A10152 Summary:

BILL NOA10152
 
SAME ASSAME AS S08090
 
SPONSORNolan
 
COSPNSRCrespo, Heastie, Peoples-Stokes, Weinstein, Abbate, Aubry, Barrett, Blake, Buchwald, Burke, Buttenschon, Cahill, Carroll, Colton, Cook, Cruz, Darling, Davila, De La Rosa, DenDekker, Dinowitz, Englebright, Epstein, Fahy, Fernandez, Gantt, Glick, Gottfried, Griffin, Gunther, Hevesi, Jacobson, Jaffee, Jean-Pierre, Joyner, Kim, Lavine, Lentol, Lifton, Magnarelli, McMahon, Miller MG, Mosley, Niou, O'Donnell, Ortiz, Otis, Paulin, Pichardo, Pretlow, Quart, Ramos, Richardson, Rivera, Rodriguez, Rosenthal D, Rosenthal L, Rozic, Ryan, Sayegh, Seawright, Simon, Simotas, Solages, Steck, Stern, Stirpe, Taylor, Thiele, Vanel, Wallace, Weprin, Williams, Zebrowski, D'Urso, Fall, Bronson
 
MLTSPNSR
 
Add 196-b, amd 195, Lab L
 
Provides requirements for sick leave and the provision of certain employee benefits when such employee is subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19; provides for sick leave.
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A10152 Actions:

BILL NOA10152
 
03/17/2020referred to labor
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A10152 Committee Votes:

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A10152 Floor Votes:

There are no votes for this bill in this legislative session.
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A10152 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10152
 
                   IN ASSEMBLY
 
                                     March 17, 2020
                                       ___________
 
        Introduced  by  M.  of  A. NOLAN, CRESPO, HEASTIE, PEOPLES-STOKES, WEIN-
          STEIN, ABBATE, AUBRY, BARRETT, BLAKE,  BUCHWALD,  BURKE,  BUTTENSCHON,
          CAHILL,  CARROLL,  COLTON,  COOK,  CRUZ,  DARLING, DAVILA, DE LA ROSA,
          DenDEKKER, DINOWITZ, ENGLEBRIGHT,  EPSTEIN,  FAHY,  FERNANDEZ,  GANTT,
          GLICK,   GOTTFRIED,   GRIFFIN,   GUNTHER,  HEVESI,  JACOBSON,  JAFFEE,
          JEAN-PIERRE, JOYNER, KIM, LAVINE, LENTOL, LIFTON, MAGNARELLI, McMAHON,
          M. G. MILLER, MOSLEY, NIOU, O'DONNELL, ORTIZ, OTIS, PAULIN,  PICHARDO,
          PRETLOW,  QUART,  RAMOS,  RICHARDSON, RIVERA, RODRIGUEZ, D. ROSENTHAL,
          L. ROSENTHAL, ROZIC, RYAN, SAYEGH, SEAWRIGHT, SIMON, SIMOTAS, SOLAGES,
          STECK,  STERN,  STIRPE,  TAYLOR,  THIELE,  VANEL,   WALLACE,   WEPRIN,
          WILLIAMS,  ZEBROWSKI  -- (at request of the Governor) -- read once and
          referred to the Committee on Labor
 
        AN ACT providing requirements  for  sick  leave  and  the  provision  of
          certain employee benefits when such employee is subject to a mandatory
          or precautionary order of quarantine or isolation due to COVID-19; and
          to amend the labor law, in relation to requirements for sick leave
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. 1.(a) For employers with ten or fewer employees as of Janu-
     2  ary 1, 2020, each employee who is subject to a mandatory or  precaution-
     3  ary  order  of  quarantine or isolation issued by the state of New York,
     4  the department of health, local board of  health,  or  any  governmental
     5  entity  duly  authorized  to  issue such order due to COVID-19, shall be
     6  provided with unpaid sick leave until the termination of  any  mandatory
     7  or  precautionary  order  of quarantine or isolation due to COVID-19 and
     8  any other benefit as provided by any other provision of law.  During the
     9  period of mandatory or precautionary quarantine or isolation, an employ-
    10  ee shall be eligible for paid family leave  benefits  and  benefits  due
    11  pursuant  to  disability  pursuant to this act.  An employer with ten or
    12  fewer employees as of January 1, 2020, and that  has  a  net  income  of
    13  greater than one million dollars in the previous tax year, shall provide
    14  each  employee  who  is subject to a precautionary or mandatory order of
    15  quarantine or isolation issued by the state of New York, the  department
    16  of  health,  local  board  of  health,  or  any governmental entity duly
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12051-02-0

