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A5875Assembly2019-2020 SessionSame asS3821

Paid Leave for Religious Teachers

Official title

“Relates to the eligibility for New York state paid family leave benefits by persons engaged in a teaching capacity in a religious institution”

Sponsor Michael CusickAD-63+1 co-sponsorAffects Economy
Status
In Assembly Committee
Labor
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Labor

What's happening

This bill makes teachers at religious institutions eligible for New York State paid family leave benefits.

Why it matters

  1. Expands paid family leave protections to a previously excluded group. By making teachers at religious institutions eligible, the bill closes a gap that left these educators without the same family leave benefits as their public and secular private school counterparts.

  2. Reduces disparities in workplace benefits based on employer type. The current law excluded those in a teaching capacity at religious institutions from coverage; this change promotes greater equity in New York's employee protections regardless of the religious or secular nature of the workplace.

  3. May have financial and administrative implications for religious organizations. Religious institutions employing teachers may now face new requirements to provide paid family leave coverage, potentially impacting budgeting, payroll, and human resources practices.

  4. Could improve teacher recruitment and retention at religious schools. Access to paid family leave is a valued benefit and may help religious institutions compete for qualified educators, supporting workforce stability and well-being.

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Who cares

Headline styles

Paid Leave for Religious Teachers

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Michael Cusick

Assembly Member · Assembly District 63

1 Co-sponsor

History

  1. Referred to labor
  2. Referred to labor

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S3821Senate

Expand Paid Leave for Religious Teachers

In Senate Committee · Rules · Sponsor Diane J. Savino

Impact 5 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5875

2019-2020 Regular Sessions

IN ASSEMBLY

February 20, 2019

Introduced by M. of A. CUSICK -- read once and referred to the Committee on Labor

AN ACT to amend the workers' compensation law, in relation to eligibility for New York state paid family leave benefits by persons engaged in a teaching capacity in a religious institution

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Group 18 of subdivision 1 of section 3 of the workers' compensation law, as amended by chapter 260 of the laws of 1972, is amended to read as follows:

Group 18. All other employments, except persons engaged in a [teaching or] nonmanual capacity in or for a religious, charitable or educational institution, notwithstanding the definition of employment in subdivision five of section two, not hereinbefore enumerated, carried on by any person, firm or corporation in which there are engaged or employed one or more employees regularly, in the same business or in or about the same establishment either upon the premises or at the plant or away from the plant of the employer, under any contract of hire, express or implied, oral or written, except farm laborers and domestics other than those within the coverage of this chapter pursuant to groups fourteen-b and twelve respectively of this subdivision, unless the employer has elected to bring such employees under the law by securing compensation in accordance with the terms of section fifty of this chapter and persons engaged in voluntary service not under contract of hire. A duly ordained, commissioned or licensed minister, priest or rabbi, a sexton, a christian science reader, or a member of a religious order, shall not be deemed to be employed or engaged in employment under the terms of this section. Recipients of charitable aid from a religious or charitable institution who perform work in or for the institution which is incidental to or in return for the aid conferred, and not under any express contract of hire, shall not be deemed to be employed or engaged

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD06039-01-9

A. 5875 2

in employment under the terms of this section. All persons who are members of a supervised amateur athletic activity operated on a non-profit basis shall not be deemed to be employed or engaged in employment under the terms of this section, provided that said members are not also otherwise engaged or employed by any person, firm or corporation participating in said athletic activity. The terms "religious, charitable or educational institution" mean a corporation, unincorporated association, community chest, fund or foundation organized and operated exclusively for religious, charitable or educational purposes, no part of the net earnings of which inure to the benefit of any private shareholder or individual.

§ 2. The opening paragraph of subdivision 5 of section 201 of the workers' compensation law, as amended by chapter 481 of the laws of 2010, is amended to read as follows:

"Employee" means a person engaged in the service of an employer in any employment defined in subdivision six of this section, except a minor child of the employer, except a duly ordained, commissioned, or licensed minister, priest or rabbi, a sexton, a christian science reader, or member of a religious order, or an executive officer of a corporation who at all times during the period involved owns all of the issued and outstanding stock of the corporation and holds all of the offices pursuant to paragraph (e) of section seven hundred fifteen of the business corporation law or two executive officers of a corporation who at all times during the period involved between them own all of the issued and outstanding stock of such corporation and hold all such offices provided, however, that each officer must own at least one share of stock, except as provided in section two hundred twelve of this article, or an executive officer of an incorporated religious, charitable or educational institution, or persons engaged in a professional [or teaching] capacity in or for a religious, charitable or educational institution, or volunteers in or for a religious, charitable or educational institution, or persons participating in and receiving rehabilitative services in a sheltered workshop operated by a religious, charitable or educational institution under a certificate issued by the United States department of labor, or recipients of charitable aid from a religious or charitable institution who perform work in or for the institution which is incidental to or in return for the aid conferred, and not under an express contract of hire. The terms "religious, charitable or educational institution" mean a corporation, unincorporated association, community chest, fund or foundation organized and operated exclusively for religious, charitable or educational purposes, no part of the net earnings of which inure to the benefit of any private shareholder or individual.

§ 3. This act shall take effect on the thirtieth 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.