Bill S120-2013

Establishes the New York family leave act providing for leaves of absence for the birth or adoption of a child

Establishes the New York family leave act providing for leaves of absence for the birth or adoption of a child.

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  • Jan 8, 2014: REFERRED TO LABOR
  • Jan 9, 2013: REFERRED TO LABOR

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BILL NUMBER:S120

TITLE OF BILL: An act to amend the labor law, the civil service law and the insurance law, in relation to establishing the New York family leave act

PURPOSE OR GENERAL IDEA OF BILL: To amend the labor law, the civil service law and the insurance law in relation to providing for an additional 12 week leave of absence for the birth or adoption of a child without payor benefits, but with job protection and maintenance of insurance coverage through self-paid premiums.

SUMMARY OF SPECIFIC PROVISIONS: The Act will amend the labor law by adding section 202-1 and the civil service law by adding section 159-d to provide that 12 week job and benefit protected leave guaranteed under the Federal Family Medical Leave Act. The act will further provide an additional 12 weeks of job protected leave, although the additional leave will not include payor benefits. Finally, the act amends the insurance law to guarantee maintenance of health care benefits through self-paid premiums.

JUSTIFICATION: Working families should be able to provide their children with the health and psychosocial benefits associated with parent bonding and breastfeeding.

Infant-parent bonding allows attachments to form. Proper attachment has a profound effect on immediate and future physical and emotional health for the child. Rates of mortality and maternal depression decrease with each additional week of parental leave. Verbal ability, math proficiency and reading scores are negatively affected by parents working in the first year of a child's life.

According to the journal Pediatrics breastfeeding should be continued for the first year of life, only supplemented by other nutrients and food at 6 months. Breastfeeding is a time-consuming process that is difficult to accomplish in the workplace.

For the infant, breastfeeding provides protection against infectious diseases, diarrhea, SIDS, diabetes, asthma, and certain types of cancer. Prolonged breastfeeding has also been shown to improve a child's cognitive development and psychosocial outcomes including higher IQ scores, teacher evaluations and better academic performance.

Breastfeeding is also associated with better maternal health outcomes, including a lower risk of breast and ovarian cancer and osteoporosis.

Additional parental leave has been proven a cost-effective method of decreasing health costs.

PRIOR LEGISLATIVE HISTORY: 2011-12: S.6896

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Potential reduction in WIC, TANF, CHIP, and Medicaid payments.

EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.