        A. 10152                            2
 
     1  authorized to issue such order due to COVID-19, at least  five  days  of
     2  paid  sick leave and unpaid leave until the termination of any mandatory
     3  or precautionary order of quarantine or isolation.  After such five days
     4  of  paid sick leave, an employee shall be eligible for paid family leave
     5  benefits and benefits due pursuant to disability pursuant to this act.
     6    (b) For employers with between eleven and ninety-nine employees as  of
     7  January  1, 2020, each employee who is subject to a mandatory or precau-
     8  tionary order of quarantine or isolation issued  by  the  state  of  New
     9  York,  the  department  of health, local board of health, or any govern-
    10  mental entity duly authorized to issue such order due to COVID-19, shall
    11  be provided with at least five days of paid sick leave and unpaid  leave
    12  until the termination of any mandatory or precautionary order of quaran-
    13  tine  or isolation. After such five days of paid sick leave, an employee
    14  shall be eligible for paid family leave benefits and benefits due pursu-
    15  ant to disability pursuant to this act.
    16    (c) For employers with one hundred or more employees as of January  1,
    17  2020, each employee who is subject to a mandatory or precautionary order
    18  of  quarantine or isolation issued by the state of New York, the depart-
    19  ment of health, local board of health, or any governmental  entity  duly
    20  authorized  to  issue such order due to COVID-19, shall be provided with
    21  at least fourteen days of  paid  sick  leave  during  any  mandatory  or
    22  precautionary order of quarantine or isolation.
    23    (d) For public employers, each officer or employee who is subject to a
    24  mandatory  or  precautionary  order of quarantine or isolation issued by
    25  the state of New York, the department of health, local board of  health,
    26  or  any  governmental  entity duly authorized to issue such order due to
    27  COVID-19 shall be provided with at least  fourteen  days  of  paid  sick
    28  leave  during  any  mandatory  or  precautionary  order of quarantine or
    29  isolation.  Each officer or employee shall be compensated at his or  her
    30  regular  rate of pay for those regular work hours during which the offi-
    31  cer or employee is absent from work due to a mandatory or  precautionary
    32  order  of  quarantine or isolation due to COVID-19. For purposes of this
    33  act, "public employer" shall mean the following: (i)  the state;    (ii)
    34  a    county,  city,  town  or village; (iii) a school district, board of
    35  cooperative educational services,   vocational education  and  extension
    36  board  or  a school district as enumerated in section 1 of  chapter  566
    37  of the laws of 1967, as amended; (iv) any governmental entity  operating
    38  a college or university; (v) a public  improvement  or special  district
    39  including  police  or  fire  districts; (vi) a public authority, commis-
    40  sion or public benefit corporation; or (vii) any  other public    corpo-
    41  ration,  agency,  instrumentality  or unit of government which exercises
    42  governmental power under the  laws  of  this state.
    43    (e) Such leave shall be provided without loss of an officer or employ-
    44  ee's accrued sick leave.
    45    2. For purposes of this act,  "mandatory  or  precautionary  order  of
    46  quarantine  or  isolation" shall mean a mandatory or precautionary order
    47  of quarantine or isolation issued by the state of New York, the  depart-
    48  ment  of  health,  local  board of health, or any government entity duly
    49  authorized to issue such order due to COVID-19.
    50    3. Upon return to work following leave taken pursuant to this act,  an
    51  employee  shall  be  restored  by his or her employer to the position of
    52  employment held by the employee prior to any  leave  taken  pursuant  to
    53  this act with the same pay and other terms and conditions of employment.
    54  No  employer  or his or her agent, or the officer or agent of any corpo-
    55  ration, partnership, or limited liability company, or any other  person,
    56  shall discharge, threaten, penalize, or in any other manner discriminate

