NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6744
SPONSOR: Slater TITLE OF BILL:
An act to amend the workers' compensation law, in relation to family
leave
PURPOSE OR GENERAL IDEA OF BILL:
Addresses an oversight relating to family leave
SUMMARY OF PROVISIONS:
Section 1 - Under no circumstance may a covered employer require an
employee use paid time off or any other accrued time before using or
being eligible to use family leave
Section 2 - adds language including being called to active duty military
service within the contiguous United States, Hawaii, Alaska, or any U.S.
territory as qualifying for family leave
JUSTIFICATION:
Some residents of the State of New York have been forced by their
employer to use all of their paid time off before being allowed to use
family leave. This goes against the spirit of the law and can cause
issues once the employee returns from family leave where they do not
have any remaining paid time off to use in emergency situations.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
6744
2023-2024 Regular Sessions
IN ASSEMBLY
May 8, 2023
___________
Introduced by M. of A. SLATER, MANKTELOW -- read once and referred to
the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to family
leave
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The workers' compensation law is amended by adding a new
2 section 203-d to read as follows:
3 § 203-d. Paid time off and leave use under a covered employer. Under
4 no circumstances may a covered employer require an employee use paid
5 time off or any other accrued time before using or being eligible to use
6 family leave as defined in subdivision fifteen of section two hundred
7 one of this article.
8 § 2. Subdivision 15 of section 201 of the workers' compensation law,
9 as added by section 2 of part SS of chapter 54 of the laws of 2016, is
10 amended to read as follows:
11 15. "Family leave" shall mean any leave taken by an employee from
12 work: (a) to participate in providing care, including physical or
13 psychological care, for a family member of the employee made necessary
14 by a serious health condition of the family member; or (b) to bond with
15 the employee's child during the first twelve months after the child's
16 birth, or the first twelve months after the placement of the child for
17 adoption or foster care with the employee; or (c) because of any quali-
18 fying exigency as interpreted under the family and medical leave act, 29
19 U.S.C.S § 2612(a)(1)(e) and 29 C.F.R. S.825.126(a)(1)-(8), arising out
20 of the fact that the spouse, domestic partner, child, or parent of the
21 employee is on active duty (or has been notified of an impending call or
22 order to active duty) in the armed forces of the United States, which
23 includes being called to active duty within the contiguous United
24 States, Hawaii, Alaska, or any U.S. territory.
25 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10782-01-3
