Bill Text: NY S03821 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the eligibility for New York state paid family leave benefits by persons engaged in a teaching capacity in a religious institution.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-05-13 - ADVANCED TO THIRD READING [S03821 Detail]

Download: New_York-2019-S03821-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3821
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 15, 2019
                                       ___________
        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor
        AN ACT to amend the workers' compensation law, in relation to  eligibil-
          ity  for  New York state paid family leave benefits by persons engaged
          in a teaching capacity in a religious institution
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Group  18  of  subdivision 1 of section 3 of the workers'
     2  compensation law, as amended by chapter 260 of  the  laws  of  1972,  is
     3  amended to read as follows:
     4    Group 18. All other employments, except persons engaged in a [teaching
     5  or]  nonmanual capacity in or for a religious, charitable or educational
     6  institution, notwithstanding the definition of employment in subdivision
     7  five of section two, not hereinbefore  enumerated,  carried  on  by  any
     8  person,  firm  or corporation in which there are engaged or employed one
     9  or more employees regularly, in the same business or  in  or  about  the
    10  same establishment either upon the premises or at the plant or away from
    11  the  plant  of  the  employer,  under  any  contract of hire, express or
    12  implied, oral or written, except farm laborers and domestics other  than
    13  those  within the coverage of this chapter pursuant to groups fourteen-b
    14  and twelve respectively of this subdivision,  unless  the  employer  has
    15  elected  to  bring such employees under the law by securing compensation
    16  in accordance with the terms  of  section  fifty  of  this  chapter  and
    17  persons  engaged in voluntary service not under contract of hire. A duly
    18  ordained, commissioned or licensed minister, priest or rabbi, a  sexton,
    19  a  christian science reader, or a member of a religious order, shall not
    20  be deemed to be employed or engaged in employment  under  the  terms  of
    21  this  section. Recipients of charitable aid from a religious or charita-
    22  ble institution who perform work in or  for  the  institution  which  is
    23  incidental  to  or  in  return  for the aid conferred, and not under any
    24  express contract of hire, shall not be deemed to be employed or  engaged
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06039-01-9

        S. 3821                             2
     1  in  employment  under  the  terms  of  this section. All persons who are
     2  members of a supervised amateur athletic activity operated on a non-pro-
     3  fit basis shall not be deemed to be employed or  engaged  in  employment
     4  under the terms of this section, provided that said members are not also
     5  otherwise engaged or employed by any person, firm or corporation partic-
     6  ipating  in  said athletic activity. The terms "religious, charitable or
     7  educational institution" mean a corporation, unincorporated association,
     8  community chest, fund or foundation organized and  operated  exclusively
     9  for  religious,  charitable  or educational purposes, no part of the net
    10  earnings of which inure to the benefit of  any  private  shareholder  or
    11  individual.
    12    §  2.  The  opening  paragraph  of subdivision 5 of section 201 of the
    13  workers' compensation law, as amended by chapter  481  of  the  laws  of
    14  2010, is amended to read as follows:
    15    "Employee" means a person engaged in the service of an employer in any
    16  employment  defined  in  subdivision six of this section, except a minor
    17  child of the employer, except a duly ordained, commissioned, or licensed
    18  minister, priest or rabbi, a sexton,  a  christian  science  reader,  or
    19  member  of  a  religious order, or an executive officer of a corporation
    20  who at all times during the period involved owns all of the  issued  and
    21  outstanding stock of the corporation and holds all of the offices pursu-
    22  ant  to  paragraph  (e) of section seven hundred fifteen of the business
    23  corporation law or two executive officers of a corporation  who  at  all
    24  times  during the period involved between them own all of the issued and
    25  outstanding  stock  of  such  corporation  and  hold  all  such  offices
    26  provided,  however,  that  each  officer  must own at least one share of
    27  stock, except as provided in section two hundred twelve of this article,
    28  or an executive officer of  an  incorporated  religious,  charitable  or
    29  educational institution, or persons engaged in a professional [or teach-
    30  ing]  capacity in or for a religious, charitable or educational institu-
    31  tion, or volunteers in or for a  religious,  charitable  or  educational
    32  institution,  or  persons  participating in and receiving rehabilitative
    33  services in a sheltered workshop operated by a religious, charitable  or
    34  educational  institution under a certificate issued by the United States
    35  department of labor, or recipients of charitable aid from a religious or
    36  charitable institution who perform work in or for the institution  which
    37  is  incidental  to  or in return for the aid conferred, and not under an
    38  express contract of hire. The terms  "religious,  charitable  or  educa-
    39  tional  institution"  mean  a  corporation,  unincorporated association,
    40  community chest, fund or foundation organized and  operated  exclusively
    41  for  religious,  charitable  or educational purposes, no part of the net
    42  earnings of which inure to the benefit of  any  private  shareholder  or
    43  individual.
    44    §  3.  This  act shall take effect on the thirtieth day after it shall
    45  have become a law.
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