Bill Text: NY A08000 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to the entitlement to unpaid leave of absence for victims of domestic violence; permits victims of domestic violence to take an unpaid leave of absence for twenty days from employment to address on-going domestic violence; defines "address on-going domestic violence"; contains provision to protect the individual's job position and benefits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to labor [A08000 Detail]
Download: New_York-2023-A08000-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8000 2023-2024 Regular Sessions IN ASSEMBLY September 1, 2023 ___________ Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit- tee on Labor AN ACT to amend the labor law, in relation to the entitlement to unpaid leave of absence from employment for victims of domestic violence 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 article 19-E to 2 read as follows: 3 ARTICLE 19-E 4 UNPAID LEAVE OF ABSENCE FOR 5 VICTIMS OF DOMESTIC OR SEXUAL VIOLENCE 6 Section 697-a. Definitions. 7 697-b. Entitlement to leave. 8 697-c. Leave taken intermittently or on reduced leave schedule. 9 697-d. Notice of intention to take leave. 10 697-e. Certification. 11 697-f. Confidentiality. 12 697-g. Restoration to position. 13 697-h. Prohibited acts. 14 697-i. Civil action. 15 697-j. Savings clause. 16 § 697-a. Definitions. As used in this article: 17 1. "Victim of domestic or sexual abuse" shall mean a victim of domes- 18 tic violence, a sex offense, or stalking. 19 2. "Victim of domestic violence" shall mean an individual who is a 20 victim of an act which would constitute a family offense pursuant to 21 subdivision one of section eight hundred twelve of the family court act. 22 3. "Victim of a sex offense" shall mean a victim of an act or acts 23 that would constitute a violation of article one hundred thirty of the 24 penal law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07876-01-3A. 8000 2 1 4. "Victim of stalking" shall mean a victim of an act or acts that 2 would constitute a violation of section 120.45, 120.50, 120.55 or 120.60 3 of the penal law. 4 5. "Employee" shall mean a person who is employed for at least twelve 5 months for not less than one thousand base hours during the immediately 6 preceding twelve month period. 7 6. "Employer" shall mean a person or corporation, partnership, indi- 8 vidual proprietorship, joint venture, firm or company, or other similar 9 legal entity which engages the services of an employee and employs twen- 10 ty-five or more employees for each working day during each of twenty or 11 more calendar work weeks in the then current or immediately preceding 12 calendar year. "Employer" includes the state, any political subdivision 13 thereof, and all public offices, agencies, boards or bodies. 14 § 697-b. Entitlement to leave. Any employee of an employer in the 15 state who is a victim of domestic or sexual violence shall be eligible 16 for twenty days of unpaid leave from their employment during any twelve 17 month period in order to address domestic or sexual violence or ongoing 18 effects of such domestic or sexual violence, including but not limited 19 to: 20 1. seeking medical attention for, or recovering or taking care of the 21 victim's child while the child recovers from, any physical or psycholog- 22 ical injuries caused by the domestic or sexual violence; or 23 2. attending counseling sessions for the victim of domestic or sexual 24 violence or for such victim's child in order to deal with the effects of 25 the domestic or sexual violence; or 26 3. seeking legal assistance including attending court proceedings or 27 meeting or communicating with an attorney or a member of law enforce- 28 ment; or 29 4. seeking services for the victim of domestic or sexual violence or 30 for such victim's child from a residential or non-residential program 31 for victims of domestic or sexual violence; or 32 5. engaging in safety planning, including arranging to relocate and 33 relocating to a temporary or permanent new residence, in order to 34 decrease the risk of future domestic or sexual violence. 35 § 697-c. Leave taken intermittently or on reduced leave schedule. The 36 leave pursuant to section six hundred ninety-seven-b of this article may 37 be taken on a reduced leave schedule or intermittently if the employee 38 and employer agree on the schedule. Taking leave on a reduced leave or 39 intermittent schedule shall not result in a reduction in the amount of 40 total leave a victim of domestic or sexual violence is entitled to in 41 the twelve month period. 42 § 697-d. Notice of intention to take leave. An employee shall provide 43 an employer with reasonable notice of the employee's intention to take 44 leave pursuant to section six hundred ninety-seven-b of this article 45 unless providing such notice is not practicable. When an unscheduled 46 absence occurs, the employer may not take any action against the employ- 47 ee if the employee, within a reasonable period of time after the 48 absence, provides certification as set forth in section six hundred 49 ninety-seven-e of this article. 50 § 697-e. Certification. In order to determine whether the employee is 51 a victim of domestic or sexual violence, the employer may require that 52 the request for leave be supported by one of the following: 53 1. a sworn statement submitted by the victim of domestic or sexual 54 violence describing such victim's need for leave to address the ongoing 55 effects of domestic or sexual violence; orA. 8000 3 1 2. any documentation of the domestic or sexual violence, including 2 police reports, court records, statements from a shelter worker, law 3 enforcement officer, medical worker, counselor, clergy member, attorney 4 or any other professional from whom the employee has sought assistance 5 to address the domestic or sexual violence and its effects; or 6 3. any other corroborating evidence including physical evidence, 7 photographs, or statements from other individuals who are aware of the 8 domestic or sexual violence and its effects. 