S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3340
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced by M. of A. STECK -- Multi-Sponsored by -- M. of A. 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
 AIMED AT DEFINING THE EMPLOYEE'S PRECISE NEEDS AND MINIMIZING ANY IMPACT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03981-01-1

 A. 3340                             2
 
 OF THE ACCOMMODATION ON THE EMPLOYEE'S WORK. THIS PROCESS SHOULD IDENTI-
 FY THE PRECISE LIMITATIONS RESULTING FROM THE DISABILITY  AND  POTENTIAL
 REASONABLE ACCOMMODATIONS THAT COULD OVERCOME THOSE LIMITATIONS, INCLUD-
 ING  THE LENGTH OF ANY LEAVE OF ABSENCE PROVIDED FOR IN PARAGRAPH (B) OF
 THIS SUBDIVISION. AS PART OF THE INTERACTIVE  PROCESS,  CONSISTENT  WITH
 THE  PURPOSE  OF  THE  INTERACTIVE  PROCESS, AND TO FACILITATE AGREEMENT
 BETWEEN THE EMPLOYER AND THE EMPLOYEE  AS  TO  THE  REASONABLE  ACCOMMO-
 DATION,  THE  EMPLOYER  MAY REQUEST (1) TO HAVE THE EMPLOYEE'S PHYSICIAN
 RESPOND IN A REASONABLE TIME TO A REASONABLE  NUMBER  OF  NON-BURDENSOME
 QUESTIONS CONCERNING THE EMPLOYEE'S MEDICAL CONDITION OR (2) BE EXAMINED
 BY A MEDICAL DOCTOR OF THE EMPLOYER'S CHOOSING.
   § 2. This act shall take effect immediately.