        A. 10152                            3
 
     1  or  retaliate against any employee because such employee has taken leave
     2  pursuant to this act.
     3    4. An employee shall not receive paid sick leave benefits or any other
     4  paid benefits provided by any provisions of this section if the employee
     5  is  subject  to a mandatory or precautionary order of quarantine because
     6  the employee has returned to the United  States  after  traveling  to  a
     7  country  for  which the Centers for Disease Control and Prevention has a
     8  level two or three travel health notice and the travel to  that  country
     9  was  not  taken as part of the employee's employment or at the direction
    10  of the employee's employer, and if the employee was provided  notice  of
    11  the  travel  health notice and the limitations of this subdivision prior
    12  to such travel.  Such employee shall be eligible to  use  accrued  leave
    13  provided  by  the employer, or to the extent that such employee does not
    14  have accrued leave or sufficient accrued leave, unpaid sick leave  shall
    15  be  provided  for the duration of the mandatory or precautionary quaran-
    16  tine or isolation.
    17    5. The commissioner of labor  shall  have  authority  to  adopt  regu-
    18  lations, including emergency regulations, and issue guidance to effectu-
    19  ate any of the provisions of this act. Employers shall comply with regu-
    20  lations  promulgated by the commissioner of labor for this purpose which
    21  may include, but is not limited to, standards for the use, payment,  and
    22  employee eligibility of sick leave pursuant to this act.
    23    6.  Notwithstanding  any  other  provision of law, and for purposes of
    24  this act only, for purposes of article 9 of  the  workers'  compensation
    25  law,  "disability"  shall  mean: any inability of an employee to perform
    26  the regular duties of his or her employment or the duties of  any  other
    27  employment which his or her employer may offer him or her as a result of
    28  a  mandatory or precautionary order of quarantine or isolation issued by
    29  the state, the department of health, a local board  of  health,  or  any
    30  government  entity  duly  authorized to issue such order due to COVID-19
    31  and when the employee has exhausted all paid sick leave provided by  the
    32  employee's employer under this act.
    33    7.  Notwithstanding  subdivision  1  of  section  204  of the workers'
    34  compensation law, disability benefits payable pursuant to this act shall
    35  be payable on the first day of disability.
    36    8. Notwithstanding any other provision of law,  and  for  purposes  of
    37  this  act  only,  for purposes of article 9 of the workers' compensation
    38  law, "family leave" shall mean: (a) any leave taken by an employee  from
    39  work  when  an employee is subject to a mandatory or precautionary order
    40  of quarantine or isolation  issued  by  the  state,  the  department  of
    41  health,  a  local board of health, or any government entity duly author-
    42  ized to issue such order due to COVID-19; or (b) to provide care  for  a
    43  minor  dependent  child of the employee who is subject to a mandatory or
    44  precautionary order of quarantine or isolation issued by the state,  the
    45  department  of health, a local board of health, or any government entity
    46  duly authorized to issue such order due to COVID-19.
    47    9. Notwithstanding any other provision of law,  and  for  purposes  of
    48  this  act  only,  for purposes of article 9 of the workers' compensation
    49  law, disability and family leave benefits pursuant to this  act  may  be
    50  payable  concurrently to an eligible employee upon the first full day of
    51  an unpaid period of mandatory or precautionary order  of  quarantine  or
    52  isolation  issued  by the state of New York, the department of health, a
    53  local board of health, or any government entity duly authorized to issue
    54  such order due to  COVID-19,  provided  however,  an  employee  may  not
    55  collect  any benefits that would exceed $840.70 in paid family leave and
    56  $2,043.92 in benefits due pursuant to disability per week.

