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A10977 Summary:

BILL NOA10977A
 
SAME ASSAME AS S08919-A
 
SPONSORRules (Solages)
 
COSPNSR
 
MLTSPNSR
 
Amd §§201, 203, 204, 205 & 206, Work Comp L
 
Expands family leave eligibility to include participation in remote learning for certain employees who are the parents or guardians of certain children.
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A10977 Actions:

BILL NOA10977A
 
09/09/2020referred to labor
10/07/2020amend and recommit to labor
10/07/2020print number 10977a
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A10977 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10977--A
 
                   IN ASSEMBLY
 
                                    September 9, 2020
                                       ___________
 
        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Solages) --
          read once  and  referred  to  the  Committee  on  Labor  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT to amend the workers' compensation law, in relation to expanding
          family leave eligibility to include participation in  remote  learning
          for  certain  employees  who  are  the parents or guardians of certain
          children
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 15 of section 201 of the workers' compensation
     2  law, as added by section 2 of part SS of chapter 54 of the laws of 2016,
     3  is amended to read as follows:
     4    15. "Family leave" shall mean any leave  taken  by  an  employee  from
     5  work:    (a)  to  participate  in  providing care, including physical or
     6  psychological care, for a family member of the employee  made  necessary
     7  by  a serious health condition of the family member; or (b) to bond with
     8  the employee's child during the first twelve months  after  the  child's
     9  birth,  or  the first twelve months after the placement of the child for
    10  adoption or foster care with the employee; or (c) because of any  quali-
    11  fying exigency as interpreted under the family and medical leave act, 29
    12  U.S.C.S  §  2612(a)(1)(e) and 29 C.F.R. S.825.126(a)(1)-(8), arising out
    13  of the fact that the spouse, domestic partner, child, or parent  of  the
    14  employee is on active duty (or has been notified of an impending call or
    15  order  to  active duty) in the armed forces of the United States; or (d)
    16  to participate in remote learning where the employee has a  child  under
    17  the  age  of  twelve  or over the age of twelve who has special learning
    18  needs or has a medical or developmental disability requiring services or
    19  accommodations, and the school such child attends is  physically  closed
    20  during  a pandemic or declared state disaster emergency as defined under
    21  section twenty-eight of the executive law or when the child participates
    22  in remote learning as a result of a declared state of disaster emergency
    23  as defined under section twenty-eight of the executive law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17129-04-0

