Provides employees with the opportunity to maintain health benefits through the employer during approved unpaid leave of absence, as long as the employee continues to pay the employee contribution share through the employer.
STATE OF NEW YORK
________________________________________________________________________
1515
2021-2022 Regular Sessions
IN ASSEMBLY
January 11, 2021
___________
Introduced by M. of A. PERRY -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to retaining health benefits
during approved unpaid leave of absence
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The labor law is amended by adding a new section 201-h to
2 read as follows:
3 § 201-h. Maintenance of health benefits during approved leave of
4 absence. 1. Whenever an employer or governmental agency permits an
5 employee to take an approved unpaid leave of absence, such employer
6 shall offer such employee the opportunity to maintain his or her health
7 care benefits, provided that such employee continues to pay his or her
8 employee contribution to such health plan through the employer.
9 2. For the purposes of this section, the following terms shall have
10 the following meanings:
11 (a) "Employee" means a person who performs service for hire for an
12 employer, for an average of twenty or more hours per week, and includes
13 all individuals employed at any site owned or operated by an employer
14 but shall not include an independent contractor.
15 (b) "Employer" means a person or entity that employs twenty or more
16 employees at at least one site and includes an individual, corporation,
17 county, town, city, school district, public authority or other govern-
18 mental subdivision of any kind.
19 3. An employer shall not retaliate against an employee for requesting
20 or obtaining a leave of absence as provided in this section.
21 4. The provisions of this section shall not affect or prevent an
22 employer from providing leave in addition to any other leave authorized
23 by law. The provisions of this section shall not affect an employee's
24 rights with respect to any other employee benefit provided by law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05330-01-1
A. 1515 2
1 5. The provisions of this section shall not affect any other terms of
2 the employer's health care benefits as provided by contract or by law.
3 § 2. This act shall take effect on the sixtieth day after it shall
4 have become a law.