Provides that employers who extend funeral or bereavement leave to an employee for the death of a spouse, child, parent or other relative shall not deny the same leave for the death of an employee's same-sex committed partner; defines same-sex committed partners as those who are financially and emotionally interdependent in a manner commonly presumed of spouses.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2563A REVISED 5/5/10
SPONSOR: Glick (MS) TITLE OF BILL: An act to amend the civil rights law, in relation to
authorizing funeral or bereavement leave for same-sex committed partners
PURPOSE OR GENERAL IDEA OF BILL: The bill provides that bereavement
leave be granted to individuals involved in same-sex relationships on
the same basis as those granted to employees who are married.
SUMMARY OF SPECIFIC PROVISIONS: This bill adds one section to the
civil rights law. Section 79-n prohibits employers from discriminating
in the granting of funeral or bereavement to its employees who are in a
committed, same-sex relationship. It also provides that such leave must
be extended on the same basis as if offered to those employees who are
married (while same-sex couples who legally marry outside of New York
State already are considered married under New York law, this bill seeks
to protect those same-sex couples who have not left this State to marry
in another jurisdiction).
A committed relationship is defined as a long-term relationship charac-
terized by emotional and financial commitment and interdependence.
JUSTIFICATION: For years, individuals in same-sex relationships who
are prohibited from civil marriage are often not granted bereavement
leave to attend the funeral of their partner or partner's blood
relation. This fails to acknowledge the value that any committed
relationship contributes to our communities. Enlightened companies with
domestic partnership policies now allow this type of funeral or bereave-
ment leave.
PRIOR LEGISLATIVE HISTORY: 1998: A.9494 referred to Codes. 2000:
ordered to third reading rules cal.866. 2001-2002: A.4302 ordered to
third reading Rules calendar 1141 2003: Third Reading. 2004: Reported
referred to Ways and Means. 2006: A2839-B passed Assembly and 3rd read-
ing of the Senate calendar. 2008: A2196 Third Reading Rules Calendar 294
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect on the sixtieth day after
it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
2563--A
Cal. No. 216
2009-2010 Regular Sessions
IN ASSEMBLY
January 20, 2009
___________
Introduced by M. of A. GLICK, O'DONNELL, HOYT, DINOWITZ -- Multi-Spon-
sored by -- M. of A. CYMBROWITZ, FARRELL, GOTTFRIED, HOOPER, JACOBS,
JOHN, McENENY, MILLMAN, ORTIZ, PHEFFER, WEINSTEIN, WRIGHT -- read once
and referred to the Committee on Governmental Operations -- reported
from committee, advanced to a third reading, amended and ordered
reprinted, retaining its place on the order of third reading
AN ACT to amend the civil rights law, in relation to authorizing funeral
or bereavement leave for same-sex committed partners
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil rights law is amended by adding a new section
2 79-n to read as follows:
3 § 79-n. Funeral or bereavement leave. No employer who extends to its
4 employees funeral or bereavement leave for the death of an employee's
5 spouse or the child, parent or other relative of the spouse shall deny
6 the same leave to an employee for the death of the employee's same-sex
7 committed partner or the child, parent or other relative of the commit-
8 ted partner. For the purposes of this section, same-sex committed part-
9 ners are those who are financially and emotionally interdependent in a
10 manner commonly presumed of spouses.
11 § 2. This act shall take effect on the sixtieth day after it shall
12 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04526-03-0
