NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7275
SPONSOR: Bichotte Hermelyn TITLE OF BILL:
An act to amend the labor law, in relation to establishing light duty
during pregnancy and parental leave for railroad employees
PURPOSE:
Establishes light duty during pregnancy and parental leave for railroad
employees
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Legislative Intent
Section 2. requires that the option of light duty be provided to the
employees of railroads operated by a state authority or its subsidiary
who are pregnant, making clear that nothing in this legislation shall
diminish the rights, privileges and remedies of any employee working
under a collective bargaining agreement or employment contract. The
legislation also further defines parental leave and parental leave bene-
fits and sets a schedule for the availability of such parental leave
benefits.
Section 3. Effective date.
JUSTIFICATION:
Published reports have indicated that one commuter train conductor who
was six months pregnant miscarried after performing the strenuous job of
throwing hand switches in a train yard. The on-the-job conditions facing
pregnant women working for the Metropolitan Transit Authority are
considered so potentially dangerous that last year the MTA formed a task
force composed of senior management officials to review the accommo-
dations provided to pregnant New York City transit workers.
Similar conditions exist for Metro North conductors who are required to
throw hand switches, climb up and down equipment, lock down pantographs,
and carry heavy work essential - often under conditions with limited
lighting available. Metro North takes pride in being an inclusive work
environment, yet paid maternity leave is not being offered, reasonable
accommodations are not yet provided to pregnant women and a light duty
option is not available.
This legislation would address those shortcomings by establishing the
requirement for a light duty option and addressing other related
concerns that would enhance the safety of the workplace.
LEGISLATIVE HISTORY:
05/22/24 print number 8995a
05/22/24 amend (t) and recommit to transportation 02/01/24 referred to
transportation
01/05/22 referred to transportation (Joyner)
05/14/21 referred to transportation (Joyner)
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7275
2025-2026 Regular Sessions
IN ASSEMBLY
March 21, 2025
___________
Introduced by M. of A. BICHOTTE HERMELYN, LEVENBERG, DAVILA, LUCAS,
SEPTIMO, FORREST -- read once and referred to the Committee on Trans-
portation
AN ACT to amend the labor law, in relation to establishing light duty
during pregnancy and parental leave for railroad employees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature hereby finds and
2 declares that pregnant employees and new parents in the railroad indus-
3 try face unique challenges that necessitate specific protections and
4 accommodations. The intent of this legislation is to ensure that preg-
5 nant employees are provided with suitable light duty assignments to
6 safeguard their health and well-being, and to establish paid parental
7 leave benefits to support employees bonding with their newborn or newly
8 adopted children. These measures aim to promote a safe and inclusive
9 work environment while balancing the operational needs of employers.
10 § 2. The labor law is amended by adding two new sections 167-a and
11 167-b to read as follows:
12 § 167-a. Light duty for pregnant railroad employees. 1. Should any
13 employee engaged in the service of any railroad, including any commuter
14 rail service, as defined by section ninety-seven-a of the railroad law,
15 owned or operated by a state authority or its subsidiary, as defined by
16 section two of the public authorities law, who is pregnant be prevented
17 by such pregnancy from performing the activities involved in the employ-
18 ee's regular assigned duties due, but is able, as determined by the
19 employee's medical provider, to perform specified types of light duty,
20 the employer shall make available such light duty to the employee,
21 provided, however, that such light duty shall enable the employee to
22 continue to be entitled to the employee's concurrent assignment earn-
23 ings, including increases thereof and fringe benefits, to which the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11046-01-5
A. 7275 2
1 employee would have been entitled if the employee were able to perform
2 the employee's regular assigned duties.
3 2. Nothing in this section shall be deemed to diminish the rights,
4 privileges, or remedies of any employee under any collective bargaining
5 agreement or employment contract.
6 § 167-b. Parental leave for railroad employees. 1. For purposes of
7 this section, "parental leave" shall mean any leave taken by an employ-
8 ee of any railroad, including any commuter rail service, as defined by
9 section ninety-seven-a of the railroad law, owned or operated by a state
10 authority or its subsidiary, as defined by section two of the public
11 authorities law, from work to bond with the employee's child during the
12 first twelve months after the child's birth, or the first twelve months
13 after the placement of the child for adoption or foster care with the
14 employee.
15 2. Beginning January first, two thousand twenty-six, railroad employ-
16 ees in employment for twenty-six or more consecutive weeks shall be
17 eligible for parental leave benefits. Every such employee shall continue
18 to be eligible for parental leave benefits until the termination of
19 employment with the employer. An employee regularly in the employment of
20 an employer as described in subdivision one of this section on a work
21 schedule less than the employer's normal work week shall become eligible
22 for parental leave benefits on the one hundred seventy-fifth day of such
23 regular employment. An employee who is eligible for parental leave bene-
24 fits shall not be deemed, for the purposes of this section, to have such
25 employment terminated during any period the employee is eligible to
26 receive benefits under this section with respect to such employment.
27 3. The weekly benefit for parental leave that occurs on or after Janu-
28 ary first, two thousand twenty-six, shall not exceed twelve weeks during
29 any fifty-two week calendar period and shall be sixty-seven percent of
30 the employee's average weekly wage. The entire period of the leave of
31 absence granted pursuant to this section shall not be charged against
32 any other leave such employee is otherwise entitled to. Benefits may be
33 payable to employees for parental leave taken intermittently or for less
34 than a full work week in increments of one full day or one-fifth of the
35 weekly benefit.
36 4. Parental leave benefits shall be payable to an eligible employee
37 for the first full day when parental leave is required and thereafter
38 during the continuance of the need for parental leave. The first payment
39 of benefits shall be due on the fourteenth day of parental leave and
40 benefits for that period shall be paid directly to the employee and
41 thereafter benefits shall be due and payable bi-weekly in like manner.
42 5. Nothing in this section shall be deemed to diminish the rights,
43 privileges, or remedies of any employee under any collective bargaining
44 agreement or employment contract.
45 § 3. This act shall take effect immediately.