        A. 10152                            4
 
     1    10. Notwithstanding any other provision of law, and  for  purposes  of
     2  this  act  only,  for purposes of article 9 of the workers' compensation
     3  law, the maximum weekly  benefit  which  the  employee  is  entitled  to
     4  receive  for benefits due pursuant to disability pursuant to subdivision
     5  six  of  this  section  only shall be the difference between the maximum
     6  weekly family leave benefit and such  employee's  total  average  weekly
     7  wage  from each covered employer up to a maximum benefit due pursuant to
     8  disability of $2,043.92 per week.
     9    11. Notwithstanding subdivision 7 of section 590, and subdivision 2 of
    10  section 607, of the labor law, a claim for benefits under article 18  of
    11  the  labor  law  due to closure of an employer otherwise subject to this
    12  section for a reason related to COVID-19 or due to a mandatory order  of
    13  a  government  entity  duly authorized to issue such order to close such
    14  employer otherwise subject to this section, shall not be  subject  to  a
    15  waiting period for a claim for benefits pursuant to such title.
    16    12.  A  mandatory  or  precautionary  order of quarantine or isolation
    17  issued by the state, the department of health, a local board of  health,
    18  or  any  government  entity  duly  authorized to issue such order due to
    19  COVID-19 shall be sufficient proof of disability or proof  of  need  for
    20  family leave taken pursuant to this act.
    21    13.  The  provisions  of  this  act  shall not apply in cases where an
    22  employee is deemed asymptomatic or has not yet been diagnosed  with  any
    23  medical condition and is physically able to work while under a mandatory
    24  or  precautionary  order  of  quarantine  or  isolation, whether through
    25  remote access or other similar means.
    26    14. Nothing in this section  shall  be  deemed  to  impede,  infringe,
    27  diminish or impair the rights of a public employee or employer under any
    28  law,  rule,  regulation  or  collectively  negotiated  agreement, or the
    29  rights  and  benefits  which  accrue  to  employees  through  collective
    30  bargaining agreements, or otherwise diminish the integrity of the exist-
    31  ing  collective  bargaining  relationship,  or to prohibit any personnel
    32  action which otherwise would have been taken regardless of  any  request
    33  to use, or utilization of, any leave provided by this act.
    34    15.  Notwithstanding  any  inconsistent provision of law, on or before
    35  June 1, 2020, the superintendent of financial services by regulation, in
    36  consultation with the director of the state insurance fund and the chair
    37  of the workers' compensation board of the state, shall promulgate  regu-
    38  lations necessary for the implementation of a risk adjustment pool to be
    39  administered  directly  by  the superintendent of financial services, in
    40  consultation with the director of the state insurance fund and the chair
    41  of the workers' compensation board of the state.  "Risk adjustment pool"
    42  as used in this subdivision shall mean the  process  used  to  stabilize
    43  member  claims  pursuant  to  this act in order to protect insurers from
    44  disproportionate adverse risks. Disproportionate losses of  any  members
    45  of the risk adjustment pool in excess of threshold limits established by
    46  the  superintendent of financial services of the state may be supported,
    47  if required by the superintendent, by other members of such pool includ-
    48  ing the state insurance fund in a proportion to  be  determined  by  the
    49  superintendent.   Any such support provided by members of the pool shall
    50  be fully repaid, including reasonable interest, through a mechanism  and
    51  period  of  time  to  be  determined  by the superintendent of financial
    52  services.
    53     16.  (a) The superintendent of financial  services,  in  consultation
    54  with the director of the state insurance fund and the chair of the work-
    55  ers'  compensation  board  shall  issue  two  reports assessing the risk
    56  adjustment pool required by this act.

