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S323Senate2019-2020 SessionSame asA3821

Employers Can't Fund Leave Costs

Official title

“Prohibits any funding of the administrative costs of the state's paid family leave program by employers”

Sponsor Fredrick J. Akshar IISD-52Affects Economy
Status
In Senate Committee
Labor
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Labor

What's happening

This bill amends the law to prohibit employers from funding any administrative costs of New York's paid family leave program.

Why it matters

  1. Shifts all administrative costs of New York's paid family leave program away from employers, potentially leading to these costs being covered solely by employees or the state. This could affect how much employees have deducted from their paychecks or how the program is managed.

  2. May lower direct expenses for businesses, especially small employers, by ensuring they are not responsible for any part of the program’s administrative overhead. This could impact hiring, retention, or employer willingness to participate in the program.

  3. Could prompt changes in how the state or insurers set employee contribution rates, since all funding for both benefits and administrative costs must come from non-employer sources. This may influence the program’s financial sustainability or employee take-home pay.

  4. Alters the balance of responsibility in funding social insurance programs, raising broader questions about who should bear the costs of administering public benefit programs—employers, employees, or taxpayers.

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Who cares

Headline styles

Employers Can't Fund Leave Costs

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

Sponsors

Primary sponsor
Fredrick J. Akshar II

Senator · Senate District 52

No co-sponsors yet.

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.

A3821Assembly

Stop Employers Funding Leave Admin

In Assembly Committee · Labor · Sponsor John T. McDonald III

Impact 5 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

323

2019-2020 Regular Sessions

IN SENATE (Prefiled)

January 9, 2019

Introduced by Sen. AKSHAR -- read twice and ordered printed, and when printed to be committed to the Committee on Labor

AN ACT to amend the workers' compensation law, in relation to prohibiting any funding of the administrative costs of the state's paid family leave program by employers

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

Section 1. Paragraph (b) of subdivision 3 of section 209 of the workers' compensation law, as added by section 10 of part SS of chapter 54 of the laws of 2016, is amended to read as follows:

(b) Family leave benefits. On June first, two thousand seventeen and annually thereafter on September first, the superintendent of financial services shall set the maximum employee contribution, using sound actuarial principles and the reports provided in section two hundred eight of this article. No employer shall be required to fund any portion of the family leave benefit or any administrative costs associated with such benefit.

§ 2. This act shall take effect immediately.

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

[ ] is old law to be omitted.

LBD00464-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the workers' compensation law, in relation to prohibiting any funding of the administrative costs of the state's paid family leave program by employers

Purpose or general idea of bill

This bill is intended to ensure that employers are not forced to pay any of the costs related to the state's paid family leave program, including the costs of implementing the program.

Summary of specific provisions

Section 1 amends Workers Compensation Law S 209(3) by adding language to provide that no employer shall be required to fund any portion of the family leave benefit or any administrative costs associated with such benefit.

Section 2 lists the effective date.

Justification

As part of the state's 2016-17 budget, New York State created the paid family leave program. Under this program, all employees in the state will be entitled to 8 weeks of paid leave, increasing to 12 weeks of leave when the program is fully implemented in 2021.

The Governor and the Legislature agreed that this program will be funded via a minimal weekly employee payroll withholding, and that none of the program's costs will be borne by employers. This legislation shall ensure that employers will not pay any of the costs related to the state's family leave benefit.

Legislative history

2018 - S.1993: Advanced to 3rd Reading 2017 - S.1993: Passed Senate 2016 - S.7950: Passed Senate

Fiscal implications

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.