What's happening
This bill establishes the New York Family Leave Act, granting up to 24 weeks of job-protected leave for employees following the birth or adoption of a child.
Why it matters
Broader eligibility and coverage. The bill applies to both public and private sector employees, covering nearly all types of employers with 50 or more employees, including government entities, school districts, and nonprofits. This significantly expands access to family leave beyond what some current laws provide.
Strong job and benefit protections. Employees are guaranteed job protection and continuation of benefits during both the paid and unpaid portions of leave. The act explicitly prohibits employer retaliation and ensures that leave does not count against other accrued leave or diminish employment rights.
Clear definitions and inclusivity. The bill defines the “commencement of the parent-child relationship” to include various adoption scenarios, ensuring adoptive parents are treated equally to biological parents in eligibility for leave.
Insurance continuity during leave. Employees on unpaid leave can maintain their group health insurance by paying premiums, without needing to requalify for coverage once they return, which helps protect families from coverage gaps during critical periods.
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Who cares
Birth and adoptive parents working for covered employers
Employees averaging at least 20 hours a week would receive up to 12 weeks of paid leave and an additional 12 weeks of unpaid leave without demotion, with retaliation prohibited.
Employers with at least 50 employees at one site
The bill would require them to provide birth and adoption leave while preserving pay, benefits and other employment rights during the initial paid period.
State, local government and school district employees
The bill would provide up to 12 weeks of paid leave and 12 additional weeks of unpaid leave for birth or adoption without charging other leave balances.
Group insurers and health coverage providers
The bill would require coverage-continuation provisions allowing employees on the additional unpaid leave to maintain coverage by paying premiums.
Headline styles
Guarantee Paid Family Leave
Plain English, a few words. Used as the page title.
Sponsors
7 Co-sponsors
4 Multi-sponsors
History
- Referred to labor
- Referred to labor
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4947
2017-2018 Regular Sessions
IN ASSEMBLY
February 6, 2017
Introduced by M. of A. SIMOTAS, ROSENTHAL, MONTESANO, TITUS, DINOWITZ, AUBRY, WEPRIN, ROZIC -- Multi-Sponsored by -- M. of A. GLICK, GOTT- FRIED, RA, TITONE -- read once and referred to the Committee on Labor
AN ACT to amend the labor law, the civil service law and the insurance law, in relation to establishing the New York family leave act
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "New York family leave act".
§ 2. The labor law is amended by adding a new section 202-n to read as follows:
§ 202-n. Leave of absence upon the birth or adoption of a child granted to employees. 1. For the purposes of this section, the following terms shall have the following meanings:
(a) "Commencement of the parent-child relationship" shall mean:
(i) When the adoption occurs under sponsorship of an authorized agency, as defined in subdivision ten of section three hundred seventy-one of the social services law, the date the child is placed by the authorized agency in the home of the adoptive parents pursuant to section three hundred eighty-four of the social services law.
(ii) When the adoption occurs without the sponsorship of an authorized agency, the date a petition for the adoption of a child residing with the adoptive parents is filed in a court.
(b) "Employee" means a person who performs services for hire for an employer, for an average of twenty or more hours per week, and includes all individuals employed at any site owned or operated by an employer but shall not include an independent contractor.
(c) "Employer" means a person or entity that employs fifty or more employees at at least one site and includes an individual, corporation, partnership, association, nonprofit organization, group of persons,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04147-01-7
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state, county, town, city, school district, public authority or other governmental subdivision of any kind.
2. (a) An employer shall permit any employee, male or female, to take a leave of absence from employment without loss of pay or diminution of any other privilege, benefit or right arising out of such employment, for up to twelve weeks upon the birth of such employee's child. An adoptive parent, following the commencement of the parent-child relationship, shall be entitled to the same leave and upon the same terms.
(b) In addition to the leave of absence granted in paragraph (a) of this subdivision, an employer shall permit any employee, male or female, to take an additional twelve weeks leave of absence from employment without pay or any other privilege, benefit or right arising out of such employment, but without demotion. An adoptive parent, following the commencement of the parent-child relationship, shall be entitled to the same additional leave and upon the same terms.
3. An employer shall not retaliate against an employee for requesting or obtaining a leave of absence under this section.
4. This section shall not prevent an employer from providing leave upon the birth or adoption of a child in addition to leave allowed under any other provision of law. This section shall not affect an employee's rights with respect to any other employee benefit otherwise provided by law.
5. The commissioner is hereby authorized and directed to establish any necessary guidelines, including requirements for notice, request and approval of leave, and documentation, for the timely implementation of the program.
