Text of NY A 9191 (2004)

Skip to main content New York State Assembly Speaker Carl E. Heastie Assembly Members Legislative Info Public Hearings Speaker's Press Assembly Reports Committees & More Bill Search Home Laws Legislative Calendar Public Hearing Schedule Assembly Calendars Assembly Committee Agenda Javascript must be enabled to properly view this page. Bill No.: Summary Actions Floor Votes Memo Text A09191 Summary: BILL NOA09191A SAME ASNo same as SPONSORRules (Glick) COSPNSRJohn, Eddington, Lavelle, Norman, Green, Seddio, Dinowitz, Millman, Hoyt, Ortiz, Aubry, Colton,Farrell, Gottfried, Gunther A, Lifton, McEneny, Pheffer, Weinstein, Weisenberg MLTSPNSR Add S19, Lab L Allows employees to utilize accrued and available sick leave to provide care to immediate family, household members or domestic partners; and defines relevant terms.Go to top A09191 Text: STATE OF NEW YORK ________________________________________________________________________ 9191--A 2003-2004 Regular Sessions IN ASSEMBLY October 8, 2003 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Glick, John, Eddington, Lavelle, Norman, Green, Seddio, Dinowitz, Millman, Hoyt, Ortiz, Aubry, Colton, Farrell, Gottfried, A. Gunther, Lifton, McEneny, Pheffer, Weinstein, Weisenberg) -- read once and referred to the Committee on Labor -- recommitted to the Committee on Labor in accord- ance with Assembly Rule 3, sec. 2 -- reported and referred to the Committee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules AN ACT to amend the labor law, in relation to allowing employees to utilize sick leave to care for family, household members and domestic partners The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The labor law is amended by adding a new section 19 to 2 read as follows: 3 § 19. Sick leave; domestic partners. 1. As used in this section: 4 "domestic partner" means a person who, with respect to another person: 5 (a) is formally a party in a domestic partnership or similar relation- 6 ship with the other person, entered into pursuant to the laws of the 7 United States or of any state, local or foreign jurisdiction, or regis- 8 tered as the domestic partner of the other person with any registry 9 maintained by the employer of either party or any state, municipality, 10 or foreign jurisdiction; or 11 (b) is dependent or mutually interdependent on the other person for 12 support, as evidenced by the totality of the circumstances indicating a 13 mutual intent to be domestic partners including but not limited to: 14 common ownership or joint leasing of real or personal property; common 15 householding, shared income or shared expenses; children in common; 16 shared health or employment benefit coverage; signs of intent to marry 17 or become domestic partners under paragraph (a) of this subdivision; or 18 the length of the personal relationship of the persons. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15446-03-4 A. 9191--A 2 1 2. "Domestic partner" shall not include any person who is related by 2 blood to such other person in a manner that would bar marriage to such 3 other person in New York state. "Domestic partner" also shall not 4 include any person who is less than eighteen years of age. 5 3. Sick leave does not include any benefit provided under an employee 6 welfare benefit plan subject to the federal Employee Retirement Income 7 Security Act of 1974 and does not include any insurance benefit, work- 8 ers' compensation benefit, unemployment compensation disability benefit, 9 or benefit not payable from the employer. 10 4. "Employer" means a state agency, an office or department, a unit of 11 local government, a school district, an individual, a partnership, an 12 association, a corporation or a nonprofit organization, which employs 13 fifty or more employees in the state of New York. 14 5. Any employee who has been granted a leave of absence pursuant to 15 the provisions of the federal family and medical leave act shall be 16 entitled to utilize any of such employee's accrued and available sick 17 leave for such leave. Such leave may be taken in either full day or 18 partial day increments. 19 6. Any employee working for an employer with fifty or more employees, 20 which provides sick leave for its employees, shall be entitled to 21 utilize such employee's accrued and available sick leave to provide care 22 to immediate family, household members or domestic partners in those 23 medical situations not covered by the federal family and medical leave 24 act. Such leave may be taken in either full day or partial day incre- 25 ments. 26 7. Except as otherwise provided pursuant to a valid collective 27 bargaining agreement, an employer who provides sick leave for employees 28 shall permit an employee to use in any calendar year, such employee's 29 accrued and available sick leave pursuant to this section. 30 § 2. Nothing in this act shall be construed to impede, infringe or 31 diminish the rights and benefits which accrue to employees through bona 32 fide collective bargaining agreements, or otherwise diminish the integ- 33 rity of existing collective bargaining agreements and other past prac- 34 tices. 35 § 3. This act shall take effect on the one hundred twentieth day after 36 it shall have become a law; provided however, the provisions of this act 37 shall not supersede any collective bargaining agreement, during its 38 term, in existence on the effective date of this act. Go to top Sitemap Request Information Directions and Maps