        A. 10152                            5
 
     1    (b) On or before January 1, 2022, an initial report shall be  provided
     2  to the speaker of the assembly, the chair of the assembly ways and means
     3  committee  and  the chair of the assembly labor committee, the temporary
     4  president of the senate, the chair of the senate finance  committee  and
     5  the  chair  of  the senate labor committee.  Such report shall  include:
     6  the total number of claims filed pursuant to this section for (i) family
     7  leave benefits, and (ii) benefits due to disability, as a  result  of  a
     8  mandatory  or  precautionary  order  of  quarantine  or isolation due to
     9  COVID-19; the aggregate amount of paid family leave claims and disabili-
    10  ty claims; the total amount of the claims  paid  for  out  of  the  risk
    11  adjustment  pool;  the threshold limits established by the department of
    12  financial services; and any  other  information  the  superintendent  of
    13  financial services deems necessary to provide to the legislature.
    14    (c)  On or before January 1, 2025, a final report shall be provided to
    15  the speaker of the assembly, the chair of the assembly  ways  and  means
    16  committee  and  the chair of the assembly labor committee, the temporary
    17  president of the senate, the chair of the senate finance  committee  and
    18  the  chair  of the senate labor committee. Such report shall include the
    19  balance of the risk adjustment pool, if any, the total amount  collected
    20  through  the repayment mechanism established by the department of finan-
    21  cial services including interest; and any other information  the  super-
    22  intendent of financial services deems necessary to provide to the legis-
    23  lature.    If  there  exists  a balance in the risk adjustment pool, the
    24  final report shall  provide  a  timeline  by  which  repayment  will  be
    25  completed.
    26    17.  If at any point while this section shall be in effect the federal
    27  government  by  law  or  regulation  provides sick leave and/or employee
    28  benefits for employees related to COVID-19, then the provisions of  this
    29  section,  including,  but  not  limited to, paid sick leave, paid family
    30  leave, and benefits due to disability, shall not  be  available  to  any
    31  employee  otherwise subject to the provisions of this section; provided,
    32  however, that if the provisions of this section would have provided sick
    33  leave and/or employee benefits in excess of the benefits provided by the
    34  federal government by law or regulation, then  such  employee  shall  be
    35  able to claim such additional sick leave and/or employee benefits pursu-
    36  ant  to  the  provisions  of this section in an amount that shall be the
    37  difference between the benefits available under  this  section  and  the
    38  benefits available to such employee, if any, as provided by such federal
    39  law or regulation.
    40    § 2. The labor law is amended by adding a new section 196-b to read as
    41  follows:
    42    §  196-b. Sick leave requirements. 1. Every employer shall be required
    43  to provide its employees with sick leave as follows:
    44    a. For employers with four or fewer employees in  any  calendar  year,
    45  each  employee  shall  be provided with up to forty hours of unpaid sick
    46  leave in each calendar year; provided, however, an employer that employs
    47  four or fewer employees in any calendar year and that has a  net  income
    48  of  greater  than  one  million  dollars  in the previous tax year shall
    49  provide each employee with up to forty hours of paid sick leave pursuant
    50  to this section;
    51    b. For employers with between five and ninety-nine  employees  in  any
    52  calendar year, each employee shall be provided with up to forty hours of
    53  paid sick leave in each calendar year; and
    54    c.  For  employers  with one hundred or more employees in any calendar
    55  year, each employee shall be provided with up to fifty-six hours of paid
    56  sick leave each calendar year.

        A. 10152                            6
 
     1    For purposes of determining the number of employees pursuant  to  this
     2  subdivision,  a  calendar  year  shall mean the twelve-month period from
     3  January first through December thirty-first.  For all other purposes,  a
     4  calendar  year  shall  either  mean the twelve-month period from January
     5  first  through  December  thirty-first,  or  a  regular  and consecutive
     6  twelve-month period, as determined by an employer.
     7    2. Nothing in this section shall be construed to prohibit  or  prevent
     8  an  employer  from  providing  an  amount of sick leave, paid or unpaid,
     9  which is in excess of the requirements set forth in subdivision  one  of
    10  this  section,  or from adopting a paid leave policy that provides addi-
    11  tional benefits to employees. An  employer  may  elect  to  provide  its
    12  employees  with  the  total amount of sick leave required to fulfill its
    13  obligations pursuant to subdivision one of this section at the beginning
    14  of the calendar year,  provided,  however  that  no  employer  shall  be
    15  permitted to reduce or revoke any such sick leave based on the number of
    16  hours  actually  worked  by an employee during the calendar year if such
    17  employer elects pursuant to this subdivision.
    18    3. Employees shall accrue sick leave at a rate of not  less  than  one
    19  hour  per  every  thirty  hours worked, beginning at the commencement of
    20  employment or the effective date of this section,  whichever  is  later,
    21  subject to the use and accrual limitations set forth in this section.
    22    4. a. On and after January first, two thousand twenty-one and upon the
    23  oral  or  written  request  of  an  employee,  an employer shall provide
    24  accrued sick leave for the following purposes:
    25    (i) for a mental or physical illness, injury, or health  condition  of
    26  such  employee  or  such employee's family member, regardless of whether
    27  such illness, injury, or health condition has been diagnosed or requires
    28  medical care at the time that such employee requests such leave;
    29    (ii) for the diagnosis, care, or treatment of  a  mental  or  physical
    30  illness,  injury  or  health condition of, or need for medical diagnosis
    31  of, or preventive care for, such  employee  or  such  employee's  family
    32  member; or
    33    (iii)  for  an  absence from work due to domestic violence pursuant to
    34  subdivision thirty-four of section two hundred ninety-two of the  execu-
    35  tive  law,  a  sexual  offense, stalking, or human trafficking, for such
    36  employee to avail themselves or a family member of services  or  assist-
    37  ance  including,  but not limited to, to obtain services from a domestic
    38  violence shelter, rape crisis  center,  or  other  shelter  or  services
    39  program  for relief from a family offense matter, sexual offense, stalk-
    40  ing, or human trafficking; to participate in safety planning,  temporar-
    41  ily or permanently relocate, or take other actions to increase the safe-
    42  ty  of  the  employee  or  employee's  family members from future family
    43  offense matters, sexual offenses, stalking,  or  human  trafficking;  to
    44  meet  with  a civil attorney or other social services provider to obtain
    45  information and advice on, and prepare for or participate in any  crimi-
    46  nal  or  civil proceeding, including but not limited to, matters related
    47  to a family offense matter, sexual offense, stalking, human trafficking,
    48  custody, visitation, matrimonial issues,  orders  of  protection,  immi-
    49  gration,  housing,  discrimination  in  employment,  housing or consumer
    50  credit; to file  a  complaint  or  domestic  incident  report  with  law
    51  enforcement;  to meet with a district attorney's office; to enroll chil-
    52  dren in a new school; or to take other actions  necessary  to  maintain,
    53  improve,  or  restore the physical, psychological, or economic health or
    54  safety of the employee or the employee's family  member  or  to  protect
    55  those who associate or work with the employee.

