S T A T E O F N E W Y O R K
________________________________________________________________________
8366
2025-2026 Regular Sessions
I N S E N A T E
June 5, 2025
___________
Introduced by Sens. SCARCELLA-SPANTON, ORTT -- read twice and ordered
printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the workers' compensation law, in relation to coverage
for benefits under family leave related to national guard deployment
during a state of emergency
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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 to read as follows:
15. "Family leave" shall mean any leave taken by an employee from
work: (a) to participate in providing care, including physical or
psychological care, for a family member of the employee made necessary
by a serious health condition of the family member; or (b) to bond with
the employee's child during the first twelve months after the child's
birth, or the first twelve months after the placement of the child for
adoption or foster care with the employee; or (c) because of any quali-
fying 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 HAS
BEEN DEPLOYED TO ACTIVE SERVICE AS A MEMBER OF THE NEW YORK NATIONAL
GUARD DUE TO A DECLARED STATE OF EMERGENCY UNDER SECTION TWENTY-EIGHT OF
THE EXECUTIVE LAW OR ACTIVE SERVICE OF THE STATE ORDERED UNDER SECTION
SIX OF THE MILITARY LAW.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11642-02-5