Bill Text: NY A02438 | 2023-2024 | General Assembly | Introduced

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Bill Title: Entitles employees 45 years of age or older to take one day off every ten years to undergo a colonoscopy.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced) 2024-01-03 - referred to labor [A02438 Detail]

Download: New_York-2023-A02438-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2438

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 26, 2023
                                       ___________

        Introduced  by  M.  of  A. PAULIN, BRONSON, COLTON, CRUZ, SIMON, SAYEGH,
          STECK -- Multi-Sponsored by -- M. of A. COOK -- read once and referred
          to the Committee on Labor

        AN ACT to amend the labor law, in relation to providing  employees  with
          one day off every ten years to undergo a colonoscopy

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

     1    Section 1. Short title.  This act shall be known and may be  cited  as
     2  "45 saves lives".
     3    § 2. The labor law is amended by adding a new section 202-n to read as
     4  follows:
     5    §  202-n.  Leave  of absence for colonoscopies. 1. For the purposes of
     6  this section, the following terms shall have the following meanings:
     7    (a) "Employee" means a person who performs services for  hire  for  an
     8  employer,  for an average of twenty or more hours per week, and includes
     9  all individuals employed at any site owned or operated  by  an  employer
    10  but shall not include an independent contractor.
    11    (b)  "Employer"  means  a person or entity that employs twenty or more
    12  employees at at least one site and includes an individual,  corporation,
    13  partnership,  association,  nonprofit  organization,  group  of persons,
    14  state, county, town, city, school district, public  authority  or  other
    15  governmental subdivision of any kind.
    16    2. An employer shall grant one day of leave of absence every ten years
    17  to  all  employees  forty-five  years  of age or older in order for such
    18  employee to undergo a colonoscopy.
    19    3. An employer shall not retaliate against an employee for  requesting
    20  or obtaining a leave of absence authorized pursuant to this section.
    21    4.  This section shall not affect an employee's rights with respect to
    22  any other employee benefit otherwise provided by law.
    23    § 3. This act shall take effect on the ninetieth day  after  it  shall
    24  become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05190-01-3