What's happening
The bill requires public employers in New York who opt out of paid family leave to instead provide up to twelve weeks of paid parental leave at 67% of wages.
Why it matters
Closes a loophole for public employers. Previously, public employers could opt out of the state’s paid family leave program without guaranteeing any comparable benefit. This bill ensures public employees still have access to paid parental leave if their employer opts out, preventing gaps in coverage.
Standardizes minimum leave benefits. By setting a clear minimum—up to twelve weeks of paid parental leave at 67% of wages—it creates a statewide floor for parental leave among public workers, reducing disparities across different public employers.
Protects family financial stability. Ensuring at least partial wage replacement during parental leave helps public employees care for new children without sacrificing significant income, supporting family well-being and retention in the public workforce.
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Who cares
Headline styles
Guarantee Parental Leave for Employees
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to labor
- 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.
Guarantee Parental Leave for Workers
In Assembly Committee · Labor · Sponsor Jenifer Rajkumar
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1193
2025-2026 Regular Sessions
IN SENATE
January 8, 2025
Introduced by Sen. ADDABBO -- 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 requiring public employers who opt out of providing paid family leave benefits to provide parental leave in the alternative
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 212-b of the workers' compensation law is amended by adding a new paragraph (c) to read as follows:
(c) Notwithstanding any other provision of law to the contrary, if a public employer chooses to opt out of paid family leave benefits pursuant to paragraph b of this subdivision, then such public employer shall be required to offer parental leave to its employees for a period not to exceed twelve weeks during any fifty-two week calendar period. Employers shall pay employees on parental leave a rate of sixty-seven percent of the employee's average weekly wage but shall not exceed sixty-seven percent of the New York state average weekly wage in effect.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01432-01-5
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 requiring public employers who opt out of providing paid family leave benefits to provide parental leave in the alternative
Purpose
To require public employers who opt out of providing paid family leave benefits to provide paternity leave in the alternative
Summary of provisions
Section 1. Subdivision 3 of section 212-b of the workers' compensation law is amended by adding a new paragraph (c) to read as follows:
(c) Notwithstanding any other provision of law to the contrary, if a public employer chooses to opt out of paid family leave benefits pursu- ant to paragraph b of this subdivision, then such public employer shall be required to offer paternity leave to its employees for a period not to exceed twelve weeks during any fifty-two week calendar period. Employers shall pay employees on paternity leave a rate of sixty-seven percent of the employee's average weekly wage. but shall not exceed sixty-seven percent of the New York state average weekly wage in effect.
Section 2 is the effective date.
Justification
New York State designed Paid Family Leave to be easy for employers to implement. Since its creation, there has been a lack of equity and equality when it comes to an employee's options for parental leave.
Legislative history
2022: S.8211 - Reported and Committed to Finance
2023: 5.1668 - Referred to Senate Labor Committee
2024: S.1668 - Referred to Senate Labor Committee
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.