STATE OF NEW YORK
________________________________________________________________________
8995--A
IN ASSEMBLY
February 1, 2024
___________
Introduced by M. of A. BICHOTTE HERMELYN, LEVENBERG, AUBRY, DAVILA,
LUCAS, SEPTIMO -- read once and referred to the Committee on Transpor-
tation -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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
24 employee would have been entitled if the employee were able to perform
25 the employee's regular assigned duties.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06868-03-4
A. 8995--A 2
1 2. Nothing in this section shall be deemed to diminish the rights,
2 privileges, or remedies of any employee under any collective bargaining
3 agreement or employment contract.
4 § 167-b. Parental leave for railroad employees. 1. For purposes of
5 this section, "parental leave" shall mean any leave taken by an employ-
6 ee of any railroad, including any commuter rail service, as defined by
7 section ninety-seven-a of the railroad law, owned or operated by a state
8 authority or its subsidiary, as defined by section two of the public
9 authorities law, from work to bond with the employee's child during the
10 first twelve months after the child's birth, or the first twelve months
11 after the placement of the child for adoption or foster care with the
12 employee.
13 2. Beginning January first, two thousand twenty-five, railroad employ-
14 ees in employment for twenty-six or more consecutive weeks shall be
15 eligible for parental leave benefits. Every such employee shall continue
16 to be eligible for parental leave benefits until the termination of
17 employment with the employer. An employee regularly in the employment of
18 an employer as described in subdivision one of this section on a work
19 schedule less than the employer's normal work week shall become eligible
20 for parental leave benefits on the one hundred seventy-fifth day of such
21 regular employment. An employee who is eligible for parental leave bene-
22 fits shall not be deemed, for the purposes of this section, to have such
23 employment terminated during any period the employee is eligible to
24 receive benefits under this section with respect to such employment.
25 3. The weekly benefit for parental leave that occurs on or after Janu-
26 ary first, two thousand twenty-five, shall not exceed twelve weeks
27 during any fifty-two week calendar period and shall be sixty-seven
28 percent of the employee's average weekly wage. The entire period of the
29 leave of absence granted pursuant to this section shall not be charged
30 against any other leave such employee is otherwise entitled to. Benefits
31 may be payable to employees for parental leave taken intermittently or
32 for less than a full work week in increments of one full day or one-
33 fifth of the weekly benefit.
34 4. Parental leave benefits shall be payable to an eligible employee
35 for the first full day when parental leave is required and thereafter
36 during the continuance of the need for parental leave. The first payment
37 of benefits shall be due on the fourteenth day of parental leave and
38 benefits for that period shall be paid directly to the employee and
39 thereafter benefits shall be due and payable bi-weekly in like manner.
40 5. Nothing in this section shall be deemed to diminish the rights,
41 privileges, or remedies of any employee under any collective bargaining
42 agreement or employment contract.
43 § 3. This act shall take effect immediately.
