STATE OF NEW YORK
________________________________________________________________________
2438
2023-2024 Regular Sessions
IN ASSEMBLY
January 26, 2023
___________
Introduced by M. of A. PAULIN, BRONSON, COLTON, CRUZ, SIMON, SAYEGH,
STECK -- Multi-Sponsored by -- M. of A. COOK -- read once and referred
to the Committee on Labor
AN ACT to amend the labor law, in relation to providing employees with
one day off every ten years to undergo a colonoscopy
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 "45 saves lives".
3 § 2. The labor law is amended by adding a new section 202-n to read as
4 follows:
5 § 202-n. Leave of absence for colonoscopies. 1. For the purposes of
6 this section, the following terms shall have the following meanings:
7 (a) "Employee" means a person who performs services for hire for an
8 employer, for an average of twenty or more hours per week, and includes
9 all individuals employed at any site owned or operated by an employer
10 but shall not include an independent contractor.
11 (b) "Employer" means a person or entity that employs twenty or more
12 employees at at least one site and includes an individual, corporation,
13 partnership, association, nonprofit organization, group of persons,
14 state, county, town, city, school district, public authority or other
15 governmental subdivision of any kind.
16 2. An employer shall grant one day of leave of absence every ten years
17 to all employees forty-five years of age or older in order for such
18 employee to undergo a colonoscopy.
19 3. An employer shall not retaliate against an employee for requesting
20 or obtaining a leave of absence authorized pursuant to this section.
21 4. This section shall not affect an employee's rights with respect to
22 any other employee benefit otherwise provided by law.
23 § 3. This act shall take effect on the ninetieth day after it shall
24 become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05190-01-3