§ 3. The civil service law is amended by adding a new section 159-d to read as follows:
§ 159-d. Excused leave for the birth or adoption of a child. 1. a. Every public officer, employee of this state, employee of any county, employee of any community college, employee of any public authority, employee of any public benefit corporation, employee of any board of cooperative educational services (BOCES), employee of any vocational education and extension board, or a school district enumerated in section one of chapter five hundred sixty-six of the laws of nineteen hundred sixty-seven, employee of any municipality, employee of any school district or any employee of a participating employer in the New York state and local employees' retirement system or any employee of a participating employer in the New York state teachers' retirement system shall be entitled to have a paid leave of absence from his or her duties or service as such public officer, employee of this state, employee of any county, employee of any community college, employee of any public authority, employee of any public benefit corporation, employee of any board of cooperative educational services (BOCES), employee of any vocational education and extension board, or a school district enumerated in section one of chapter five hundred sixty-six of the laws of nineteen hundred sixty-seven, employee of any municipality, employee of any school district, or any employee of a participating employer in the New York state and local employees' retirement system or any employee of a participating employer in the New York state teachers' retirement system for a sufficient period of time, not to exceed twelve weeks upon the birth of such employee's child, an adoptive parent, following the commencement of the parent-child relationship, shall be entitled to the same leave and upon the same terms.
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b. In addition to the leave of absence granted in paragraph a of this subdivision, every public officer, employee of this state, employee of any county, employee of any community college, employee of any public authority, employee of any public benefit corporation, employee of any board of cooperative educational services (BOCES), employee of any vocational education and extension board, or a school district enumerated in section one of chapter five hundred sixty-six of the laws of nineteen hundred sixty-seven, employee of any municipality, employee of any school district or any employee of a participating employer in the New York state and local employees' retirement system or any employee of a participating employer in the New York state teachers' retirement system shall be entitled to have a period of unpaid leave of absence from his or her duties or service as such public officer, employee of this state, employee of any county, employee of any community college, employee of any public authority, employee of any public benefit corporation, employee of any board of cooperative educational services (BOCES), employee of any vocational education and extension board, or a school district enumerated in section one of chapter five hundred sixty-six of the laws of nineteen hundred sixty-seven, employee of any municipality, employee of any school district, or any employee of a participating employer in the New York state and local employees' retirement system or any employee of a participating employer in the New York state teachers' retirement system for a sufficient period of time, not to exceed an additional twelve weeks upon the birth of such employee's child, an adoptive parent, following the commencement of the parent-child relationship, shall be entitled to the same leave and upon the same terms.
2. The entire period of the leave of absence granted pursuant to this section shall be excused leave and shall not be charged against any other leave such public officer, employee of this state, employee of any county, employee of any community college, employee of any public authority, employee of any public benefit corporation, employee of any board of cooperative educational services (BOCES), employee of any vocational education and extension board, or a school district enumerated in section one of chapter five hundred sixty-six of the laws of nineteen hundred sixty-seven, employee of any municipality, employee of any school district or any employee of a participating employer in the New York state and local employees' retirement system or any employee of a participating employer in the New York state teachers' retirement system is otherwise entitled to.
3. For the purposes of this section, the term "commencement of the parent-child relationship" shall mean:
a. When the adoption occurs under sponsorship of an authorized agency, as defined in subdivision ten of section three hundred seventy-one of the social services law, the date the child is placed by the authorized agency in the home of the adoptive parents pursuant to section three hundred eighty-four of the social services law.
b. When the adoption occurs without the sponsorship of an authorized agency, the date a petition for the adoption of a child residing with the adoptive parents is filed in a court.
§ 4. Subsection (a) of section 3221 of the insurance law is amended by adding a new paragraph 17 to read as follows:
(17) That a group or blanket policy issued pursuant to this article shall contain a provision to the effect that any member of the group who takes a leave of absence as provided for in paragraph (b) of subdivision two of section two hundred two-n of the labor law or paragraph b of
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subdivision one of section one hundred fifty-nine-d of the civil service law may continue to maintain such policy upon the payment of appropriate premiums until such member resumes employment with his or her employer.
§ 5. Section 4305 of the insurance law is amended by adding a new subsection (i) to read as follows:
(i) A group contract issued pursuant to this section shall contain a provision to the effect that in case of any member of the group who takes a leave of absence as provided for in paragraph (b) of subdivision two of section two hundred two-n of the labor law or paragraph b of subdivision one of section one hundred fifty-nine-d of the civil service law, shall be entitled to maintain, without evidence of insurability, upon application therefor and payment of the first premium made to the corporation within an appropriate time after taking such leave of absence, a continuation of such contract, covering such member and his or her eligible dependents who were covered by the group contract until such member resumes employment with his or her employer.
§ 6. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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