What's happening
This bill requires employers in New York to allow employees to maintain health benefits during approved unpaid leave if they pay their share.
Why it matters
Helps prevent loss of health insurance for employees. By ensuring workers can keep their health benefits during approved unpaid leave (if they pay their portion), the bill reduces the risk of losing coverage during critical life events like medical emergencies, caregiving, or family leave.
Applies broadly to public and private sectors. The law would cover both private employers and government agencies with 20 or more employees, extending protections to a significant portion of New York's workforce.
Protects against employer retaliation. The bill explicitly prohibits employers from retaliating against employees for requesting or taking unpaid leave, which could encourage more workers to utilize leave without fear of negative consequences.
Preserves existing rights and benefits. The legislation makes clear it doesn't override, reduce, or interfere with any other employee benefits or leave policies provided by law or contract, ensuring workers don't lose other protections as a result.
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Who cares
Headline styles
Keep Health Benefits on Leave
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to labor
- Referred to labor
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2252
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
Introduced by M. of A. PERRY -- read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to retaining health benefits during approved unpaid leave of absence
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The labor law is amended by adding a new section 201-h to read as follows:
§ 201-h. Maintenance of health benefits during approved leave of absence. 1. Whenever an employer or governmental agency permits an employee to take an approved unpaid leave of absence, such employer shall offer such employee the opportunity to maintain his or her health care benefits, provided that such employee continues to pay his or her employee contribution to such health plan through the employer.
2. For the purposes of this section, the following terms shall have the following meanings:
(a) "Employee" means a person who performs service 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.
(b) "Employer" means a person or entity that employs twenty or more employees at at least one site and includes an individual, corporation, county, town, city, school district, public authority or other governmental subdivision of any kind.
3. An employer shall not retaliate against an employee for requesting or obtaining a leave of absence as provided in this section.
4. The provisions of this section shall not affect or prevent an employer from providing leave in addition to any other leave authorized by law. The provisions of this section shall not affect an employee's rights with respect to any other employee benefit provided by law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07197-01-9
A. 2252 2
5. The provisions of this section shall not affect any other terms of the employer's health care benefits as provided by contract or by law.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
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.