 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6744
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 8, 2023
                                       ___________
 
        Introduced  by  M.  of A. SLATER, MANKTELOW -- read once and referred to
          the Committee on Labor
 
        AN ACT to amend the workers' compensation law,  in  relation  to  family
          leave
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The workers' compensation law is amended by  adding  a  new
     2  section 203-d to read as follows:
     3    §  203-d.  Paid time off and leave use under a covered employer. Under
     4  no circumstances may a covered employer require  an  employee  use  paid
     5  time off or any other accrued time before using or being eligible to use
     6  family  leave  as  defined in subdivision fifteen of section two hundred
     7  one of this article.
     8    § 2. Subdivision 15 of section 201 of the workers'  compensation  law,
     9  as  added  by section 2 of part SS of chapter 54 of the laws of 2016, is
    10  amended to read as follows:
    11    15. "Family leave" shall mean any leave  taken  by  an  employee  from
    12  work:    (a)  to  participate  in  providing care, including physical or
    13  psychological care, for a family member of the employee  made  necessary
    14  by  a serious health condition of the family member; or (b) to bond with
    15  the employee's child during the first twelve months  after  the  child's
    16  birth,  or  the first twelve months after the placement of the child for
    17  adoption or foster care with the employee; or (c) because of any  quali-
    18  fying exigency as interpreted under the family and medical leave act, 29
    19  U.S.C.S  §  2612(a)(1)(e) and 29 C.F.R. S.825.126(a)(1)-(8), arising out
    20  of the fact that the spouse, domestic partner, child, or parent  of  the
    21  employee is on active duty (or has been notified of an impending call or
    22  order  to  active  duty) in the armed forces of the United States, which
    23  includes being called  to  active  duty  within  the  contiguous  United
    24  States, Hawaii, Alaska, or any U.S.  territory.
    25    § 3. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10782-01-3
Relates to family leave

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