Assembly Bill A2438

2023-2024 Legislative Session

Entitles employees 45 years of age or older to take one day every ten years to undergo a colonoscopy

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A2438 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §202-n, Lab L
Versions Introduced in Other Legislative Sessions:
2019-2020: A5958
2021-2022: A5147

2023-A2438 (ACTIVE) - Summary

Entitles employees 45 years of age or older to take one day off every ten years to undergo a colonoscopy.

2023-A2438 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2438
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by  M.  of  A. PAULIN, BRONSON, COLTON, CRUZ, SIMON, SAYEGH,
   STECK -- Multi-Sponsored by -- M. of A. COOK -- read once and referred
   to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to providing  employees  with
   one day off every ten years to undergo a colonoscopy

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title.  This act shall be known and may be  cited  as
 "45 saves lives".
   § 2. The labor law is amended by adding a new section 202-n to read as
 follows:
   §  202-N.  LEAVE  OF ABSENCE FOR COLONOSCOPIES. 1. FOR THE PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "EMPLOYEE" MEANS A PERSON WHO PERFORMS SERVICES FOR  HIRE  FOR  AN
 EMPLOYER,  FOR AN AVERAGE OF TWENTY OR MORE HOURS PER WEEK, AND INCLUDES
 ALL INDIVIDUALS EMPLOYED AT ANY SITE OWNED OR OPERATED  BY  AN  EMPLOYER
 BUT SHALL NOT INCLUDE AN INDEPENDENT CONTRACTOR.
   (B)  "EMPLOYER"  MEANS  A PERSON OR ENTITY THAT EMPLOYS TWENTY OR MORE
 EMPLOYEES AT AT LEAST ONE SITE AND INCLUDES AN INDIVIDUAL,  CORPORATION,
 PARTNERSHIP,  ASSOCIATION,  NONPROFIT  ORGANIZATION,  GROUP  OF PERSONS,
 STATE, COUNTY, TOWN, CITY, SCHOOL DISTRICT, PUBLIC  AUTHORITY  OR  OTHER
 GOVERNMENTAL SUBDIVISION OF ANY KIND.
   2. AN EMPLOYER SHALL GRANT ONE DAY OF LEAVE OF ABSENCE EVERY TEN YEARS
 TO  ALL  EMPLOYEES  FORTY-FIVE  YEARS  OF AGE OR OLDER IN ORDER FOR SUCH
 EMPLOYEE TO UNDERGO A COLONOSCOPY.
   3. AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR  REQUESTING
 OR OBTAINING A LEAVE OF ABSENCE AUTHORIZED PURSUANT TO THIS SECTION.
   4.  THIS SECTION SHALL NOT AFFECT AN EMPLOYEE'S RIGHTS WITH RESPECT TO
 ANY OTHER EMPLOYEE BENEFIT OTHERWISE PROVIDED BY LAW.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05190-01-3

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