NY State Senate Bill 2023-S7965

Current Bill Status - In Senate Committee Labor 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2024	referred to labor

co-Sponsors

2023-S7965 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §§201 & 204, add §204-a, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7723
2019-2020: S5090
2021-2022: S3024

2023-S7965 (ACTIVE) - Summary

Provides that an eligible employee may take two weeks of paid leave through the paid family leave program and an additional two weeks of unpaid leave during any 52 week calendar period as a result of being a victim of domestic or sexual abuse.

2023-S7965 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7965

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to providing
leave for victims of abuse

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide up to four weeks of leave for victims of domestic or sexual
abuse

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one: Amends paragraph (c) of subdivision 15 of section 201 of
the workers' compensation law and adds paragraph (d)to include victims
of domestic or sexual violence.

Section one-a: Amends section 201 of the workers' compensation laby
adding four new subdivisions, 25, 26, 27, and 28.

Section two: Amends section 204 of the workers compensation law by
adding subdivision 3 which delineates the amount of leave and the
percent of wages taken.

Section three: Amends the workers' compensation law to add section 204-a
authorizing two weeks of unpaid leave.

Section four: Authorizes the department of financial services to take
this act in account when determining the maximum contribution for the
paid family leave program.

Section five: Sets the effective date.

 
JUSTIFICATION:

In the United States, intimate partners committed approximately 552,000
violent crimes against women, including 35,690 rapes or sexual assaults,
30,820 robberies, 70,550 aggravated assaults, and 406,530 simple
assaults. Notwithstanding the prevalence of domestic violence across
demographic categories, it is overwhelmingly a crime perpetrated against
women. Women are far more likely than men to be victims of domestic
violence; the rate of intimate partner victimization per 1,000 persons
is 4.3 for women compared with 0.8 for men.

According to Stand for Families free of violence, victims have lost an
estimated, 8 million in paid work days due to domestic violence. As well
as, losing approximately 137 hours of work to due to the violence
subjected to seek medical attention; to seek restraining orders; or to
relocate to a safe place where an abuser cannot find for further victim-
ize them. Other victims are prevented from getting to work when an abus-
er disables or takes the car, sabotages childcare arrangements, cancels
service to or steals a cell phone, or leaves the victim without cash to
use public transportation.

To address these problems a number of states to have passed domestic
violence and or sexual abuse leave laws, which give victims of domestic
violence the right to take time off for certain reasons. New Jersey
signed its Domestic Violence Leave Act into law in October of 2013.
Other states with similar laws include but are not limited to:  Califor-
nia, Colorado, Connecticut, Florida, Hawaii, Illinois, Kansas, Maine,

New Mexico, North Carolina, Oregon, Philadelphia, Rhode Island, Washing-
ton and Washington, D.C.

While state laws providing employment rights for victims of domestic and
sexual violence are not uniform, there is a clear trend toward awarding
medical leave for victims of domestic violence and sexual abuse. It is
time New York provided these victims with greater protections, similar
to those Passed throughout the nation.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S3024 - Referred to Labor

2019-20: S5090A - Passed Senate

2017-18: S7723-A - Recommit to Labor

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that section
three of this act shall take effect on January 1, 2025 and provided,
further, that section two of this act shall take effect on January 1,
2026.