        A. 10152                            7
 
     1    b. For purposes of this section, "family member" shall mean an employ-
     2  ee's  child,  spouse,  domestic  partner, parent, sibling, grandchild or
     3  grandparent; and the child or parent of an employee's spouse or domestic
     4  partner. "Parent" shall mean a biological,  foster,  step-  or  adoptive
     5  parent,  or  a  legal  guardian of an employee, or a person who stood in
     6  loco parentis when the employee was a minor child.  "Child" shall mean a
     7  biological, adopted or foster child, a legal ward,  or  a  child  of  an
     8  employee standing in loco parentis.
     9    5.  a.  An  employer  may  not  require the disclosure of confidential
    10  information relating to a mental or physical illness, injury, or  health
    11  condition of such employee or such employee's family member, or informa-
    12  tion  relating  to  absence from work due to domestic violence, a sexual
    13  offense, stalking, or human trafficking, as  a  condition  of  providing
    14  sick leave pursuant to this section.
    15    b.  An  employer may set a reasonable minimum increment for the use of
    16  sick leave which shall not exceed four hours.  Employees  shall  receive
    17  compensation  at his or her regular rate of pay, or the applicable mini-
    18  mum wage established pursuant to section six hundred fifty-two  of  this
    19  chapter, whichever is greater, for the use of paid sick leave.
    20    6.  An  employee's  unused  sick  leave  shall  be carried over to the
    21  following calendar year, provided, however, that: (i) an  employer  with
    22  fewer  than  one  hundred  employees  may limit the use of sick leave to
    23  forty hours per calendar year; and (ii) an employer with one hundred  or
    24  more  employees  may  limit the use of sick leave to fifty-six hours per
    25  calendar year. Nothing in this section shall be construed to require  an
    26  employer  to  pay an employee for unused sick leave upon such employee's
    27  termination, resignation, retirement, or other separation  from  employ-
    28  ment.
    29    7.  No  employer  or  his or her agent, or the officer or agent of any
    30  corporation, partnership, or limited liability  company,  or  any  other
    31  person,  shall  discharge,  threaten,  penalize,  or in any other manner
    32  discriminate or retaliate against any employee because such employee has
    33  exercised his or her rights afforded under this section, including,  but
    34  not  limited  to, requesting sick leave and using sick leave, consistent
    35  with the provisions of section two hundred fifteen of this chapter.
    36    8. An employer shall not be required to provide  any  additional  sick
    37  leave  pursuant to this section if the employer has adopted a sick leave
    38  policy or time off policy that provides  employees  with  an  amount  of
    39  leave  which  meets or exceeds the requirements set forth in subdivision
    40  one of this section  and  satisfies  the  accrual,  carryover,  and  use
    41  requirements of this section.
    42    9.  Nothing  in  this  section  shall  be  construed to: a. prohibit a
    43  collective bargaining agreement entered into, on or after the  effective
    44  date  of  this  section  from, in lieu of the leave provided for in this
    45  section, providing a comparable benefit for  the  employees  covered  by
    46  such agreement in the form of paid days off; such paid days off shall be
    47  in  the  form  of  leave, compensation, other employee benefits, or some
    48  combination thereof; or
    49    b. impede, infringe, or diminish the ability of a certified collective
    50  bargaining agent to negotiate the terms and  conditions  of  sick  leave
    51  different from the provisions of this section.
    52    Provided, however, that in the case of either paragraph a or b of this
    53  subdivision,  the agreement must specifically acknowledge the provisions
    54  of this section.
    55    10. Upon return to work following any sick  leave  taken  pursuant  to
    56  this  section,  an  employee shall be restored by his or her employer to

