BILL NUMBER:S5130

TITLE OF BILL:
An act
to amend the civil rights law, in relation to definitions of employees
eligible for funeral or bereavement leave

PURPOSE:

SUMMARY OF PROVISIONS:
Section 1: Amends Civil Rights Law §79-n to include domestic partners,
as defined by Public Health Law §2961, as those to whom bereavement
leave shall be extended when offered by an employer.

JUSTIFICATION:
A recent change in the Civil Rights Law afforded bereavement leave to
same-sex committed partners. Same-sex committed partners are defined
as "those who are financially and emotionally interdependent in a
manner commonly presumed of spouses." While this legislation did
provide bereavement leave to a previously unrecognized population,
its narrow definition fails to protect the full spectrum to whom
these benefits should be extended.

As defined by Public Health Law §2961 (6-a), a "domestic partner"
means a person who, with respect to another person: (a) is formally a
party in a domestic partnership or similar relationship with the
              

other person, entered into pursuant to the laws of the United States
or of any state, local or foreign jurisdiction, or registered as the
domestic partner of the other person with any registry maintained by
the employer of either party or any state, municipality, or foreign
jurisdiction; or (b) is formally recognized as a beneficiary or
covered person under the other person's employment benefits or health
insurance; or (c) is dependent or mutually interdependent on the
other person for support, as evidenced by the totality of the
circumstances indicating a mutual intent to be domestic partners
including but not limited to: common ownership or joint leasing of
real or personal property; common householding, shared income or
shared expenses; children in common; signs of intent to marry or
become domestic partners under paragraph (a) or (b) of this
subdivision; or the length of the personal relationship of the
persons..."

Utilizing this definition of "domestic partner" will ensure that all
those who were intended to be protected by this original legislation
are in fact afforded bereavement benefits. It should be noted that
these provisions should not place an undue burden on employers.
Rather, they simply extend a benefit provided to current employees.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.