STATE OF NEW YORK
________________________________________________________________________
1601
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
Introduced by M. of A. ZEBROWSKI, BRADLEY, GREENE, O'DONNELL, CARROZZA,
JAFFEE, PERALTA, ESPAILLAT, KELLNER, ROBINSON -- Multi-Sponsored by --
M. of A. BOYLAND, COOK, DIAZ, DINOWITZ, GOTTFRIED, JOHN, MAISEL, MILL-
MAN, PEOPLES, PHEFFER, SEMINERIO, TITONE, WEISENBERG -- read once and
referred to the Committee on Labor
AN ACT to amend the labor law, in relation to allowing employees to use
paid vacation or paid sick or personal leave to care for family
members
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 202-l to
2 read as follows:
3 § 202-l. Family care leave of absence. 1. Every employer that provides
4 paid sick or personal leave or paid vacation time to its employees shall
5 allow such employees to utilize their accrued sick, personal and vaca-
6 tion time for the purpose of caring for a family member.
7 2. An employer shall not retaliate against an employee for requesting
8 or obtaining a leave of absence as provided by this section.
9 3. The provisions of this section shall not prevent an employer from
10 providing leave for the purpose of caring for a family member with a
11 serious health condition in addition to leave allowed under any other
12 provision of law. The provisions of this section shall not affect an
13 employee's rights with respect to any other employee benefit otherwise
14 provided by law.
15 4. As used in this section, the following terms shall have the follow-
16 ing meanings:
17 (a) "caring for a family member" means: (i) participating in providing
18 care, including physical or psychological care, for a family member of
19 the employee made necessary by a serious health condition of the family
20 member; or (ii) bonding with his or her child during the first twelve
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02491-01-9
A. 1601 2
1 months after the child's birth, or the first twelve months after the
2 placement of the child for adoption or foster care with the employee;
3 (b) "serious health condition" means an illness, injury, impairment,
4 or physical or mental condition that: (i) requires inpatient care in a
5 hospital, hospice or residential health care facility; or (ii) requires
6 continuing treatment by a health care provider;
7 (c) "family member" means a child, spouse, domestic partner as defined
8 in section four of the workers' compensation law, parent, grandchild,
9 mother-in-law or father-in-law;
10 (d) "child" means a biological, adopted, or foster child, a stepchild,
11 a legal ward, or a child of a person standing in loco parentis, who is:
12 (i) under eighteen years of age; or (ii) eighteen years of age or older
13 and incapable of self-care because of a mental or physical disability;
14 (e) "parent" means the biological, adoptive, or foster parent of an
15 employee or individual who stood in loco parentis to an employee when
16 the employee was a son or daughter;
17 (f) persons who are "in loco parentis" include those with day-to-day
18 responsibilities to care for and financially support a child or, in the
19 case of an employee, who had such responsibility for the employee when
20 the employee was a child. A biological or legal relationship is not
21 necessary;
22 (g) "grandchild" means the child of a child; and
23 (h) "health care provider" means any provider treating a family
24 member's serious health condition, including a physician, podiatrist,
25 chiropractor, dentist, psychologist, certified nurse midwife, or in the
26 case of a family member who adheres to the faith or teachings of any
27 church or denomination, and who in accordance with its creed, tenets or
28 principles depends for healing upon prayer through spiritual means alone
29 in the practice of religion, by an accredited practitioner, containing
30 facts and opinions as to such health condition in compliance with regu-
31 lations of the chair.
32 § 2. This act shall take effect on the first of January next succeed-
33 ing the date on which it shall have become a law; provided, however,
34 that effective immediately, the addition, amendment and/or repeal of any
35 rules or regulations necessary for the implementation of this act and
36 any administrative steps necessary to effectuate the purposes of this
37 act on its effective date are authorized and directed to be made and
38 completed on or before such effective date.
