S T A T E O F N E W Y O R K
________________________________________________________________________
9560
I N A S S E M B L Y
March 20, 2024
___________
Introduced by M. of A. JEAN-PIERRE, SLATER -- read once and referred to
the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to family
leave
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The workers' compensation law is amended by adding a new
section 203-d to read as follows:
§ 203-D. PAID TIME OFF AND LEAVE USE UNDER A COVERED EMPLOYER. UNDER
NO CIRCUMSTANCES MAY A COVERED EMPLOYER REQUIRE AN EMPLOYEE USE PAID
TIME OFF OR ANY OTHER ACCRUED TIME BEFORE USING OR BEING ELIGIBLE TO USE
FAMILY LEAVE AS DEFINED IN SUBDIVISION FIFTEEN OF SECTION TWO HUNDRED
ONE OF THIS ARTICLE.
§ 2. Subdivision 15 of section 201 of the workers' compensation law,
as added by section 2 of part SS of chapter 54 of the laws of 2016, is
amended to read as follows:
15. "Family leave" shall mean any leave taken by an employee from
work: (a) to participate in providing care, including physical or
psychological care, for a family member of the employee made necessary
by a serious health condition of the family member; or (b) to bond with
the employee's child during the first twelve months after the child's
birth, or the first twelve months after the placement of the child for
adoption or foster care with the employee; or (c) because of any quali-
fying exigency as interpreted under the family and medical leave act, 29
U.S.C.S § 2612(a)(1)(e) and 29 C.F.R. S.825.126(a)(1)-(8), arising out
of the fact that the spouse, domestic partner, child, or parent of the
employee is on active duty (or has been notified of an impending call or
order to active duty) in the armed forces of the United States, WHICH
INCLUDES BEING CALLED TO ACTIVE DUTY WITHIN THE CONTIGUOUS UNITED
STATES, HAWAII, ALASKA, OR ANY U.S. TERRITORY.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10782-01-3
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