Expands the use of sick leave to include bereavement; provides for the use of sick leave for the purposes of bereavement following the unplanned end of an employee's confirmed pregnancy by way of miscarriage or still-birth, following the unplanned end of another person's confirmed pregnancy by way of miscarriage or still-birth if the employee is the person's spouse or partner, the person's former spouse or partner and would have been a biological parent of a child born as the result of the pregnancy, or if the employee is the person's genetic surrogate.
STATE OF NEW YORK
________________________________________________________________________
6225
2021-2022 Regular Sessions
IN SENATE
April 15, 2021
___________
Introduced by Sen. BIAGGI -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor
AN ACT to amend the labor law, in relation to expanding the use of sick
leave to include bereavement
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph a of subdivision 4 of section 196-b of the labor
2 law, as added by section 1 of part J of chapter 56 of the laws of 2020,
3 is amended to read as follows:
4 a. On and after January first, two thousand twenty-one and upon the
5 oral or written request of an employee, an employer shall provide
6 accrued sick leave for the following purposes:
7 (i) [for] For a mental or physical illness, injury, or health condi-
8 tion of such employee or such employee's family member, regardless of
9 whether such illness, injury, or health condition has been diagnosed or
10 requires medical care at the time that such employee requests such
11 leave[;].
12 (ii) [for] For the diagnosis, care, or treatment of a mental or phys-
13 ical illness, injury or health condition of, or need for medical diagno-
14 sis of, or preventive care for, such employee or such employee's family
15 member[; or].
16 (iii) [for] For an absence from work due to any of the following
17 reasons when the employee or employee's family member has been the
18 victim of domestic violence pursuant to subdivision thirty-four of
19 section two hundred ninety-two of the executive law, a family offense,
20 sexual offense, stalking, or human trafficking:
21 (a) to obtain services from a domestic violence shelter, rape crisis
22 center, or other services program;
23 (b) to participate in safety planning, temporarily or permanently
24 relocate, or take other actions to increase the safety of the employee
25 or employee's family members;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10812-02-1
S. 6225 2
1 (c) to meet with an attorney or other social services provider to
2 obtain information and advice on, and prepare for or participate in any
3 criminal or civil proceeding;
4 (d) to file a complaint or domestic incident report with law enforce-
5 ment;
6 (e) to meet with a district attorney's office;
7 (f) to enroll children in a new school; or
8 (g) to take any other actions necessary to ensure the health or safety
9 of the employee or the employee's family member or to protect those who
10 associate or work with the employee.
11 For purposes of this subdivision, the reasons outlined above in
12 [subparagraph] clause (a) through (g) must be related to the domestic
13 violence, family offense, sexual offense, stalking, or human traffick-
14 ing. Provided further that a person who has committed such domestic
15 violence, family offense, sexual offense, stalking, or human trafficking
16 shall not be eligible for leave under this subdivision for situations in
17 which the person committed such offense and was not a victim, notwith-
18 standing any family relationship.
19 (iv) For the purposes of bereavement, including but not limited to
20 following the unplanned end of an employee's confirmed pregnancy by way
21 of a miscarriage or still-birth or following the unplanned end of anoth-
22 er person's confirmed pregnancy, by way of a miscarriage or still-birth,
23 if the employee is the person's spouse or partner, is the person's
24 former spouse or partner and would have been a biological parent of a
25 child born as the result of the pregnancy, or is the person's genetic
26 surrogate as such term is defined in section one hundred twenty-one of
27 the domestic relations law.
28 § 2. This act shall take effect on the thirtieth day after it shall
29 have become a law.