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     1  the position of employment held by such employee prior to any sick leave
     2  taken pursuant to this section with the same pay  and  other  terms  and
     3  conditions of employment.
     4    11. Upon the oral or written request of an employee, an employer shall
     5  provide  a summary of the amounts of sick leave accrued and used by such
     6  employee in the current calendar year and/or any previous calendar year.
     7  The employer shall provide such information to the employee within three
     8  business days of such request.
     9    12. Nothing in this section shall be construed to prevent a city  with
    10  a  population  of  one million or more from enacting and enforcing local
    11  laws or ordinances which meet or exceed the standard or requirements for
    12  minimum hour and use set forth in this section,  as  determined  by  the
    13  commissioner.  Any  paid  sick  leave  benefits provided by a sick leave
    14  program enforced by a municipal corporation in effect as of  the  effec-
    15  tive date of this section shall not be diminished or limited as a result
    16  of the enactment of this section.
    17    13.  The  commissioner  shall  have authority to adopt regulations and
    18  issue guidance to effectuate any of  the  provisions  of  this  section.
    19  Employers  shall comply with regulations and guidance promulgated by the
    20  commissioner for this purpose which may include but are not  limited  to
    21  standards  for  the  accrual,  use, payment, and employee eligibility of
    22  sick leave.
    23    14. The department shall conduct a public awareness outreach  campaign
    24  which  shall  include  making  information  available on its website and
    25  otherwise informing employers and employees of the  provisions  of  this
    26  section.
    27    §  3.  Subdivision  4  of  section 195 of the labor law, as amended by
    28  chapter 564 of the laws of 2010, is amended to read as follows:
    29    4. establish, maintain and  preserve  for  not  less  than  six  years
    30  contemporaneous,  true,  and  accurate  payroll records showing for each
    31  week worked the hours worked; the rate or rates of pay and basis  there-
    32  of,  whether  paid by the hour, shift, day, week, salary, piece, commis-
    33  sion, or other; gross wages; deductions; allowances, if any, claimed  as
    34  part  of the minimum wage; amount of sick leave provided to each employ-
    35  ee; and net wages for each employee.   For all  employees  who  are  not
    36  exempt  from  overtime compensation as established in the commissioner's
    37  minimum wage orders or otherwise provided by New York state law or regu-
    38  lation, the payroll records shall include the  regular  hourly  rate  or
    39  rates  of  pay, the overtime rate or rates of pay, the number of regular
    40  hours worked, and the number of overtime hours worked. For all employees
    41  paid a piece rate, the payroll  records  shall  include  the  applicable
    42  piece  rate or rates of pay and number of pieces completed at each piece
    43  rate;
    44    § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
    45  sion, section or part of this act shall be  adjudged  by  any  court  of
    46  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    47  impair, or invalidate the remainder thereof, but shall  be  confined  in
    48  its  operation  to the clause, sentence, paragraph, subdivision, section
    49  or part thereof directly involved in the controversy in which such judg-
    50  ment shall have been rendered. It is hereby declared to be the intent of
    51  the legislature that this act would  have  been  enacted  even  if  such
    52  invalid provisions had not been included herein.
    53    §  5.  This  act shall take effect immediately; provided, however that
    54  sections two and three of this act shall take effect on the one  hundred
    55  eightieth  day after it shall have become a law; provided, further, that

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     1  the department of labor may promulgate rules and regulations to effectu-
     2  ate the purposes of this act, on or before such effective date.
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