2023-S7965 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7965
 
                             I N  S E N A T E
 
                              January 4, 2024
                                ___________
 
 Introduced  by  Sens. PARKER, LIU -- 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  providing
   leave for victims of abuse
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (c) of subdivision 15 of section 201 of the work-
 ers' compensation law, as added by section 2 of part SS of chapter 54 of
 the laws of 2016, is amended and a new paragraph (d) is added to read as
 follows:
   (c) because of any qualifying 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[.]; OR (D) TO SEEK SERVICES AS A VICTIM OF
 DOMESTIC OR SEXUAL VIOLENCE, INCLUDING,  BUT  NOT  LIMITED  TO,  MEDICAL
 ATTENTION  FROM  ANY PHYSICAL OR PSYCHOLOGICAL INJURIES, ATTENDING COUN-
 SELING SESSIONS IN ORDER TO DEAL WITH  THE  EFFECTS  OF  SUCH  INJURIES,
 SEEKING LEGAL ASSISTANCE INCLUDING ATTENDANCE IN COURT PROCEEDINGS OR TO
 COMMUNICATE WITH AN ATTORNEY, AND SEEKING SERVICES ALLOWING FOR RELOCAT-
 ING TO A PERMANENT OR TEMPORARY RESIDENCE.
   §  1-a.  Section  201  of  the workers' compensation law is amended by
 adding four new subdivisions 25, 26, 27 and 28 to read as follows:
   25. "VICTIM OF DOMESTIC OR SEXUAL ABUSE" MEANS A  VICTIM  OF  DOMESTIC
 VIOLENCE, A SEX OFFENSE, OR STALKING.
   26.  "VICTIM OF DOMESTIC VIOLENCE" MEANS AN INDIVIDUAL WHO IS A VICTIM
 OF AN ACT WHICH WOULD CONSTITUTE A FAMILY OFFENSE PURSUANT  TO  SUBDIVI-
 SION ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT.
   27.  "VICTIM  OF A SEX OFFENSE" MEANS AN INDIVIDUAL WHO IS A VICTIM OF
 AN ACT OR ACTS THAT WOULD CONSTITUTE A VIOLATION OF ARTICLE ONE  HUNDRED
 THIRTY OF THE PENAL LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05978-01-3
 S. 7965                             2

 
   28. "VICTIM OF STALKING" MEANS AN INDIVIDUAL WHO IS A VICTIM OF AN ACT
 OR  ACTS  THAT  WOULD  CONSTITUTE A VIOLATION OF SECTION 120.45, 120.50,
 120.55, OR 120.60 OF THE PENAL LAW.
   § 2. Section 204 of the workers' compensation law is amended by adding
 a new subdivision 3 to read as follows:
   3.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, THE WEEKLY
 BENEFIT FOR FAMILY LEAVE TAKEN PURSUANT TO PARAGRAPH (D) OF  SUBDIVISION
 FIFTEEN  OF SECTION TWO HUNDRED ONE OF THIS ARTICLE SHALL NOT EXCEED TWO
 WEEKS DURING ANY FIFTY-TWO WEEK CALENDAR PERIOD AND SHALL BE SIXTY-SEVEN
 PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY  WAGES  BUT  SHALL  NOT  EXCEED
 SIXTY-SEVEN PERCENT OF THE NEW YORK STATE AVERAGE WEEKLY WAGE.
   §  3. The workers' compensation law is amended by adding a new section
 204-a to read as follows:
   § 204-A. ADDITIONAL UNPAID LEAVE FOR VICTIMS  OF  DOMESTIC  OR  SEXUAL
 ABUSE.  IN ADDITION TO ANY LEAVE TAKEN BY A VICTIM OF DOMESTIC OR SEXUAL
 ABUSE PURSUANT TO SECTION TWO HUNDRED FOUR OF THIS ARTICLE, AN  ELIGIBLE
 EMPLOYEE  MAY  TAKE  AN  ADDITIONAL TWO WEEKS OF UNPAID LEAVE DURING ANY
 FIFTY-TWO WEEK CALENDAR PERIOD. AN EMPLOYEE TAKING UNPAID LEAVE PURSUANT
 TO THE PROVISIONS OF THIS SECTION SHALL  OTHERWISE  BE  TREATED  AS  ANY
 OTHER COVERED EMPLOYEE FOR THE PURPOSES OF THIS CHAPTER.
   §  4.  The department of financial services is authorized to take into
 account the provisions of this act when determining the maximum employee
 contribution for the paid family leave program pursuant to article  nine
 of the workers' compensation law.
   §  5.  This act shall take effect immediately; provided, however, that
 section three of this act shall take  effect  on  January  1,  2025  and
 provided,  further,  that  section  two of this act shall take effect on
 January 1, 2026.

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Senate Bill S7965

Sponsored By

Current Bill Status - In Senate Committee Labor Committee

co-Sponsors

2023-S7965 (ACTIVE) - Details

2023-S7965 (ACTIVE) - Summary

2023-S7965 (ACTIVE) - Sponsor Memo

2023-S7965 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7965

Share this bill

Sponsored By

Kevin S. Parker

Current Bill Status - In Senate Committee Labor Committee

co-Sponsors

Nathalia Fernandez

John C. Liu

2023-S7965 (ACTIVE) - Details

2023-S7965 (ACTIVE) - Summary

2023-S7965 (ACTIVE) - Sponsor Memo

2023-S7965 (ACTIVE) - Bill Text download pdf

Comments