Requires employers to provide a reasonable accommodation to employees who have children who are unable to return to a childcare provider as a result of a pandemic and is unable to maintain their normal work schedule.
STATE OF NEW YORK
________________________________________________________________________
10842
IN ASSEMBLY
July 24, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Steck, Fahy,
Gottfried, Dinowitz) -- read once and referred to the Committee on
Governmental Operations
AN ACT to amend the executive law, in relation to requiring employers to
provide a reasonable accommodation to employees who have children who
are unable to return to a childcare provider as a result of a pandemic
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 296-e
2 to read as follows:
3 § 296-e. Reasonable accommodation for employees during a pandemic. 1.
4 (a) An employer shall make reasonable accommodations for an employee (i)
5 whose child was enrolled in a day care program, a before or after-care
6 program, or a school that shut down or closed, changed its schedule or
7 reduced the hours of on-location operation because of a pandemic such as
8 COVID-19 when such employee, with reasonable efforts, has not been able
9 to obtain replacement services, or (ii) when such services were provided
10 by a caregiver or childcare provider who has an underlying condition
11 that puts them at-risk for severe illness due to COVID-19 including, but
12 not limited to chronic pulmonary, lung, liver, or kidney disease, moder-
13 ate-to-severe asthma, diabetes, hemoglobin disorders, serious heart
14 conditions, severe obesity, the individual is immunocompromised or other
15 condition certified as substantially similar by a physician and as a
16 result is no longer willing to provide such services, or (iii) who has
17 an underlying condition as described in subparagraph (ii) of this para-
18 graph.
19 (b) Accommodations under this section shall include, in addition to
20 any set forth in subdivision twenty-one-e of section two hundred nine-
21 ty-two of this article; flexible work hours, part-time or modified work
22 schedules; altering the times when certain work functions are performed;
23 telecommuting; working from home; changing policies; the provision of
24 childcare as a substitute for day, before or after-care programs at
25 school or other childcare facility which shall comply with guidelines
26 issued by the centers for disease control and prevention and be a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16988-03-0
A. 10842 2
1 program approved by the county health department, provided, however,
2 that no employer shall be required to make an accommodation that repres-
3 ents an undue hardship on such employer.
4 (c) The employer and employee shall engage in an interactive process
5 to determine the appropriate reasonable accommodation due the employee.
6 (d) Enforcement of this section shall be pursuant to provisions of
7 this chapter. A prevailing plaintiff shall recover all attorneys' fees,
8 expert witness fees, costs, and disbursements incurred in prosecuting a
9 proceeding or case under this section, whether enforcement is before the
10 division of human rights or in a court of competent jurisdiction.
11 2. If any clause, sentence, paragraph or part of this section or the
12 application thereof to any person or circumstances, shall, for any
13 reason, be adjudged by a court of competent jurisdiction to be invalid,
14 such judgment shall not affect, impair or invalidate the remainder of
15 this section.
16 § 2. This act shall take effect immediately.