Relates to definitions of employees eligible for funeral or bereavement leave

BILL NUMBER:S5130

Title of bill

An act to amend the civil rights law, in relation to definitions of employees eligible for funeral or bereavement leave

Purpose

SUMMARY OF PROVISIONS: Section 1: Amends Civil Rights Law §79-n to include domestic partners, as defined by Public Health Law §2961, as those to whom bereavement leave shall be extended when offered by an employer.

Justification

A recent change in the Civil Rights Law afforded bereavement leave to same-sex committed partners. Same-sex committed partners are defined as "those who are financially and emotionally interdependent in a manner commonly presumed of spouses." While this legislation did provide bereavement leave to a previously unrecognized population, its narrow definition fails to protect the full spectrum to whom these benefits should be extended.

As defined by Public Health Law §2961 (6-a), a "domestic partner" means a person who, with respect to another person: (a) is formally a party in a domestic partnership or similar relationship with the other person, entered into pursuant to the laws of the United States or of any state, local or foreign jurisdiction, or registered 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 formally recognized as a beneficiary or covered person under the other person's employment benefits or health insurance; or (c) 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; signs of intent to marry or become domestic partners under paragraph (a) or (b) of this subdivision; or the length of the personal relationship of the persons..."

Utilizing this definition of "domestic partner" will ensure that all those who were intended to be protected by this original legislation are in fact afforded bereavement benefits. It should be noted that these provisions should not place an undue burden on employers. Rather, they simply extend a benefit provided to current employees.

Legislative history

This is a new bill.

Fiscal implications

None.

Effective date

Immediately.