Assembly Bill A10270

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10270
 
                           I N  A S S E M B L Y
 
                             February 20, 2026
                                ___________
 
 Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
   Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  providing
   five days of paid leave for menopause
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Paragraph B of subdivision 9 of section 201 of  the  work-
 ers' compensation law, as amended by chapter 352 of the laws of 1981, is
 amended to read as follows:
   B.  "Disability"  also  includes disability caused by or in connection
 with a pregnancy OR MENOPAUSE.
   § 2. Section 201 of the workers' compensation law is amended by adding
 a new subdivision 25 to read as follows:
   25. "MENOPAUSE" INCLUDES SYMPTOMS SUCH AS VASOMOTOR SYMPTOMS INCLUDING
 HOT FLASHES AND NIGHT SWEATS, CHILLS, SLEEP PROBLEMS, HORMONAL/EMOTIONAL
 IMBALANCES, WEIGHT GAIN AND SLOWED METABOLISM.
   § 3. Paragraph (c) of 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 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  FOR  MENOPAUSE
 INCLUDING,  BUT  NOT  LIMITED  TO, MEDICAL ATTENTION FOR ANY PHYSICAL OR
 PSYCHOLOGICAL IMBALANCES, AND SEEKING PHYSICIAN ASSISTANCE IN  ORDER  TO
 DEAL WITH THE EFFECTS OF PRESCRIBED PHARMACEUTICALS.
   §  4. The workers' compensation law is amended by adding a new section
 204-a to read as follows:
   § 204-A. MENOPAUSE LEAVE. IN ADDITION TO ANY LEAVE TAKEN BY  AN  INDI-
 VIDUAL PURSUANT TO SECTION TWO HUNDRED FOUR OF THIS ARTICLE, AN ELIGIBLE
 EMPLOYEE  MAY TAKE AN ADDITIONAL FIVE DAYS A MONTH PAID LEAVE DURING ANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14546-01-6
 A. 10270                            2
 
 FIFTY-TWO-WEEK CALENDAR PERIOD FOR MENOPAUSE. AN  EMPLOYEE  TAKING  PAID
 LEAVE  PURSUANT  TO  THE  PROVISIONS  OF THIS SECTION SHALL OTHERWISE BE
 TREATED AS ANY OTHER COVERED EMPLOYEE FOR THE PURPOSES OF THIS CHAPTER.
   §  5.  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 9  of
 the workers' compensation law.
   § 6. This act shall take effect immediately.