Requires public employers who opt out of providing paid family leave benefits to provide parental leave in the alternative at the same pay rate and amount of time as paid family leave.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A299
SPONSOR: Rajkumar TITLE OF BILL:
An act to amend the workers' compensation law, in relation to requiring
public employers who opt out of providing paid family leave benefits to
provide parental leave in the alternative
PURPOSE OR GENERAL IDEA OF BILL::
To require public employers who opt out of providing paid family leave
benefits to provide paternity leave in the alternative
SUMMARY OF PROVISIONS::
Section 1. Subdivision 3 of section 212-b of the workers' compensation
law is amended by adding a new paragraph (c) to read as follows: (c)
Notwithstanding any other provision of law to the contrary, if a public
employer chooses to opt out of paid family leave benefits pursuant to
paragraph b of this subdivision, then such public employer shall be
required to offer paternity leave to its employees for a period not to
exceed twelve weeks during any fifty-two week calendar period. Employers
shall pay employees on paternity leave a rate of sixty-seven percent of
the employee's average weekly wage. but shall not exceed sixty-seven
percent of the New York state average weekly wage in effect.
Section 2 is the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
JUSTIFICATION::
New York State designed Paid Family Leave to be easy for employers to
implement. Since its creation, there has been a lack of equity and
equality when it comes to an employee's options for parental leave.
PRIOR LEGISLATIVE HISTORY::
2021-22 A10352 referred to labor 2023-24 A02752 referred to labor
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
299
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. RAJKUMAR, CUNNINGHAM -- read once and referred to
the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to requiring
public employers who opt out of providing paid family leave benefits
to provide parental leave in the alternative
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 212-b of the workers' compensation
2 law is amended by adding a new paragraph (c) to read as follows:
3 (c) Notwithstanding any other provision of law to the contrary, if a
4 public employer chooses to opt out of paid family leave benefits pursu-
5 ant to paragraph b of this subdivision, then such public employer shall
6 be required to offer parental leave to its employees for a period not to
7 exceed twelve weeks during any fifty-two week calendar period. Employers
8 shall pay employees on parental leave a rate of sixty-seven percent of
9 the employee's average weekly wage but shall not exceed sixty-seven
10 percent of the New York state average weekly wage in effect.
11 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01432-01-5
