What's happening
This bill extends New York State paid family leave benefits eligibility to teachers at religious institutions.
Why it matters
Expanding coverage to religious school teachers ensures these employees can access the same paid family leave benefits as teachers in public and private non-religious schools. , potentially improving equity and job satisfaction within the education sector.
Religious institutions may face new financial and administrative responsibilities. as they will now be required to comply with paid family leave laws for their teaching staff, which may impact budgets and operational planning.
The change could influence recruitment and retention at religious schools. , making them more competitive employers by offering benefits comparable to other educational institutions, which may help attract and keep qualified teachers.
By removing exemptions based on teaching capacity in religious settings, the bill clarifies and modernizes labor protections. , signaling a shift toward broader worker rights regardless of the employer’s religious affiliation.
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Who cares
Headline styles
Expand Paid Leave for Religious Teachers
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.165
- Referred to labor
- Returned to senate
- Died in assembly
- Referred to labor
- Delivered to assembly
- Passed senateVote 55–7
- Advanced to third reading
- 2nd report cal.
Show 2 earlier actions
- 1st report cal.637
- 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.
Paid Leave for Religious Teachers
In Assembly Committee · Labor · Sponsor Michael Cusick
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3821
2019-2020 Regular Sessions
IN SENATE
February 15, 2019
Introduced by Sen. SAVINO -- 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 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
S. 3821 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.
Sponsor's memo
Title of bill
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
Purpose
Makes teachers in a religious, charitable or educational institution eligible for the NYS Paid Family Leave benefits
Summary of provisions
Section 1 amends Group 18 of subdivision 1 of section 3 of the workers compensation law removing the prohibition for those teaching in a reli- gious, charitable or educational institution
Section 2 amends the opening paragraph of subdivision 5 of section 201 of the workers' compensation law to remove teacher in a religious, char- itable or educational institution from those barred by definition from certain benefits
Existing law
The following employees, even if in the employment of a covered employ- er, are exempt from the new law: *ordained, commissioned, or licensed ministers, priests, or rabbis; sexton, Christian science reader, or member of a religious order; * minor child; *executive officer of a company who owns all of the issued and outstand- ing stock of the corporation; *executive officer of an incorporated religious, charitable, or educa- tional institution; *persons engaged in a professional, teaching, or volunteering capacity in or for religious, charitable, or educational institutions; *persons participating in and receiving rehabilitative services in a sheltered workshop operated by a religious, charitable, or educational institution under a certification issued by the United States Department of Labor; *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 express contract of hire.
Justification
In 2016, Governor Cuomo signed the nation's strongest and most compre- hensive Paid Family Leave policy into law. The law went into effect on January 1, 2018. Employees in New York State no longer have to choose between caring for their loved ones and risking their economic security - unless these employees are teachers at a religious institution. In these challenging economic times it is becoming increasingly difficult to raise and care for a family. More so than ever, both parents must now deal with the responsibilities of a job on top of their family obli- gations elderly family member are major events that demand a great amount of time and devotion. Under the new paid family leave law, many workers are automatically covered by a benefit allowing them to take an absence from work to dedicate the necessary attention to provide their family with the proper care. There is no justification for withholding automatic coverage for these benefits from teachers in religious insti- tution
Legislative history
2018 Session: New Bill - S.8650 - referred to Labor, no further action
Fiscal implications
None to state, localities or employers since the benefit is funded through employee contributions to the fund
Effective date
Thirty days after becoming law
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.