Bill Text: NY S06848 | 2021-2022 | General Assembly | Introduced

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Bill Title: Establishes light duty during pregnancy and parental leave for railroad employees.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO TRANSPORTATION [S06848 Detail]

Download: New_York-2021-S06848-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6848

                               2021-2022 Regular Sessions

                    IN SENATE

                                      May 19, 2021
                                       ___________

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

        AN ACT to amend the railroad law, in relation to establishing light duty
          during pregnancy and parental leave for railroad employees

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

     1    Section 1. The railroad law is amended by adding two new sections 64-a
     2  and 64-b to read as follows:
     3    §  64-a.  Light  duty for employees. 1. Should any employee engaged in
     4  the service of any railroad, including any  commuter  rail  service,  as
     5  defined  by section ninety-seven-a of this article, owned or operated by
     6  a state authority or its subsidiary, as defined by section  two  of  the
     7  public  authorities  law, who is pregnant be prevented by such pregnancy
     8  from performing the activities involved in her regular  assigned  duties
     9  due,  but  is able, as determined by the employee's medical provider, to
    10  perform specified types of light duty, the employer shall make available
    11  such light duty to the employee, provided, however, that such light duty
    12  shall enable her to continue to be entitled to her concurrent assignment
    13  earnings, including increases thereof and fringe benefits, to which  she
    14  would  have  been  entitled  if  she  were  able  to perform her regular
    15  assigned duties.
    16    2. Nothing in this section shall be deemed  to  diminish  the  rights,
    17  privileges,  or remedies of any employee under any collective bargaining
    18  agreement or employment contract.
    19    § 64-b. Parental leave for railroad employees. 1. For purposes of this
    20  section, "parental  leave" shall mean any leave taken by an employee  of
    21  any railroad, including any commuter rail service, as defined by section
    22  ninety-seven-a  of  this article, owned or operated by a state authority
    23  or its subsidiary, as defined by section two of the  public  authorities
    24  law, from work to bond with the employee's child during the first twelve

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10054-01-1
        S. 6848                             2

     1  months  after  the  child's  birth, or the first twelve months after the
     2  placement of the child for adoption or foster care with the employee.
     3    2.  Beginning January first, two thousand twenty-two, railroad employ-
     4  ees in employment for twenty-six or  more  consecutive  weeks  shall  be
     5  eligible for parental leave benefits. Every such employee shall continue
     6  to  be  eligible  for  parental  leave benefits until the termination of
     7  employment with the employer. An employee regularly in the employment of
     8  an employer as described in subdivision one of this section  on  a  work
     9  schedule less than the employer's normal work week shall become eligible
    10  for parental leave benefits on the one hundred seventy-fifth day of such
    11  regular employment. An employee who is eligible for parental leave bene-
    12  fits shall not be deemed, for the purposes of this section, to have such
    13  employment terminated during any period he or she is eligible to receive
    14  benefits under this section with respect to such employment.
    15    3. The weekly benefit for parental leave that occurs on or after Janu-
    16  ary first, two thousand twenty-two, shall not exceed twelve weeks during
    17  any  fifty-two  week calendar period and shall be sixty-seven percent of
    18  the employee's average weekly wage. The entire period of  the  leave  of
    19  absence  granted  pursuant  to this section shall not be charged against
    20  any other leave such employee is otherwise entitled to. Benefits may  be
    21  payable to employees for parental leave taken intermittently or for less
    22  than  a full work week in increments of one full day or one-fifth of the
    23  weekly benefit.
    24    4. Parental leave benefits shall be payable to  an  eligible  employee
    25  for  the  first  full day when parental leave is required and thereafter
    26  during the continuance of the need for parental leave. The first payment
    27  of benefits shall be due on the fourteenth day  of  parental  leave  and
    28  benefits  for  that  period  shall  be paid directly to the employee and
    29  thereafter benefits shall be due and payable bi-weekly in like manner.
    30    5. Nothing in this section shall be deemed  to  diminish  the  rights,
    31  privileges,  or remedies of any employee under any collective bargaining
    32  agreement or employment contract.
    33    § 2. This act shall take effect immediately.