S T A T E O F N E W Y O R K
________________________________________________________________________
1668
2023-2024 Regular Sessions
I N S E N A T E
January 13, 2023
___________
Introduced by Sen. ADDABBO -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to requiring
public employers who opt out of providing paid family leave benefits
to provide parental leave in the alternative
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 212-b of the workers' compensation
law is amended by adding a new paragraph (c) to read as follows:
(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF A
PUBLIC EMPLOYER CHOOSES TO OPT OUT OF PAID FAMILY LEAVE BENEFITS PURSU-
ANT TO PARAGRAPH B OF THIS SUBDIVISION, THEN SUCH PUBLIC EMPLOYER SHALL
BE REQUIRED TO OFFER PARENTAL LEAVE TO ITS EMPLOYEES FOR A PERIOD NOT TO
EXCEED TWELVE WEEKS DURING ANY FIFTY-TWO WEEK CALENDAR PERIOD. EMPLOYERS
SHALL PAY EMPLOYEES ON PARENTAL LEAVE A RATE OF SIXTY-SEVEN PERCENT OF
THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED SIXTY-SEVEN
PERCENT OF THE NEW YORK STATE AVERAGE WEEKLY WAGE IN EFFECT.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04645-01-3