STATE OF NEW YORK
________________________________________________________________________
8354
2023-2024 Regular Sessions
IN ASSEMBLY
December 13, 2023
___________
Introduced by M. of A. FORREST -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the labor law, in relation to requiring employers to
provide paid vacation time
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 196-e to
2 read as follows:
3 § 196-e. Paid vacation. 1. Every employer shall offer paid vacation to
4 each eligible employee based on length of employment, as follows:
5 a. After one full year of employment, each employee shall be offered
6 up to two weeks of paid vacation;
7 b. After three full years of employment, each employee shall be
8 offered up to three weeks of paid vacation; and
9 c. After five full years of employment, each employee shall be offered
10 up to four weeks of paid vacation.
11 2. Any employee working an average of twenty hours per week or more
12 shall be eligible for paid vacation pursuant to this section.
13 3. Nothing in this section shall be construed to prohibit or prevent
14 an employer from providing an amount of paid vacation which is in excess
15 of the requirements set forth in subdivision one of this section, or
16 from adopting a paid leave policy that provides additional benefits to
17 employees. An employer may elect to provide its employees with the total
18 amount of paid vacation required to fulfill its obligations pursuant to
19 subdivision one of this section at the beginning of the calendar year,
20 provided, however that no employer shall be permitted to reduce or
21 revoke any such paid vacation based on the number of hours actually
22 worked by an employee during the calendar year if such employer elects
23 pursuant to this subdivision.
24 4. No employer shall be permitted to penalize any employee for exer-
25 cising their right to vacation time pursuant to this section. No employ-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13694-01-3
A. 8354 2
1 er shall be permitted to intimidate an employee into not exercising
2 their right to vacation time under this section.
3 5. Employers shall set reasonable policies and expectations around
4 granting employee vacation requests. Such policies may require the
5 employee to provide a certain amount of notice to the employer prior to
6 the start of the employee's vacation time; provided, however, that no
7 employer shall require more than four full weeks prior notice.
8 6. Paid vacation time shall be granted in consecutive days. Employees
9 entitled to more than one week of paid vacation time shall be permitted
10 to take such time in non-consecutive weeks if requested by the employee;
11 provided, however, that an employer may not require vacation time to be
12 taken in non-consecutive weeks.
13 7. No employer shall require any employee to undertake any action,
14 including communication and correspondence, related to their employment
15 during the duration of their paid vacation time.
16 8. Any employee, with the consent of their employer, may choose to
17 forgo their paid vacation time. Any employee who chooses to forgo their
18 paid vacation time shall be paid at a rate of double their standard
19 wages for a length of time equal to the amount of paid vacation time
20 such employee was entitled to. Such payment shall be paid to such
21 employee before the end of their employment year.
22 § 2. This act shall take effect immediately.
