Assembly Bill A8354

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8354
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2023
                                ___________
 
 Introduced  by M. of A. FORREST -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the labor law, in relation  to  requiring  employers  to
   provide paid vacation time
 
   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  196-e  to
 read as follows:
   § 196-E. PAID VACATION. 1. EVERY EMPLOYER SHALL OFFER PAID VACATION TO
 EACH ELIGIBLE EMPLOYEE BASED ON LENGTH OF EMPLOYMENT, AS FOLLOWS:
   A.  AFTER  ONE FULL YEAR OF EMPLOYMENT, EACH EMPLOYEE SHALL BE OFFERED
 UP TO TWO WEEKS OF PAID VACATION;
   B. AFTER THREE FULL  YEARS  OF  EMPLOYMENT,  EACH  EMPLOYEE  SHALL  BE
 OFFERED UP TO THREE WEEKS OF PAID VACATION; AND
   C. AFTER FIVE FULL YEARS OF EMPLOYMENT, EACH EMPLOYEE SHALL BE OFFERED
 UP TO FOUR WEEKS OF PAID VACATION.
   2.  ANY  EMPLOYEE  WORKING AN AVERAGE OF TWENTY HOURS PER WEEK OR MORE
 SHALL BE ELIGIBLE FOR PAID VACATION PURSUANT TO THIS SECTION.
   3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT  OR  PREVENT
 AN EMPLOYER FROM PROVIDING AN AMOUNT OF PAID VACATION WHICH IS IN EXCESS
 OF  THE  REQUIREMENTS  SET  FORTH IN SUBDIVISION ONE OF THIS SECTION, OR
 FROM ADOPTING A PAID LEAVE POLICY THAT PROVIDES ADDITIONAL  BENEFITS  TO
 EMPLOYEES. AN EMPLOYER MAY ELECT TO PROVIDE ITS EMPLOYEES WITH THE TOTAL
 AMOUNT  OF PAID VACATION REQUIRED TO FULFILL ITS OBLIGATIONS PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION AT THE BEGINNING OF THE  CALENDAR  YEAR,
 PROVIDED,  HOWEVER  THAT  NO  EMPLOYER  SHALL  BE PERMITTED TO REDUCE OR
 REVOKE ANY SUCH PAID VACATION BASED ON  THE  NUMBER  OF  HOURS  ACTUALLY
 WORKED  BY  AN EMPLOYEE DURING THE CALENDAR YEAR IF SUCH EMPLOYER ELECTS
 PURSUANT TO THIS SUBDIVISION.
   4. NO EMPLOYER SHALL BE PERMITTED TO PENALIZE ANY EMPLOYEE  FOR  EXER-
 CISING THEIR RIGHT TO VACATION TIME PURSUANT TO THIS SECTION. NO EMPLOY-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13694-01-3
              

 A. 8354                             2
 
 ER  SHALL  BE  PERMITTED  TO  INTIMIDATE AN EMPLOYEE INTO NOT EXERCISING
 THEIR RIGHT TO VACATION TIME UNDER THIS SECTION.
   5.  EMPLOYERS  SHALL  SET  REASONABLE POLICIES AND EXPECTATIONS AROUND
 GRANTING EMPLOYEE VACATION  REQUESTS.  SUCH  POLICIES  MAY  REQUIRE  THE
 EMPLOYEE  TO PROVIDE A CERTAIN AMOUNT OF NOTICE TO THE EMPLOYER PRIOR TO
 THE START OF THE EMPLOYEE'S VACATION TIME; PROVIDED,  HOWEVER,  THAT  NO
 EMPLOYER SHALL REQUIRE MORE THAN FOUR FULL WEEKS PRIOR NOTICE.
   6.  PAID VACATION TIME SHALL BE GRANTED IN CONSECUTIVE DAYS. EMPLOYEES
 ENTITLED TO MORE THAN ONE WEEK OF PAID VACATION TIME SHALL BE  PERMITTED
 TO TAKE SUCH TIME IN NON-CONSECUTIVE WEEKS IF REQUESTED BY THE EMPLOYEE;
 PROVIDED,  HOWEVER, THAT AN EMPLOYER MAY NOT REQUIRE VACATION TIME TO BE
 TAKEN IN NON-CONSECUTIVE WEEKS.
   7. NO EMPLOYER SHALL REQUIRE ANY EMPLOYEE  TO  UNDERTAKE  ANY  ACTION,
 INCLUDING  COMMUNICATION AND CORRESPONDENCE, RELATED TO THEIR EMPLOYMENT
 DURING THE DURATION OF THEIR PAID VACATION TIME.
   8. ANY EMPLOYEE, WITH THE CONSENT OF THEIR  EMPLOYER,  MAY  CHOOSE  TO
 FORGO  THEIR PAID VACATION TIME. ANY EMPLOYEE WHO CHOOSES TO FORGO THEIR
 PAID VACATION TIME SHALL BE PAID AT A  RATE  OF  DOUBLE  THEIR  STANDARD
 WAGES  FOR  A  LENGTH  OF TIME EQUAL TO THE AMOUNT OF PAID VACATION TIME
 SUCH EMPLOYEE WAS ENTITLED TO.  SUCH  PAYMENT  SHALL  BE  PAID  TO  SUCH
 EMPLOYEE BEFORE THE END OF THEIR EMPLOYMENT YEAR.
   § 2. This act shall take effect immediately.