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.
Ayes (22): Kruger, Krueger, Stachowski, Oppenheimer, Montgomery, Duane, Parker, Stavisky, Dilan, Stewart-Cousins, Thompson, Breslin, Diaz, Espada, Klein, Perkins, Valesky, Peralta, Padavan, LaValle, Leibell, Maziarz
Ayes W/R (6): Seward, Saland, Farley, Hannon, Larkin, Robach
Nays (5): DeFrancisco, Johnson O, Volker, Nozzolio, Marcellino
BILL NUMBER: S6177A
TITLE OF BILL : An act to amend the civil rights law, in relation to authorizing funeral or bereavement leave for same-sex committed partners
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.
A committed relationship is defined as a long-term relationship characterized 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 bereavement leave.
PRIOR LEGISLATIVE HISTORY : New Bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS : To be determined.
EFFECTIVE DATE : This act shall take effect on the sixtieth day after becoming law.
STATE OF NEW YORK ________________________________________________________________________ 6177--A 2009-2010 Regular Sessions IN SENATE September 18, 2009 ___________Introduced by Sens. MONTGOMERY, ADAMS, DUANE, HASSELL-THOMPSON, KRUEGER, PARKER, PERKINS, SAVINO, SQUADRON, STAVISKY, STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Codes in accord- ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: Section 1. The civil rights law is amended by adding a new section 79-n to read as follows: S 79-N. FUNERAL OR BEREAVEMENT LEAVE. NO EMPLOYER WHO EXTENDS TO ITS EMPLOYEES FUNERAL OR BEREAVEMENT LEAVE FOR THE DEATH OF AN EMPLOYEE'S SPOUSE OR THE CHILD, PARENT OR OTHER RELATIVE OF THE SPOUSE SHALL DENY THE SAME LEAVE TO AN EMPLOYEE FOR THE DEATH OF THE EMPLOYEE'S SAME-SEX COMMITTED PARTNER OR THE CHILD, PARENT OR OTHER RELATIVE OF THE COMMIT- TED PARTNER. FOR THE PURPOSES OF THIS SECTION, SAME-SEX COMMITTED PART- NERS ARE THOSE WHO ARE FINANCIALLY AND EMOTIONALLY INTERDEPENDENT IN A MANNER COMMONLY PRESUMED OF SPOUSES. S 2. This act shall take effect on the sixtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04526-02-0