Permits family leave benefits related to the active service of a spouse, domestic partner, child, or parent of the employee in the New York national guard during a declared state of emergency or other ordered active state service.
STATE OF NEW YORK
________________________________________________________________________
8366
2025-2026 Regular Sessions
IN SENATE
June 5, 2025
___________
Introduced by Sens. SCARCELLA-SPANTON, ORTT -- read twice and ordered
printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the workers' compensation law, in relation to coverage
for benefits under family leave related to national guard deployment
during a state of emergency
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 15 of section 201 of the workers' compensation
2 law, as added by section 2 of part SS of chapter 54 of the laws of 2016,
3 is amended to read as follows:
4 15. "Family leave" shall mean any leave taken by an employee from
5 work: (a) to participate in providing care, including physical or
6 psychological care, for a family member of the employee made necessary
7 by a serious health condition of the family member; or (b) to bond with
8 the employee's child during the first twelve months after the child's
9 birth, or the first twelve months after the placement of the child for
10 adoption or foster care with the employee; or (c) because of any quali-
11 fying exigency as interpreted under the family and medical leave act, 29
12 U.S.C.S § 2612(a)(1)(e) and 29 C.F.R. S.825.126(a)(1)-(8), arising out
13 of the fact that the spouse, domestic partner, child, or parent of the
14 employee is on active duty (or has been notified of an impending call or
15 order to active duty) in the armed forces of the United States, or has
16 been deployed to active service as a member of the New York national
17 guard due to a declared state of emergency under section twenty-eight of
18 the executive law or active service of the state ordered under section
19 six of the military law.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11642-02-5
