Allows employees to utilize accrued and available sick leave to provide care to immediate family, household members or domestic partners; and defines relevant terms.
TITLE OF BILL: An act to amend the labor law, in relation to allowing employees to utilize sick leave to care for family, household members and domestic partners
PURPOSE OR GENERAL IDEA OF BILL: To grant the right to employees to use sick time for care of a sick family member. This would include a domestic partner.
SUMMARY OF PROVISIONS: The labor law is amended by adding a new section 19. Subdivision 1, a & b provides a definition for domestic partner.
Subdivision 2 provides who should not be defined as a domestic partner.
Subdivision 3 is the definition for sick leave.
Subdivision 4 is the definition of employer under this bill.
Subdivision 5 allows any employee who is granted leave under provisions of the federal Family and Medical Leave Act to use their accrued and available sick leave for such leave. Subdivision 6 grants to any employee working for an employer with fifty or more employees, which provides sick leave for its employees, shall be entitled to utilize their accrued and available sick leave to provide care to immediate family, household members or domestic partners in those medical situations not covered by the federal Family and Medical Leave Act.
Subdivision 7 allows the employee to use sick leave in any calendar year.
§ 2 Nothing in this act shall affect, in any way, bona fide collective bargaining agreements.
§ 3 effective date
Family life is central to society. The ability to care for family members is compromised without some ability to utilize sick leave benefits to care for those family members. Currently, some employees are allowed to use their sick leave to care for immediate family members. This legislation would grant that right to all employees who work for an employer with fifty or more employees. It would give them the option of utilizing sick leave benefits under the federal Family and Medical Leave Act.
In doing this for all families under the legislation, we include domestic partners in recognition of their important role in the furtherance of caring, committed family relationships.
PRIOR LEGISLATIVE HISTORY: 2003: Referred to Labor. 2004: Third Reading. 2005-06: A.2673 passed Assembly. 2007: A2309 Rules. 2008:
A2309 Labor. 2009: referred to Labor, reported referred to Ways and Means. 2011-12 A. 2947: Advanced to third reading cal.579
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Generally fiscally neutral since the sick leave being used is a benefit already granted and not an additional benefit mandated by this legislation. The actual cost in lost time would be dependent on the health of family members.
EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become law; providing however, the provisions of this act shall not supersede any collective bargaining agreement, during its term, in existence on the effective date of this act.
STATE OF NEW YORK ________________________________________________________________________ 7752 IN SENATE June 4, 2014 ___________Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to allowing employees to utilize sick leave to care for family, household members and domestic partners THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The labor law is amended by adding a new section 19 to read as follows: S 19. SICK LEAVE; DOMESTIC PARTNERS. 1. AS USED IN THIS SECTION: "DOMESTIC PARTNER" MEANS A PERSON WHO, WITH RESPECT TO ANOTHER PERSON: (A) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION- SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS- TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY, OR FOREIGN JURISDICTION; OR (B) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO: COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON; SHARED HEALTH OR EMPLOYMENT BENEFIT COVERAGE; SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH (A) OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP OF THE PERSONS. 2. "DOMESTIC PARTNER" SHALL NOT INCLUDE ANY PERSON WHO IS RELATED BY BLOOD TO SUCH OTHER PERSON IN A MANNER THAT WOULD BAR MARRIAGE TO SUCH OTHER PERSON IN NEW YORK STATE. "DOMESTIC PARTNER" ALSO SHALL NOT INCLUDE ANY PERSON WHO IS LESS THAN EIGHTEEN YEARS OF AGE. 3. SICK LEAVE DOES NOT INCLUDE ANY BENEFIT PROVIDED UNDER AN EMPLOYEE WELFARE BENEFIT PLAN SUBJECT TO THE FEDERAL EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 AND DOES NOT INCLUDE ANY INSURANCE BENEFIT, WORK- ERS' COMPENSATION BENEFIT, UNEMPLOYMENT COMPENSATION DISABILITY BENEFIT, OR BENEFIT NOT PAYABLE FROM THE EMPLOYER.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04548-01-3 S. 7752 2
4. "EMPLOYER" MEANS A STATE AGENCY, AN OFFICE OR DEPARTMENT, A UNIT OF LOCAL GOVERNMENT, A SCHOOL DISTRICT, AN INDIVIDUAL, A PARTNERSHIP, AN ASSOCIATION, A CORPORATION OR A NONPROFIT ORGANIZATION, WHICH EMPLOYS FIFTY OR MORE EMPLOYEES IN THE STATE OF NEW YORK. 5. ANY EMPLOYEE WHO HAS BEEN GRANTED A LEAVE OF ABSENCE PURSUANT TO THE PROVISIONS OF THE FEDERAL FAMILY AND MEDICAL LEAVE ACT SHALL BE ENTITLED TO UTILIZE ANY OF SUCH EMPLOYEE'S ACCRUED AND AVAILABLE SICK LEAVE FOR SUCH LEAVE. SUCH LEAVE MAY BE TAKEN IN EITHER FULL DAY OR PARTIAL DAY INCREMENTS. 6. ANY EMPLOYEE WORKING FOR AN EMPLOYER WITH FIFTY OR MORE EMPLOYEES, WHICH PROVIDES SICK LEAVE FOR ITS EMPLOYEES, SHALL BE ENTITLED TO UTILIZE SUCH EMPLOYEE'S ACCRUED AND AVAILABLE SICK LEAVE TO PROVIDE CARE TO IMMEDIATE FAMILY, HOUSEHOLD MEMBERS OR DOMESTIC PARTNERS IN THOSE MEDICAL SITUATIONS NOT COVERED BY THE FEDERAL FAMILY AND MEDICAL LEAVE ACT. SUCH LEAVE MAY BE TAKEN IN EITHER FULL DAY OR PARTIAL DAY INCRE- MENTS. 7. EXCEPT AS OTHERWISE PROVIDED PURSUANT TO A VALID COLLECTIVE BARGAINING AGREEMENT, AN EMPLOYER WHO PROVIDES SICK LEAVE FOR EMPLOYEES SHALL PERMIT AN EMPLOYEE TO USE IN ANY CALENDAR YEAR, SUCH EMPLOYEE'S ACCRUED AND AVAILABLE SICK LEAVE PURSUANT TO THIS SECTION. S 2. Nothing in this act shall be construed to impede, infringe or diminish the rights and benefits which accrue to employees through bona fide collective bargaining agreements, or otherwise diminish the integ- rity of existing collective bargaining agreements and other past prac- tices. S 3. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided however, the provisions of this act shall not supersede any collective bargaining agreement, during its term, in existence on the effective date of this act.