Text

STATE OF NEW YORK ________________________________________________________________________ 120 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, the civil service law and the insurance law, in relation to establishing the New York family leave act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "New York family leave act". S 2. The labor law is amended by adding a new section 202-l to read as follows: S 202-L. LEAVE OF ABSENCE UPON THE BIRTH OR ADOPTION OF A CHILD GRANT- ED TO EMPLOYEES. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "COMMENCEMENT OF THE PARENT-CHILD RELATIONSHIP" SHALL MEAN: (I) WHEN THE ADOPTION OCCURS UNDER SPONSORSHIP OF AN AUTHORIZED AGEN- CY, AS DEFINED IN SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW, THE DATE THE CHILD IS PLACED BY THE AUTHOR- IZED AGENCY IN THE HOME OF THE ADOPTIVE PARENTS PURSUANT TO SECTION THREE HUNDRED EIGHTY-FOUR OF THE SOCIAL SERVICES LAW. (II) WHEN THE ADOPTION OCCURS WITHOUT THE SPONSORSHIP OF AN AUTHORIZED AGENCY, THE DATE A PETITION FOR THE ADOPTION OF A CHILD RESIDING WITH THE ADOPTIVE PARENTS IS FILED IN A COURT. (B) "EMPLOYEE" MEANS A PERSON WHO PERFORMS SERVICES FOR HIRE FOR AN EMPLOYER, FOR AN AVERAGE OF TWENTY OR MORE HOURS PER WEEK, AND INCLUDES ALL INDIVIDUALS EMPLOYED AT ANY SITE OWNED OR OPERATED BY AN EMPLOYER BUT SHALL NOT INCLUDE AN INDEPENDENT CONTRACTOR. (C) "EMPLOYER" MEANS A PERSON OR ENTITY THAT EMPLOYS FIFTY OR MORE EMPLOYEES AT AT LEAST ONE SITE AND INCLUDES AN INDIVIDUAL, CORPORATION, PARTNERSHIP, ASSOCIATION, NONPROFIT ORGANIZATION, GROUP OF PERSONS,
STATE, COUNTY, TOWN, CITY, SCHOOL DISTRICT, PUBLIC AUTHORITY OR OTHER GOVERNMENTAL SUBDIVISION OF ANY KIND. 2. (A) AN EMPLOYER SHALL PERMIT ANY EMPLOYEE, MALE OR FEMALE, TO TAKE A LEAVE OF ABSENCE FROM EMPLOYMENT WITHOUT LOSS OF PAY OR DIMINUTION OF ANY OTHER PRIVILEGE, BENEFIT OR RIGHT ARISING OUT OF SUCH EMPLOYMENT, FOR UP TO TWELVE WEEKS UPON THE BIRTH OF SUCH EMPLOYEE'S CHILD. AN ADOPTIVE PARENT, FOLLOWING THE COMMENCEMENT OF THE PARENT-CHILD RELATIONSHIP, SHALL BE ENTITLED TO THE SAME LEAVE AND UPON THE SAME TERMS. (B) IN ADDITION TO THE LEAVE OF ABSENCE GRANTED IN PARAGRAPH (A) OF THIS SUBDIVISION, AN EMPLOYER SHALL PERMIT ANY EMPLOYEE, MALE OR FEMALE, TO TAKE AN ADDITIONAL TWELVE WEEKS LEAVE OF ABSENCE FROM EMPLOYMENT WITHOUT PAY OR ANY OTHER PRIVILEGE, BENEFIT OR RIGHT ARISING OUT OF SUCH EMPLOYMENT, BUT WITHOUT DEMOTION. AN ADOPTIVE PARENT, FOLLOWING THE COMMENCEMENT OF THE PARENT-CHILD RELATIONSHIP, SHALL BE ENTITLED TO THE SAME ADDITIONAL LEAVE AND UPON THE SAME TERMS. 3. AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR REQUESTING OR OBTAINING A LEAVE OF ABSENCE UNDER THIS SECTION. 4. THIS SECTION SHALL NOT PREVENT AN EMPLOYER FROM PROVIDING LEAVE UPON THE BIRTH OR ADOPTION OF A CHILD IN ADDITION TO LEAVE ALLOWED UNDER ANY OTHER PROVISION OF LAW. THIS SECTION SHALL NOT AFFECT AN EMPLOYEE'S RIGHTS WITH RESPECT TO ANY OTHER EMPLOYEE BENEFIT OTHERWISE PROVIDED BY LAW. 5. THE COMMISSIONER IS HEREBY AUTHORIZED AND DIRECTED TO ESTABLISH ANY NECESSARY GUIDELINES, INCLUDING REQUIREMENTS FOR NOTICE, REQUEST AND APPROVAL OF LEAVE, AND DOCUMENTATION, FOR THE TIMELY IMPLEMENTATION OF THE PROGRAM. S 3. The civil service law is amended by adding a new section 159-d to read as follows: S 159-D. EXCUSED LEAVE FOR THE BIRTH OR ADOPTION OF A CHILD. 