What's happening
This bill amends New York’s human rights law to require unpaid leave as a reasonable accommodation for employees recovering from episodic disabilities.
Why it matters
Expands protections for workers with episodic disabilities. by explicitly including unpaid leave as a form of “reasonable accommodation,” the bill ensures that employees with conditions that flare up unpredictably (like MS, epilepsy, or mental health disorders) have a legally protected way to recover without risking their jobs.
Sets clear expectations and limits for both employees and employers. the law requires medical documentation and an estimated return date for the leave, which balances the needs of workers with disabilities and the operational concerns of employers, while prohibiting open-ended, indefinite absences.
Requires an interactive process between employer and employee. employers must work collaboratively with the employee to determine accommodations, including the length of leave, and may seek input from the employee’s doctor or request a medical exam, promoting tailored solutions while reducing misunderstandings or disputes.
Reduces ambiguity in the workplace about disability accommodations. by specifying unpaid leave as a reasonable accommodation, the bill clarifies employers’ obligations and employees’ rights, potentially reducing litigation and fostering more consistent, fair treatment across New York workplaces.
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Who cares
Employees with episodic disabilities
The bill would recognize medically necessary unpaid recovery leave as a reasonable accommodation, with medical certification and an approximate return date required and indefinite leave excluded.
Employers
The bill would outline an interactive process for identifying accommodations, including leave length, and allow employers to seek physician responses or an examination by a doctor of their choosing.
- Likely support
Physicians treating employees with disabilities
Their medical certifications would support leave requests, and employers could ask them to answer a reasonable number of non-burdensome questions within a reasonable time.
Headline styles
Add Unpaid Leave for Disabilities
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to governmental operations
- Referred to governmental operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2675
2017-2018 Regular Sessions
IN ASSEMBLY
January 20, 2017
Introduced by M. of A. STECK -- 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 Assembly, 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 disability, 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 indefinite 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.
LBD07688-02-7
A. 2675 2
of the accommodation on the employee's work. This process should identify the precise limitations resulting from the disability and potential reasonable accommodations that could overcome those limitations, including 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 accommodation, 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.