Assembly Bill A297

2019-2020 Legislative Session

Establishes unpaid leave of absence as a reasonable accommodation under the state's human rights law

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A297 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §292, Exec L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8401
2015-2016: A740
2017-2018: A2675
2021-2022: A3340
2023-2024: A4300

2019-A297 (ACTIVE) - Summary

Establishes unpaid leave of absence as a reasonable accommodation under the state's human rights law.

2019-A297 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    297
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. STECK, GOTTFRIED -- read once and referred to the
   Committee on Governmental Operations
 
 AN  ACT  to  amend  the  executive  law,  in relation to unpaid leave of
   absence as a reasonable accommodation under the state's  human  rights
   law

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 21-e of section 292 of the  executive  law,  as
 amended  by  chapter  369  of  the  laws  of 2015, is amended to read as
 follows:
   21-e. (A) The term  "reasonable  accommodation"  means  actions  taken
 which permit an employee, prospective employee or member with a disabil-
 ity, or a pregnancy-related condition, to perform in a reasonable manner
 the  activities  involved  in  the  job or occupation sought or held and
 include, but are not limited to, provision of  an  accessible  worksite,
 acquisition  or  modification of equipment, support services for persons
 with impaired hearing or vision, job  restructuring  and  modified  work
 schedules;  provided,  however, that such actions do not impose an undue
 hardship on the business, program or enterprise of the entity from which
 action is requested.
   (B) THE TERM "REASONABLE ACCOMMODATION"  SHALL  ALSO  MEAN  AN  UNPAID
 LEAVE  OF  ABSENCE  TO  ALLOW  AN  EMPLOYEE  TO RECOVER FROM AN EPISODIC
 MANIFESTATION OF A DISABILITY, PROVIDED THAT THE EMPLOYEE  PROVIDES  THE
 EMPLOYER  WITH  MEDICAL  CERTIFICATION  THAT  SUCH  LEAVE  OF ABSENCE IS
 MEDICALLY NECESSARY FOR THAT PURPOSE AND ADVISES  THE  EMPLOYER  OF  THE
 APPROXIMATE DATE THE EMPLOYEE WILL BE ABLE TO RETURN TO WORK. AN INDEFI-
 NITE LEAVE OF ABSENCE IS NOT PERMISSIBLE UNDER THIS SUBDIVISION.
   (C)  TO  DETERMINE THE APPROPRIATE REASONABLE ACCOMMODATION, IT MAY BE
 NECESSARY FOR THE COVERED ENTITY TO INITIATE  AN  INFORMAL,  INTERACTIVE
 PROCESS  WITH  THE INDIVIDUAL WITH A DISABILITY IN NEED OF ACCOMMODATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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