1. A. EVERY PUBLIC OFFICER, EMPLOYEE OF THIS STATE, EMPLOYEE OF ANY COUNTY, EMPLOYEE OF ANY COMMUNITY COLLEGE, EMPLOYEE OF ANY PUBLIC AUTHORITY, EMPLOYEE OF ANY PUBLIC BENEFIT CORPORATION, EMPLOYEE OF ANY BOARD OF COOPERATIVE EDUCATIONAL SERVICES (BOCES), EMPLOYEE OF ANY VOCATIONAL EDUCATION AND EXTENSION BOARD, OR A SCHOOL DISTRICT ENUMERATED IN SECTION ONE OF CHAPTER FIVE HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED SIXTY-SEVEN, EMPLOYEE OF ANY MUNICIPALITY, EMPLOYEE OF ANY SCHOOL DISTRICT OR ANY EMPLOYEE OF A PARTICIPATING EMPLOYER IN THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR ANY EMPLOYEE OF A PARTICIPATING EMPLOYER IN THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM SHALL BE ENTITLED TO HAVE A PAID LEAVE OF ABSENCE FROM HIS OR HER DUTIES OR SERVICE AS SUCH PUBLIC OFFICER, EMPLOYEE OF THIS STATE, EMPLOYEE OF ANY COUNTY, EMPLOYEE OF ANY COMMUNITY COLLEGE, EMPLOYEE OF ANY PUBLIC AUTHORITY, EMPLOYEE OF ANY PUBLIC BENEFIT CORPORATION, EMPLOYEE OF ANY BOARD OF COOPERATIVE EDUCATIONAL SERVICES (BOCES), EMPLOYEE OF ANY VOCA- TIONAL EDUCATION AND EXTENSION BOARD, OR A SCHOOL DISTRICT ENUMERATED IN SECTION ONE OF CHAPTER FIVE HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED SIXTY-SEVEN, EMPLOYEE OF ANY MUNICIPALITY, EMPLOYEE OF ANY SCHOOL DISTRICT, OR ANY EMPLOYEE OF A PARTICIPATING EMPLOYER IN THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR ANY EMPLOYEE OF A PARTICIPATING EMPLOYER IN THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM FOR A SUFFICIENT PERIOD OF TIME, NOT TO EXCEED TWELVE WEEKS UPON THE BIRTH OF SUCH EMPLOYEE'S CHILD, AN ADOPTIVE PARENT, FOLLOWING THE COMMENCEMENT OF THE PARENT-CHILD RELATIONSHIP, SHALL BE ENTITLED TO THE SAME LEAVE AND UPON THE SAME TERMS.
B. IN ADDITION TO THE LEAVE OF ABSENCE GRANTED IN PARAGRAPH A OF THIS SUBDIVISION, EVERY PUBLIC OFFICER, EMPLOYEE OF THIS STATE, EMPLOYEE OF ANY COUNTY, EMPLOYEE OF ANY COMMUNITY COLLEGE, EMPLOYEE OF ANY PUBLIC AUTHORITY, EMPLOYEE OF ANY PUBLIC BENEFIT CORPORATION, EMPLOYEE OF ANY BOARD OF COOPERATIVE EDUCATIONAL SERVICES (BOCES), EMPLOYEE OF ANY VOCA- TIONAL EDUCATION AND EXTENSION BOARD, OR A SCHOOL DISTRICT ENUMERATED IN SECTION ONE OF CHAPTER FIVE HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED SIXTY-SEVEN, EMPLOYEE OF ANY MUNICIPALITY, EMPLOYEE OF ANY SCHOOL DISTRICT OR ANY EMPLOYEE OF A PARTICIPATING EMPLOYER IN THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR ANY EMPLOYEE OF A PARTICIPATING EMPLOYER IN THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM SHALL BE ENTITLED TO HAVE A PERIOD OF UNPAID LEAVE OF ABSENCE FROM HIS OR HER DUTIES OR SERVICE AS SUCH PUBLIC OFFICER, EMPLOYEE OF THIS STATE, EMPLOYEE OF ANY COUNTY, EMPLOYEE OF ANY COMMUNITY COLLEGE, EMPLOYEE OF ANY PUBLIC AUTHORITY, EMPLOYEE OF ANY PUBLIC BENEFIT CORPORATION, EMPLOYEE OF ANY BOARD OF COOPERATIVE EDUCATIONAL SERVICES (BOCES), EMPLOYEE OF ANY VOCATIONAL EDUCATION AND EXTENSION BOARD, OR A SCHOOL DISTRICT ENUMERATED IN SECTION ONE OF CHAPTER FIVE HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED SIXTY-SEVEN, EMPLOYEE OF ANY MUNICIPALITY, EMPLOYEE OF ANY SCHOOL DISTRICT, OR ANY EMPLOYEE OF A PARTICIPATING EMPLOYER IN THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR ANY EMPLOYEE OF A PARTICIPATING EMPLOYER IN THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM FOR A SUFFICIENT PERIOD OF TIME, NOT TO EXCEED AN ADDITIONAL TWELVE WEEKS UPON THE BIRTH OF SUCH EMPLOYEE'S CHILD, AN ADOPTIVE PARENT, FOLLOWING THE COMMENCEMENT OF THE PARENT-CHILD RELATIONSHIP, SHALL BE ENTITLED TO THE SAME LEAVE AND UPON THE SAME TERMS. 