Assembly Bill A9071

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9071
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             September 5, 2025
                                ___________
 
 Introduced by M. of A. VALDEZ -- read once and referred to the Committee
   on Labor
 
 AN  ACT to amend the workers' compensation law, in relation to including
   certain persons engaged in a professional or teaching capacity  in  or
   for  a  religious,  charitable or educational institution as employees
   for purposes of eligibility for paid family leave

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  opening paragraph of subdivision 5 of section 201 of
 the workers' compensation law, as amended by chapter 481 of the laws  of
 2010, is amended to read as follows:
   "Employee" means a person engaged in the service of an employer in any
 employment  defined  in  subdivision six of this section, except a minor
 child of the employer, except a duly ordained, commissioned, or licensed
 minister, priest or rabbi, a sexton,  a  christian  science  reader,  or
 member  of  a  religious order, or an executive officer of a corporation
 who at all times during the period involved owns all of the  issued  and
 outstanding stock of the corporation and holds all of the offices pursu-
 ant  to  paragraph  (e) of section seven hundred fifteen of the business
 corporation law or two executive officers of a corporation  who  at  all
 times  during the period involved between them own all of the issued and
 outstanding  stock  of  such  corporation  and  hold  all  such  offices
 provided,  however,  that  each  officer  must own at least one share of
 stock, except as provided in section two hundred twelve of this article,
 or an executive officer of  an  incorporated  religious,  charitable  or
 educational  institution, or persons engaged in a professional or teach-
 ing capacity in or for a religious, charitable or  educational  institu-
 tion,  or  volunteers  in  or for a religious, charitable or educational
 institution, or persons participating in  and  receiving  rehabilitative
 services  in a sheltered workshop operated by a religious, charitable or
 educational institution under a certificate issued by the United  States

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13641-01-5
              

 A. 9071                             2
 
 department of labor, or recipients of charitable aid from a religious or
 charitable  institution who perform work in or for the institution which
 is incidental to or in return for the aid conferred, and  not  under  an
 express  contract  of hire; PROVIDED, HOWEVER, THAT PERSONS ENGAGED IN A
 PROFESSIONAL OR TEACHING CAPACITY IN OR FOR A RELIGIOUS,  CHARITABLE  OR
 EDUCATIONAL INSTITUTION SHALL BE DEEMED EMPLOYEES FOR PURPOSES OF FAMILY
 LEAVE  PURSUANT  TO  THIS ARTICLE.   The terms "religious, charitable or
 educational institution" mean a corporation, unincorporated association,
 community chest, fund or foundation organized and  operated  exclusively
 for  religious,  charitable  or educational purposes, no part of the net
 earnings of which inure to the benefit of  any  private  shareholder  or
 individual.
   § 2. This act shall take effect immediately.