What's happening
This bill expands paid family leave benefits in New York to include leave for employees caring for military family members.
Why it matters
Wider protections for military families. The bill ensures paid family leave for employees caring for military family members, including not just those on active duty, but also veterans undergoing medical treatment within five years of leaving service. This recognizes the long-term impact of military service on families and expands who can benefit.
More flexibility for caregivers. It allows employees to take up to 26 weeks of leave per year, per covered servicemember or veteran, and permits intermittent leave as needed. This flexibility is crucial for caregivers who may need to attend to ongoing or unpredictable medical needs.
Mandatory inclusion, overriding union opt-out. Unlike other paid family leave benefits that can be opted out of via collective bargaining, this bill mandates that coverage for military family caregivers cannot be waived by union agreements. This guarantees that all eligible employees receive these benefits, regardless of union negotiations.
Expanded eligibility and definitions. The bill clarifies and broadens definitions of covered servicemembers and eligible family relationships, including next of kin and those in the National Guard or Reserves, ensuring more families are covered under the law.
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Who cares
Headline styles
Expand Leave for Military Families
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 8
No co-sponsors yet.
History
- Referred to labor
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7223
IN SENATE
January 10, 2020
Introduced by Sen. BROOKS -- 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 family medical leave and military families
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 15 of section 201 of the workers' compensation law, as added by section 2 of part SS of chapter 54 of the laws of 2016, is amended to read as follows:
15. "Family leave" shall mean any leave taken by an employee from work: (a) to participate in providing care, including physical or psychological care, for a family member of the employee made necessary by a serious health condition of the family member; or (b) to bond with the employee's child during the first twelve months after the child's birth, or the first twelve months after the placement of the child for adoption or foster care with the employee; or (c) because of any qualifying exigency [as interpreted under the family and medical leave act, 29 U.S.C.S § 2612(a)(1)(e) and 29 C.F.R. S.825.126(a)(1)-(8),] arising out of the fact that the spouse, domestic partner, child, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the armed forces of the United States.
§ 2. Subdivision 3 of section 212-b of the workers' compensation law, as added by section 14 of part SS of chapter 54 of the laws of 2016, is amended to read as follows:
3. (a) An employee organization may, pursuant to collective bargaining, opt in to paid family leave benefits on behalf of those public employees it is either certified or recognized to represent, within the meaning of article fourteen of the civil service law. Nothing in this section shall prohibit an agreement to opt in to paid family leave between the employee organization and any public employer. An employee organization that has opted in to paid family leave benefits may, pursuant to collective bargaining, opt out of it as is mutually agreed upon between the employee organization and any public employer.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13937-01-9
S. 7223 2
[b.] (b) For public employees who are not represented by an employee organization, the public employer may opt-in to paid family leave benefits within ninety days notice to such public employees. Following optin by a public employer for public employees not represented by an employee organization, the public employer may opt-out of paid family leave benefits with twelve months notice to those public employees.
(c) (i) Notwithstanding the provisions of this section, every employer shall provide paid family leave benefits to the spouse, domestic partner, child, or parent of the employee who is on active duty (or has been notified of an impending call or order to active duty) in the armed forces, national guard or reserves in accordance with the applicable provisions of this article.
(ii) A covered servicemember or veteran is an eligible employee's spouse, parent, son, daughter, or next of kin who is a member of the armed forces, national guard or reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness that was incurred by the member in the line of duty on active duty in the armed forces (or existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the armed forces); or a veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness and who was a member of the armed forces (including a member of the national guard or reserves) at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. Leave is available on an intermittent basis, as necessary.
(iii) Eligible employees are allowed up to twenty-six weeks of leave in a single twelve-month period per covered servicemember or veteran per injury. The twelve-month period must be measured forward from the start date of the first use of military caregiver leave. Additional periods of up to twenty-six weeks of leave may be taken in subsequent twelvemonth periods to care for a different servicemember or veteran or to care for the same servicemember or veteran who has a subsequent serious illness or injury. A husband and wife, who are both employed by the same public employer, are limited to a combined twenty-six weeks of military caregiver leave in a single twelve-month period per servicemember or veteran, per injury.
(iv) An employee organization representing such employees may not opt-out of such coverage pursuant to a collective bargaining agreement.
§ 3. This act shall take effect immediately.
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 family medical leave and military families
Purpose
To make military family leave available to all active duty military members through their employers.
Summary of provisions
Section 1. amends subdivision 15 of section 201 of the workers' compen- sation law by striking old standards for "qualifying exigencies" under 29 U.S.C. § 2612(a)(1)(e) and 29 C.F.R. S.825.126(a)(1)-(8).
Section 2. amends subdivision 3 of section 212-b of the workers' compen- sation law by requiring all employers to provide paid family leave bene- fits to the spouses, domestic partners, children, or parents of employ- ees on active duty in the armed forces, national guard or reserves.
Section 3. is the enacting clause.
Justification
Current standards governing family leave benefits do not take into account the particular needs of many military families. At any moment, military members in the national guard or reserves can be called to duty for several months with little notice. In addition, military members face grave risk of injury in the course of their regular duties and often require the aid, comfort and care of their family members. Mili- tary families' need for paid leave is not diminished by which branch of the military servicemembers belong to, nor the location they are called to serve in. This bill will compel all employers to provide family leave benefits and set the standard as active duty anywhere in the armed forc- es, National Guard and reserves.
Fiscal implications
None to the state.
Local fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.