        A. 10977--A                         2
 
     1    § 2. Section 203 of the  workers'  compensation  law,  as  amended  by
     2  section  3  of  part SS of chapter 54 of the laws of 2016, is amended to
     3  read as follows:
     4    §  203.  1.  Employees eligible for benefits under section two hundred
     5  four of this article. Employees in employment of a covered employer  for
     6  four  or  more  consecutive weeks and employees in employment during the
     7  work period usual to and available during such four or more  consecutive
     8  weeks  in any trade or business in which they are regularly employed and
     9  in which hiring from day to day of such employees is the  usual  employ-
    10  ment  practice  shall be eligible for disability benefits as provided in
    11  section two hundred four of this article. Employees in employment  of  a
    12  covered  employer for twenty-six or more consecutive weeks and employees
    13  in employment during the work period usual to and available during  such
    14  twenty-six  or  more consecutive weeks in any trade or business in which
    15  they are regularly employed and in which hiring from day to day of  such
    16  employees  is the usual employment practice shall be eligible for family
    17  leave benefits as provided in section two hundred four of this  article.
    18  Every such employee shall continue to be eligible for family leave bene-
    19  fits only during employment with a covered employer. Every such employee
    20  shall  continue  to  be  eligible  for  disability  benefits during such
    21  employment and for a period of four weeks after such  employment  termi-
    22  nates regardless of whether the employee performs any work for remunera-
    23  tion or profit in non-covered employment. If during such four week peri-
    24  od the employee performs any work for remuneration or profit for another
    25  covered employer the employee shall become eligible for disability bene-
    26  fits immediately with respect to that employment. In addition every such
    27  employee  who has previously completed four or more consecutive weeks in
    28  employment with the covered employer for purposes  of  disability  bene-
    29  fits,  or  twenty-six  or  more consecutive weeks in employment with the
    30  covered employer for purposes of paid family leave, and returns to  work
    31  with  the  same  employer  after an agreed and specified unpaid leave of
    32  absence or vacation without pay shall become eligible for benefits imme-
    33  diately with respect to such employment. An employee who during a period
    34  in which he or she is eligible to receive benefits under subdivision two
    35  of section two hundred seven of this article returns to employment  with
    36  a  covered employer and an employee who is currently receiving unemploy-
    37  ment insurance benefits or benefits under section two hundred  seven  of
    38  this article and who returns to employment with a covered employer shall
    39  become eligible for disability benefits immediately with respect to such
    40  employment. An employee regularly in the employment of a single employer
    41  on  a  work  schedule  less  than  the employer's normal work week shall
    42  become eligible for disability leave benefits on the twenty-fifth day of
    43  such regular employment and for purposes of paid family leave an employ-
    44  er shall become eligible for benefits on the one  hundred  seventy-fifth
    45  day of such regular employment. An employee who is eligible for disabil-
    46  ity  and  family  leave benefits in the employment of a covered employer
    47  shall not be deemed, for the purposes of  this  article,  to  have  such
    48  employment terminated during any period he or she is eligible to receive
    49  benefits  under section two hundred four of this article with respect to
    50  such employment.
    51    2. The commissioner shall promulgate rules and  regulations  regarding
    52  eligibility of an employee for family leave pursuant to paragraph (d) of
    53  subdivision  fifteen  of  section  two hundred one of this article which
    54  shall include but not be limited to:
    55    (a) Limiting eligibility for such family leave to periods where school
    56  is in session; and

        A. 10977--A                         3
 
     1    (b) Limiting the eligibility for such family leave to  one  parent  or
     2  legal guardian per household concurrently.
     3    §  3. Subdivision 2 of section 204 of the workers' compensation law is
     4  amended by adding a new paragraph (a-1) to read as follows:
     5    (a-1) Notwithstanding any provision of law  to  the  contrary,  family
     6  leave  taken pursuant to paragraph (d) of subdivision fifteen of section
     7  two hundred one of this article shall be taken on an hourly basis  which
     8  shall  not  exceed  a  total  of  four  hundred twenty hours in a single
     9  covered period and shall be equal to the employee's current hourly  wage
    10  or salary equivalent.
    11    §  4.  Paragraph  (b)  of subdivision 3 of section 205 of the workers'
    12  compensation law, as amended by section 6 of part SS of  chapter  54  of
    13  the laws of 2016, is amended to read as follows:
    14    (b) for any day of disability or family leave during which the employ-
    15  ee  performed  work  for  remuneration or profit, provided however, that
    16  this paragraph shall not apply to family leave taken pursuant  to  para-
    17  graph  (d)  of  subdivision  fifteen  of section two hundred one of this
    18  article;
    19    § 5. Paragraph (d) of subdivision 3 of section  206  of  the  workers'
    20  compensation  law, as added by section 7 of part SS of chapter 54 of the
    21  laws of 2016, is amended to read as follows:
    22    (d) for any day in which claimant works at least part of that day  for
    23  remuneration or profit for the covered employer or for any other employ-
    24  er  while  working  for  remuneration  or profit, for him or herself, or
    25  another person or entity, during the same or substantially similar work-
    26  ing hours as those of the covered employer from which family leave bene-
    27  fits are claimed, except that  occasional  scheduling  adjustments  with
    28  respect  to  secondary  employments  shall not prevent receipt of family
    29  leave benefits, provided however, that this paragraph shall not apply to
    30  family leave taken pursuant to paragraph (d) of subdivision  fifteen  of
    31  section two hundred one of this article.
    32    § 6. This act shall take effect immediately.
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