Bill Text: NY A01835 | 2023-2024 | General Assembly | Introduced

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Bill Title: Allows employees to use dysmenorrhea as a reason for use of sick leave.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to labor [A01835 Detail]

Download: New_York-2023-A01835-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1835

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Labor

        AN ACT to amend the labor law, in relation to dysmenorrhea  and  use  of
          sick leave

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The labor law is amended by adding a new section 19 to read
     2  as follows:
     3    § 19. Sick leave; dysmenorrhea. 1. For purposes of this section:
     4    (a) "employer" means a state agency, an office or department,  a  unit
     5  of local government, a school district, an individual, a partnership, an
     6  association,  a  corporation  or a nonprofit organization, which employs
     7  one or more employees in the state of New York;
     8    (b) "dysmenorrhea" means  painful  menstruation,  typically  involving
     9  abdominal cramps; and
    10    (c)  "sick  leave"  shall  not  include  any benefit provided under an
    11  employee welfare benefit plan subject to the federal Employee Retirement
    12  Income Security Act of 1974 and shall not include any insurance benefit,
    13  workers'  compensation  benefit,  unemployment  compensation  disability
    14  benefit, or benefit not payable from the employer.
    15    2. Any employee working for an employer, which provides sick leave for
    16  its  employees, shall be entitled to utilize such employee's accrued and
    17  available sick leave as a result of suffering  from  dysmenorrhea.  Such
    18  leave may be taken in either full day or partial day increments.
    19    3.  Except  as  otherwise  provided  pursuant  to  a  valid collective
    20  bargaining agreement, an employer who provides sick leave for  employees
    21  shall  permit  an  employee to use in any calendar year, such employee's
    22  accrued and available sick leave pursuant to this section.
    23    § 2. Nothing in this act shall be construed  to  impede,  infringe  or
    24  diminish  the rights and benefits which accrue to employees through bona
    25  fide collective bargaining agreements, or otherwise diminish the  integ-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06666-01-3
        A. 1835                             2

     1  rity  of  existing collective bargaining agreements and other past prac-
     2  tices.
     3    § 3. This act shall take effect on the one hundred twentieth day after
     4  it shall have become a law; provided however, the provisions of this act
     5  shall  not  supersede  any  collective  bargaining agreement, during its
     6  term, in existence on the effective date of this act.