2. THE ENTIRE PERIOD OF THE LEAVE OF ABSENCE GRANTED PURSUANT TO THIS SECTION SHALL BE EXCUSED LEAVE AND SHALL NOT BE CHARGED AGAINST ANY OTHER LEAVE SUCH PUBLIC OFFICER, EMPLOYEE OF THIS STATE, EMPLOYEE OF ANY COUNTY, EMPLOYEE OF ANY COMMUNITY COLLEGE, EMPLOYEE OF ANY PUBLIC AUTHORITY, EMPLOYEE OF ANY PUBLIC BENEFIT CORPORATION, EMPLOYEE OF ANY BOARD OF COOPERATIVE EDUCATIONAL SERVICES (BOCES), EMPLOYEE OF ANY VOCA- TIONAL EDUCATION AND EXTENSION BOARD, OR A SCHOOL DISTRICT ENUMERATED IN SECTION ONE OF CHAPTER FIVE HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED SIXTY-SEVEN, EMPLOYEE OF ANY MUNICIPALITY, EMPLOYEE OF ANY SCHOOL DISTRICT OR ANY EMPLOYEE OF A PARTICIPATING EMPLOYER IN THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR ANY EMPLOYEE OF A PARTICIPATING EMPLOYER IN THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM IS OTHERWISE ENTITLED TO. 3. FOR THE PURPOSES OF THIS SECTION, THE TERM "COMMENCEMENT OF THE PARENT-CHILD RELATIONSHIP" SHALL MEAN: A. WHEN THE ADOPTION OCCURS UNDER SPONSORSHIP OF AN AUTHORIZED AGENCY, AS DEFINED IN SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW, THE DATE THE CHILD IS PLACED BY THE AUTHORIZED AGENCY IN THE HOME OF THE ADOPTIVE PARENTS PURSUANT TO SECTION THREE HUNDRED EIGHTY-FOUR OF THE SOCIAL SERVICES LAW. B. WHEN THE ADOPTION OCCURS WITHOUT THE SPONSORSHIP OF AN AUTHORIZED AGENCY, THE DATE A PETITION FOR THE ADOPTION OF A CHILD RESIDING WITH THE ADOPTIVE PARENTS IS FILED IN A COURT. S 4. Subsection (a) of section 3221 of the insurance law is amended by adding a new paragraph 17 to read as follows: (17) THAT A GROUP OR BLANKET POLICY ISSUED PURSUANT TO THIS ARTICLE SHALL CONTAIN A PROVISION TO THE EFFECT THAT ANY MEMBER OF THE GROUP WHO TAKES A LEAVE OF ABSENCE AS PROVIDED FOR IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWO-L OF THE LABOR LAW OR PARAGRAPH B OF
SUBDIVISION ONE OF SECTION ONE HUNDRED FIFTY-NINE-D OF THE CIVIL SERVICE LAW MAY CONTINUE TO MAINTAIN SUCH POLICY UPON THE PAYMENT OF APPROPRIATE PREMIUMS UNTIL SUCH MEMBER RESUMES EMPLOYMENT WITH HIS OR HER EMPLOYER. S 5. Section 4305 of the insurance law is amended by adding a new subsection (i) to read as follows: (I) A GROUP CONTRACT ISSUED PURSUANT TO THIS SECTION SHALL CONTAIN A PROVISION TO THE EFFECT THAT IN CASE OF ANY MEMBER OF THE GROUP WHO TAKES A LEAVE OF ABSENCE AS PROVIDED FOR IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWO-L OF THE LABOR LAW OR PARAGRAPH B OF SUBDIVISION ONE OF SECTION ONE HUNDRED FIFTY-NINE-D OF THE CIVIL SERVICE LAW, SHALL BE ENTITLED TO MAINTAIN, WITHOUT EVIDENCE OF INSURABILITY, UPON APPLICATION THEREFOR AND PAYMENT OF THE FIRST PREMIUM MADE TO THE CORPORATION WITHIN AN APPROPRIATE TIME AFTER TAKING SUCH LEAVE OF ABSENCE, A CONTINUATION OF SUCH CONTRACT, COVERING SUCH MEMBER AND HIS OR HER ELIGIBLE DEPENDENTS WHO WERE COVERED BY THE GROUP CONTRACT UNTIL SUCH MEMBER RESUMES EMPLOYMENT WITH HIS OR HER EMPLOYER. S 6. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.

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