STATE OF NEW YORK
        ________________________________________________________________________

                                          4352

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 14, 2023
                                       ___________

        Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
          Committee on Labor

        AN ACT to amend the labor law, in relation to allowing leave of  absence
          to employees for HIV testing

          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  202-n  to
     2  read as follows:
     3    § 202-n. Leave of absence for HIV testing granted to employees. 1. For
     4  the purposes of this section, the following terms shall have the follow-
     5  ing meanings:
     6    (a)  "Employee"  means  a person who performs services for hire for an
     7  employer, for an average of twenty or more hours per week, and  includes
     8  all    individuals employed at any site owned or operated by an employer
     9  but shall not include an independent contractor.
    10    (b) "Employer" means a person or entity that employs  twenty  or  more
    11  employees  at at least one site and includes an individual, corporation,
    12  partnership, association,  nonprofit  organization,  group  of  persons,
    13  state,  county,  town,  city, school district, public authority or other
    14  governmental subdivision of any kind.
    15    2. An employer shall either, at its option: (a) grant three  hours  of
    16  leave of absence in any twelve month period to an employee who seeks HIV
    17  testing;  provided that the leave of absence may not exceed three hours,
    18  unless otherwise agreed to by the employer, and  must  comply  with  the
    19  requirements  established  by  the commissioner under subdivision six of
    20  this section; or (b) allow its  employees  without  use  of  accumulated
    21  leave  time  for  HIV  testing during work hours at least two times  per
    22  year at a convenient time and  place  set  by  the  employer,  including
    23  allowing  an  employee  to  participate  in  a  HIV testing drive at the
    24  employee's place of employment.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08958-01-3
        A. 4352                             2

     1    3. An employer shall not retaliate against an employee for  requesting
     2  or obtaining a leave of absence under this section.
     3    4. No employer shall request an employee's HIV test result.
     4    5. This section shall not prevent an employer from providing leave for
     5  HIV  testing  in  addition to leave allowed under any other provision of
     6  law. This section shall not affect an employee's rights with respect  to
     7  any other employee benefit otherwise provided by law.
     8    6. The commissioner is hereby authorized and directed to establish any
     9  necessary  guidelines,  including  requirements  for notice, request and
    10  approval of leave, and documentation, for the timely  implementation  of
    11  the program.
    12    §  2.  This  act shall take effect on the ninetieth day after it shall
    13  have become a law. Effective immediately, the addition, amendment and/or
    14  repeal of any rule or regulation necessary  for  the  implementation  of
    15  this  act  on its effective date are authorized to be made and completed
    16  on or before such effective date.