Expands family leave eligibility to include participation in remote learning for certain employees who are the parents or guardians of certain children.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10977A
SPONSOR: Rules (Solages) TITLE OF BILL:
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
PURPOSE:
The purpose of this bill is to address the disparate impact that the
COVID-19 impact has had and will continue to have on parents, especially
single parents, that act as the primary caregiver for their children.
SUMMARY OF PROVISIONS:
Section 1 amends Subdivision 15 of Section 201 of the Workers' Compen-
sation Law to amend the definition of "Family leave" to include
instances where an employee participates in remote learning for their
child under the age of 12 or over 12 if the child has special learning
needs or has a medical or developmental disability that requires accom-
modations. The child's school must also be physically dosed during a
pandemic or during a declared state disaster emergency as defined under
Section 28 of the Executive Law.
Section 2 amends Section 203 of the Workers' Compensation Law to require
the commissioner to promulgate rules and regulations regarding the
eligibility of an employee to take family leave to participate in remote
learning in order to care for their child.
Section 3 adds a new paragraph (a-1) to Subdivision 2 of Section 204 of
the Workers' Compensation Law to provide that family leave pursuant to
this new section shall be taken on an hourly basis that shall not exceed
a total of 420 hours in a single covered period and shall be equal to an
employee's current hourly wage or salary equivalent.
Section 4 amends paragraph (b) of Subdivision 3 of Section 205 of the
Workers' Compensation Law to provide that for any day of disability or
family leave during which the employee performed work for remuneration
or profit, provided however, that this shall not apply to family leave
taken when the employee participates in remote learning activities for
their child.
Section 5 amends paragraph (d) of Subdivision 3 of Section 206 of the
Workers' Compensation Law to provide that for any day in which a claim-
ant works at least part of that day for remuneration or profit for the
covered employer or for any other employer while working for remunera-
tion or profit, provided however, that this shall not apply to employees
that participate in remote learning activities for their child.
Section 6 is the effective date. child.
JUSTIFICATION:
Throughout the COVID-19 pandemic, many parents, particularly single
parents, have been primarily parenting and co-teaching their children
while working full-time. Distance learning has required parents to be
more actively engaged in their child's academic experience. This is even
more so for parents with a child that has special learning needs or
medical or developmental needs. During this pandemic, parents have been
forced to act as primary caregivers and co-teachers while working full-
time without the opportunity for reduced work hours.
This model is unsustainable as it will lead to the deterioration of the
physical and mental health of parents. Asking working parents to choose
between their child's education and health and their own professional
growth and development or their ability to economically provide for
their family presents an untenable situation. This legislation is
designed to alleviate this problem by allowing parents to take family
leave at their hourly or salaried rate to engage in remote learning
activities with their child so that the child may receive an education
during this pandemic or during a declared state of emergency where the
child's school is physically dosed. Parents will not be forced to choose
between their child's education and their careers.
LEGISLATIVE HISTORY:
New bill.
STATE AND LOCAL FISCAL IMPLICATIONS:
To be determined:
EFFECTIVE DATE:
This act shall take effect immediately.