9 § 697-f. Confidentiality. Any information provided to the employer, 10 including but not limited to information under section six hundred nine- 11 ty-seven-e of this article, describing the domestic or sexual violence 12 in the employee's life and the request to take a leave to address the 13 effects of domestic or sexual violence, shall be kept confidential by 14 the employer. Disclosure shall only be allowed if the employee, in 15 writing, consents to or requests disclosure. 16 § 697-g. Restoration to position. 1. Any employee who takes leave 17 under section six hundred ninety-seven-b of this article, shall be enti- 18 tled to return from such leave and be restored to the same position held 19 by such employee when the leave began or be restored to an equivalent 20 position with equivalent benefits, pay and other terms and conditions of 21 employment. 22 2. The taking of leave under section six hundred ninety-seven-b of 23 this article shall not result in the loss of any employment benefits 24 accrued prior to the date on which the leave began. 25 3. (a) Except as provided in subdivision two of this section, any 26 employee who takes leave under section six hundred ninety-seven-b of 27 this article shall be entitled to continued coverage under any health 28 care benefits plan provided by such person's employer for the duration 29 of the leave. 30 (b) The employer may recover the premium that the employer paid for 31 maintaining coverage under a health benefits plan for the employee enti- 32 tled to leave under section six hundred ninety-seven-b of this article, 33 if: 34 (i) the employee fails to return to such person's employment once the 35 leave has expired; and 36 (ii) the employee fails to return to work for a reason other than: 37 (A) the continuation, recurrence, or onset of domestic or sexual 38 violence that entitles the employee to leave pursuant to this section; 39 or 40 (B) other circumstances beyond the control of the employee. 41 § 697-h. Prohibited acts. 1. Interference with rights. (a) Exercise 42 of rights. It shall be unlawful for any employer to interfere with, 43 restrain, or deny the exercise of or the attempt to exercise any right 44 provided under this article. 45 (b) Employer discrimination. It shall be unlawful for any employer to 46 discharge or harass any individual, or otherwise discriminate against 47 any individual with respect to compensation, terms, conditions, or priv- 48 ileges of employment of the individual (including retaliation in any 49 form or manner) because the individual exercised any right provided 50 under this article or opposed any practice made unlawful by this arti- 51 cle. 52 2. Interference with proceedings or inquiries. It shall be unlawful 53 for any person to discharge or in any other manner discriminate (as 54 described in paragraph (b) of subdivision one of this section) against 55 any individual because such individual:A. 8000 4 1 (a) has filed any charge, or has instituted or caused to be instituted 2 any proceeding, under or related to this article; 3 (b) has given, or is about to give, any information in connection with 4 any inquiry or proceeding relating to any right provided under this 5 article; or 6 (c) has testified, or is about to testify, in any inquiry or proceed- 7 ing relating to any right provided under this article. 8 § 697-i. Civil action. 1. By employee. Any person denied leave or 9 benefits due under this article or aggrieved by an action made unlawful 10 by this article shall have a cause of action in any court of appropriate 11 jurisdiction for damages, including any wages, salary, employment bene- 12 fits or other compensation denied or lost to such individual by reasons 13 of the violation and/or any actual monetary losses sustained by the 14 individual as a direct result of the violation, as well as interest on 15 such amount calculated at the prevailing rate, and such equitable relief 16 as may be appropriate, including employment, reinstatement, and 17 promotion, together with costs and such reasonable attorneys' fees as 18 may be allowed by the court, and if the violation was willful, an addi- 19 tional amount as liquidated damages equal to twenty-five percent of the 20 total of such damages found to be due. 21 2. By commissioner. On behalf of any employee denied leave or benefits 22 due under this article or aggrieved by an action made unlawful by this 23 article, the industrial commissioner may bring a legal action necessary 24 to collect damages due to the violation, and the employer shall be 25 required to pay such damages and if such violation was willful, an addi- 26 tional amount as liquidated damages equal to twenty-five percent of the 27 total of such damages found to be due. 28 3. Limitation of time. Notwithstanding any other provision of law, an 29 action to recover upon liability imposed by this article must be 30 commenced within two years. 31 § 697-j. Savings clause. If any provision of this article or the 32 application thereof to any person, employer, occupation or circumstance 33 is held invalid, the remainder of the article and the application of 34 such provision to other persons, employees, occupations, or circum- 35 stances shall not be affected thereby. 36 § 2. This act shall take effect on the ninetieth day after it shall 37 have become a law.
