIRTH,
IF THE EMPLOYEE IS THE PERSON'S SPOUSE OR PARTNER, IS THE PERSON'S
FORMER SPOUSE OR PARTNER AND WOULD HAVE BEEN A BIOLOGICAL PARENT OF A
CHILD BORN AS THE RESULT OF THE PREGNANCY, OR IS THE PERSON'S GENETIC
SURROGATE AS SUCH TERM IS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE OF
THE DOMESTIC RELATIONS LAW.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.