NY State Senate Bill 2025-S3908

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2025	referred to labor

2025-S3908 (ACTIVE) - Details

See Assembly Version of this Bill:: A1940
Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §201, add §204-a, Work Comp L
Versions Introduced in 2023-2024 Legislative Session:: S202, A5857

2025-S3908 (ACTIVE) - Summary

Relates to providing four days of paid leave for menstrual complications and menopause.

2025-S3908 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3908

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to providing
four days of paid leave for menstrual complications and menopause

 
PURPOSE:

 
SUMMARY OF PROVISIONS:

Section 1: Short Title. This act shall be known and may be cited as the
"New York Menstrual And Menopause Act"

Section 2: Paragraph B of subdivision 9 of section 201 of the workers'
compensation law, as amended by chapter 352 of the laws of 1981, is
amended

Section 3: Section 201 of the workers' compensation law is amended by
adding two new subdivisions 25 and 26.

Section 4: Paragraph (c) of subdivision 15 of section 201 of the work-
ers' compensation law, as added by section 2 part SS of chapter 54 of
the laws of 2016, is amended and a new paragraph (d) is added

Section 5: The workers' compensation law is amended by adding a new
section 204-a

Section 6: 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.

Section 7: This act shall take effect immediately

 
JUSTIFICATION:

Menstruation and menopause mark the beginning and end of a woman's
reproductive cycle. Due to moderate to severe side effects.such as
menorrhagia and vasomotor, the health and care of menstruators during
this stage requires special attention. The duration of a typical
menstrual cycle is three to seven days a month, but could last for a
longer time. Now imagine attempting to concentrate at work during this
time, while dealing with the severe agony of dysmenorrhea (severe abdo-
minal cramping. Perhaps you are trying to give a presentation during a
meeting and you all of a sudden break out into a sweat because you are
having a severe case of vasomotor (Hot flash). These and many other side
effects can be unthinkable prospects for some menstruators.

Some unspoken side effects of a menstruator's menstrual cycle and meno-
pause that menstruators are dealing with during an average workday can
be vaginal infections, fibroids, hypothyroidism, endometriosis and
hormonal disruption, and Polycystic ovary syndrome (PCOS). All of which
are conditions that can be triggered by monthly irregularity.

With the addition of hormones to our food supply, there has been a rise
in the average age at which menstruators begin their menstrual cycles
and become perimenopausal. Despite the widespread public outcry regard-
ing reproductive difficulties, discussions around menstruation and meno-
pause are relatively taboo, particularly in the workplace. Menstruators
should not have to fear loss of employment or retaliation when needing
time off to cope with adverse effects of their reproductive cycle. This
bill will allow an individual 4 days of paid menstrual and menopause
leave through Family and Medical Leave Act (FMLA). The allowance of this
leave is for individuals to deal with the severe physical and mental
symptoms of their menstrual cycle and/or menopause.

 
LEGISLATIVE HISTORY:

2023-24: S202A- REFERRED TO LABOR

2023: New bill

 
FISCAL IMPLICATIONS:

Unknown if any

 
EFFECTIVE DATE:
This act shall take effect immediately

2025-S3908 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3908
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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
   four days of paid leave for menstrual complications and menopause
 
   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 "New York menstrual and menopause act".
   §  2.  Paragraph  B  of  subdivision  9 of section 201 of the workers'
 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 MENSTRUAL COMPLICATIONS OR MENOPAUSE.
   § 3. Section 201 of the workers' compensation law is amended by adding
 two new subdivisions 25 and 26 to read as follows:
   25.  "MENSTRUAL  COMPLICATIONS"  INCLUDES  HYPOTHYROIDISM,   FIBROIDS,
 MENORRHAGIA, ENDOMETRIOSIS, AND POLYCYSTIC OVARY SYNDROME (PCOS).
   26. "MENOPAUSE" INCLUDES SYMPTOMS SUCH AS VASOMOTOR SYMPTOMS INCLUDING
 HOT FLASHES AND NIGHT SWEATS, CHILLS, SLEEP PROBLEMS, HORMONAL/EMOTIONAL
 IMBALANCES, WEIGHT GAIN AND SLOWED METABOLISM.
   §  4.  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 MENSTRUAL
 COMPLICATIONS AND MENOPAUSE  INCLUDING,  BUT  NOT  LIMITED  TO,  MEDICAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02447-01-5

 S. 3908                             2
 
 ATTENTION  FOR  ANY  PHYSICAL  OR  PSYCHOLOGICAL IMBALANCES, AND SEEKING
 PHYSICIAN ASSISTANCE IN ORDER TO DEAL WITH  THE  EFFECTS  OF  PRESCRIBED
 PHARMACEUTICALS.
   §  5. The workers' compensation law is amended by adding a new section
 204-a to read as follows:
   § 204-A. MENSTRUAL COMPLICATIONS AND MENOPAUSE LEAVE. IN  ADDITION  TO
 ANY LEAVE TAKEN BY AN INDIVIDUAL PURSUANT TO SECTION TWO HUNDRED FOUR OF
 THIS  ARTICLE,  AN  ELIGIBLE EMPLOYEE MAY TAKE AN ADDITIONAL FOUR DAYS A
 MONTH PAID LEAVE DURING ANY FIFTY-TWO-WEEK CALENDAR PERIOD FOR MENSTRUAL
 COMPLICATIONS AND 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.
   § 6. 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.
   § 7. This act shall take effect immediately.

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Senate Bill S3908

Sponsored By

Current Bill Status - In Senate Committee Labor Committee

Actions

2025-S3908 (ACTIVE) - Details

2025-S3908 (ACTIVE) - Summary

2025-S3908 (ACTIVE) - Sponsor Memo

2025-S3908 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kevin S. Parker

Current Bill Status - In Senate Committee Labor Committee

Actions

2025-S3908 (ACTIVE) - Details

2025-S3908 (ACTIVE) - Summary

2025-S3908 (ACTIVE) - Sponsor Memo

2025-S3908 (ACTIVE) - Bill Text download pdf

Comments