Assembly Bill A9109

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9109
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 26, 2025
                                ___________
 
 Introduced  by  M.  of  A.  R. CARROLL  -- read once and referred to the
   Committee on Labor
 
 AN ACT to amend the labor law, in relation  to  establishing  the  "paid
   leave  for immigration hearings act" and allowing the use of paid sick
   leave to prepare for or participate in certain immigration proceedings

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short title.  This act shall be known and may be cited as
 the "paid leave for immigration hearings act".
   § 2. Subdivision 4 of section 196-b of the  labor  law,  as  added  by
 section  1  of  part  J of chapter 56 of the laws of 2020, is amended to
 read as follows:
   4. a. On and after January first, two thousand twenty-one and upon the
 oral or written request  of  an  employee,  an  employer  shall  provide
 accrued sick leave for the following purposes:
   (i)  for  a mental or physical illness, injury, or health condition of
 such employee or such employee's family member,  regardless  of  whether
 such illness, injury, or health condition has been diagnosed or requires
 medical care at the time that such employee requests such leave;
   (ii)  for  the  diagnosis,  care, or treatment of a mental or physical
 illness, injury or health condition of, or need  for  medical  diagnosis
 of,  or  preventive  care  for,  such employee or such employee's family
 member; [or]
   (iii) for an absence from work due to any  of  the  following  reasons
 when  the  employee  or  employee's family member has been the victim of
 domestic violence pursuant to subdivision  thirty-four  of  section  two
 hundred  ninety-two  of  the  executive  law,  a  family offense, sexual
 offense, stalking, or human trafficking:
   (a) to obtain services from a domestic violence shelter,  rape  crisis
 center, or other services program;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13768-01-5
 A. 9109                             2
              

 
   (b)  to  participate  in  safety  planning, temporarily or permanently
 relocate, or take other actions to increase the safety of  the  employee
 or employee's family members;
   (c)  to  meet  with  an  attorney or other social services provider to
 obtain information and advice on, and prepare for or participate in  any
 criminal or civil proceeding;
   (d)  to file a complaint or domestic incident report with law enforce-
 ment;
   (e) to meet with a district attorney's office;
   (f) to enroll children in a new school; or
   (g) to take any other actions necessary to ensure the health or safety
 of the employee or the employee's family member or to protect those  who
 associate or work with the employee[.];
   For  purposes of this [subdivision] SUBPARAGRAPH, the reasons outlined
 above in [subparagraph] CLAUSES (a) through (g) must be related  to  the
 domestic  violence,  family  offense, sexual offense, stalking, or human
 trafficking. Provided further that  a  person  who  has  committed  such
 domestic  violence,  family  offense, sexual offense, stalking, or human
 trafficking shall not be eligible for leave under this  subdivision  for
 situations  in  which  the  person  committed such offense and was not a
 victim, notwithstanding any family relationship; OR
   (IV) FOR PREPARATION OF OR PARTICIPATION IN ANY JUDICIAL  OR  ADMINIS-
 TRATIVE  IMMIGRATION PROCEEDING INVOLVING THE EMPLOYEE OR THE EMPLOYEE'S
 FAMILY MEMBER.
   b. For purposes of this section, "family member" shall mean an employ-
 ee's child, spouse, domestic partner,  parent,  sibling,  grandchild  or
 grandparent; and the child or parent of an employee's spouse or domestic
 partner.  "Parent"  shall  mean  a biological, foster, step- or adoptive
 parent, or a legal guardian of an employee, or a  person  who  stood  in
 loco  parentis when the employee was a minor child. "Child" shall mean a
 biological, adopted or foster child, a legal ward,  or  a  child  of  an
 employee standing in loco parentis.
   §  3.  Paragraph a of subdivision 5 of section 196-b of the labor law,
 as amended by section 1 of part M of chapter 55 of the laws of 2024,  is
 amended to read as follows:
   a. An employer may not require the disclosure of confidential informa-
 tion  relating to a mental or physical illness, injury, or health condi-
 tion of such employee or such employee's family member,  or  information
 relating  to  absence  from  work  due  to  domestic  violence, a sexual
 offense, stalking, or human  trafficking,  OR  INFORMATION  RELATING  TO
 PREPARATION FOR OR PARTICIPATION IN ANY JUDICIAL OR ADMINISTRATIVE IMMI-
 GRATION  PROCEEDING,  as  a  condition  of  providing sick leave or paid
 prenatal personal leave pursuant to this section.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.