Bill Text: NY A04513 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides that an eligible employee may take two weeks of paid leave through the paid family leave program and an additional two weeks of unpaid leave during any 52 week calendar period as a result of being a victim of domestic or sexual abuse.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2021-02-04 - referred to labor [A04513 Detail]

Download: New_York-2021-A04513-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4513

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2021
                                       ___________

        Introduced  by  M.  of A. DE LA ROSA, REYES -- read once and referred to
          the Committee on Labor

        AN ACT to amend the workers' compensation law, in relation to  providing
          four weeks of leave for victims of abuse

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

     1    Section 1. Paragraph (c) of subdivision 15 of section 201 of the work-
     2  ers' compensation law, as added by section 2 of part SS of chapter 54 of
     3  the laws of 2016, is amended and a new paragraph (d) is added to read as
     4  follows:
     5    (c) because of any qualifying exigency as interpreted under the family
     6  and medical  leave  act,  29  U.S.C.S  §  2612(a)(1)(e)  and  29  C.F.R.
     7  S.825.126(a)(1)-(8),  arising  out of the fact that the spouse, domestic
     8  partner, child, or parent of the employee is on active duty (or has been
     9  notified of an impending call or order to  active  duty)  in  the  armed
    10  forces of the United States[.]; or
    11    (d)  to  seek  services  as  a  victim of domestic or sexual violence,
    12  including, but not limited to, medical attention from  any  physical  or
    13  psychological  injuries,  attending counseling sessions in order to deal
    14  with the effects of such injuries, seeking  legal  assistance  including
    15  attendance  in court proceedings or to communicate with an attorney, and
    16  seeking services allowing for relocating to  a  permanent  or  temporary
    17  residence.
    18    §  1-a.  Section  201  of  the workers' compensation law is amended by
    19  adding four new subdivisions 24, 25, 26 and 27 to read as follows:
    20    24. "Victim of domestic or sexual abuse" means a  victim  of  domestic
    21  violence, a sex offense, or stalking.
    22    25.  "Victim of domestic violence" means an individual who is a victim
    23  of an act which would constitute a family offense pursuant  to  subdivi-
    24  sion one of section eight hundred twelve of the family court act.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07238-01-1
        A. 4513                             2

     1    26.  "Victim  of a sex offense" means an individual who is a victim of
     2  an act or acts that would constitute a violation of article one  hundred
     3  thirty of the penal law.
     4    27. "Victim of stalking" means an individual who is a victim of an act
     5  or  acts  that  would  constitute a violation of section 120.45, 120.50,
     6  120.55, or 120.60 of the penal law.
     7    § 2. Section 204 of the workers' compensation law is amended by adding
     8  a new subdivision 3 to read as follows:
     9    3. Notwithstanding any provision of law to the  contrary,  the  weekly
    10  benefit  for family leave taken pursuant to paragraph (d) of subdivision
    11  fifteen of section two hundred one of this article shall not exceed  two
    12  weeks during any fifty-two week calendar period and shall be sixty-seven
    13  percent  of  the  employee's  average  weekly wages but shall not exceed
    14  sixty-seven percent of the New York state average weekly wage.
    15    § 3. The workers' compensation law is amended by adding a new  section
    16  204-a to read as follows:
    17    §  204-a.  Additional  unpaid  leave for victims of domestic or sexual
    18  abuse. In addition to any leave taken by a victim of domestic or  sexual
    19  abuse  pursuant to section two hundred four of this article, an eligible
    20  employee may take an additional two weeks of  unpaid  leave  during  any
    21  fifty-two week calendar period. An employee taking unpaid leave pursuant
    22  to  the  provisions  of  this  section shall otherwise be treated as any
    23  other covered employee for the purposes of this chapter.
    24    § 4. The department of financial services is authorized to  take  into
    25  account the provisions of this act when determining the maximum employee
    26  contribution  for the paid family leave program pursuant to article nine
    27  of the workers' compensation law.
    28    § 5. This act shall take effect immediately; provided,  however,  that
    29  section  three  of  this  act  shall  take effect on January 1, 2023 and
    30  provided, further, that section two of this act  shall  take  effect  on
    31  January 1, 2024.