S T A T E   O F   N E W   Y O R K
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                                 1298--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced  by Sens. PERALTA, PANEPINTO -- read twice and ordered print-
  ed, and when printed to be committed to  the  Committee  on  Labor  --
  recommitted  to  the Committee on Labor in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

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-n to read as
follows:
  S 202-N. 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00342-02-6
              

S. 1298--A                          2

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.

S. 1298--A                          3

  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-N OF THE LABOR LAW OR PARAGRAPH B OF

S. 1298--A                          4

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-N 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.