Bill Text: NY S06225 | 2021-2022 | General Assembly | Introduced

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Bill Title: Expands the use of sick leave to include bereavement; provides for the use of sick leave for the purposes of bereavement following the unplanned end of an employee's confirmed pregnancy by way of miscarriage or still-birth, following the unplanned end of another person's confirmed pregnancy by way of miscarriage or still-birth if the employee is the person's spouse or partner, the person's former spouse or partner and would have been a biological parent of a child born as the result of the pregnancy, or if the employee is the person's genetic surrogate.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO LABOR [S06225 Detail]

Download: New_York-2021-S06225-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6225

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 15, 2021
                                       ___________

        Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor

        AN ACT to amend the labor law, in relation to expanding the use of  sick
          leave to include bereavement

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

     1    Section 1. Paragraph a of subdivision 4 of section 196-b of the  labor
     2  law,  as added by section 1 of part J of chapter 56 of the laws of 2020,
     3  is amended to read as follows:
     4    a. On and after January first, two thousand twenty-one  and  upon  the
     5  oral  or  written  request  of  an  employee,  an employer shall provide
     6  accrued sick leave for the following purposes:
     7    (i) [for] For a mental or physical illness, injury, or  health  condi-
     8  tion  of  such  employee or such employee's family member, regardless of
     9  whether such illness, injury, or health condition has been diagnosed  or
    10  requires  medical  care  at  the  time  that such employee requests such
    11  leave[;].
    12    (ii) [for] For the diagnosis, care, or treatment of a mental or  phys-
    13  ical illness, injury or health condition of, or need for medical diagno-
    14  sis  of, or preventive care for, such employee or such employee's family
    15  member[; or].
    16    (iii) [for] For an absence from work  due  to  any  of  the  following
    17  reasons  when  the  employee  or  employee's  family member has been the
    18  victim of domestic  violence  pursuant  to  subdivision  thirty-four  of
    19  section  two  hundred ninety-two of the executive law, a family offense,
    20  sexual offense, stalking, or human trafficking:
    21    (a) to obtain services from a domestic violence shelter,  rape  crisis
    22  center, or other services program;
    23    (b)  to  participate  in  safety  planning, temporarily or permanently
    24  relocate, or take other actions to increase the safety of  the  employee
    25  or employee's family members;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10812-02-1
        S. 6225                             2

     1    (c)  to  meet  with  an  attorney or other social services provider to
     2  obtain information and advice on, and prepare for or participate in  any
     3  criminal or civil proceeding;
     4    (d)  to file a complaint or domestic incident report with law enforce-
     5  ment;
     6    (e) to meet with a district attorney's office;
     7    (f) to enroll children in a new school; or
     8    (g) to take any other actions necessary to ensure the health or safety
     9  of the employee or the employee's family member or to protect those  who
    10  associate or work with the employee.
    11    For  purposes  of  this  subdivision,  the  reasons  outlined above in
    12  [subparagraph] clause (a) through (g) must be related  to  the  domestic
    13  violence,  family  offense, sexual offense, stalking, or human traffick-
    14  ing. Provided further that a person  who  has  committed  such  domestic
    15  violence, family offense, sexual offense, stalking, or human trafficking
    16  shall not be eligible for leave under this subdivision for situations in
    17  which  the  person committed such offense and was not a victim, notwith-
    18  standing any family relationship.
    19    (iv) For the purposes of  bereavement, including but  not  limited  to
    20  following  the unplanned end of an employee's confirmed pregnancy by way
    21  of a miscarriage or still-birth or following the unplanned end of anoth-
    22  er person's confirmed pregnancy, by way of a miscarriage or still-birth,
    23  if the employee is the person's  spouse  or  partner,  is  the  person's
    24  former  spouse  or  partner and would have been a biological parent of a
    25  child born as the result of the pregnancy, or is  the  person's  genetic
    26  surrogate  as  such term is defined in section one hundred twenty-one of
    27  the domestic relations law.
    28    § 2. This act shall take effect on the thirtieth day  after  it  shall
    29  have become a law.