Bill Text: NY S07965 | 2023-2024 | General Assembly | Introduced
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 3-0)
Status: (Introduced) 2024-01-04 - REFERRED TO LABOR [S07965 Detail]
Download: New_York-2023-S07965-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7965 IN SENATE January 4, 2024 ___________ Introduced by Sens. PARKER, LIU -- 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 providing 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 (d) to seek services as a victim of 11 domestic or sexual violence, including, but not limited to, medical 12 attention from any physical or psychological injuries, attending coun- 13 seling sessions in order to deal with the effects of such injuries, 14 seeking legal assistance including attendance in court proceedings or to 15 communicate with an attorney, and seeking services allowing for relocat- 16 ing to a permanent or temporary residence. 17 § 1-a. Section 201 of the workers' compensation law is amended by 18 adding four new subdivisions 25, 26, 27 and 28 to read as follows: 19 25. "Victim of domestic or sexual abuse" means a victim of domestic 20 violence, a sex offense, or stalking. 21 26. "Victim of domestic violence" means an individual who is a victim 22 of an act which would constitute a family offense pursuant to subdivi- 23 sion one of section eight hundred twelve of the family court act. 24 27. "Victim of a sex offense" means an individual who is a victim of 25 an act or acts that would constitute a violation of article one hundred 26 thirty of the penal law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05978-01-3S. 7965 2 1 28. "Victim of stalking" means an individual who is a victim of an act 2 or acts that would constitute a violation of section 120.45, 120.50, 3 120.55, or 120.60 of the penal law. 4 § 2. Section 204 of the workers' compensation law is amended by adding 5 a new subdivision 3 to read as follows: 6 3. Notwithstanding any provision of law to the contrary, the weekly 7 benefit for family leave taken pursuant to paragraph (d) of subdivision 8 fifteen of section two hundred one of this article shall not exceed two 9 weeks during any fifty-two week calendar period and shall be sixty-seven 10 percent of the employee's average weekly wages but shall not exceed 11 sixty-seven percent of the New York state average weekly wage. 12 § 3. The workers' compensation law is amended by adding a new section 13 204-a to read as follows: 14 § 204-a. Additional unpaid leave for victims of domestic or sexual 15 abuse. In addition to any leave taken by a victim of domestic or sexual 16 abuse pursuant to section two hundred four of this article, an eligible 17 employee may take an additional two weeks of unpaid leave during any 18 fifty-two week calendar period. An employee taking unpaid leave pursuant 19 to the provisions of this section shall otherwise be treated as any 20 other covered employee for the purposes of this chapter. 21 § 4. The department of financial services is authorized to take into 22 account the provisions of this act when determining the maximum employee 23 contribution for the paid family leave program pursuant to article nine 24 of the workers' compensation law. 25 § 5. This act shall take effect immediately; provided, however, that 26 section three of this act shall take effect on January 1, 2025 and 27 provided, further, that section two of this act shall take effect on 28 January 1, 2026.
