S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8401

                          I N  A S S E M B L Y

                            January 15, 2014
                               ___________

Introduced  by M. of A. STECK -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the executive  law,  in  relation  to  unpaid  leave  of
  absence  as  a reasonable accommodation under the state's human rights
  law

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  21-e of section 292 of the executive law, as
added by chapter 269 of the laws of 1997, is amended to read as follows:
  21-e. (A) The term  "reasonable  accommodation"  means  actions  taken
which permit an employee, prospective employee or member with a disabil-
ity to perform in a reasonable manner the activities involved in the job
or  occupation  sought  or  held  and  include,  but are not limited to,
provision of an accessible  worksite,  acquisition  or  modification  of
equipment, support services for persons with impaired hearing or vision,
job  restructuring  and modified work schedules; provided, however, that
such actions do not impose an undue hardship on the business, program or
enterprise of the entity from which action is requested.
  (B) THE TERM "REASONABLE ACCOMMODATION"  SHALL  ALSO  MEAN  AN  UNPAID
LEAVE  OF  ABSENCE  TO  ALLOW  AN  EMPLOYEE  TO RECOVER FROM AN EPISODIC
MANIFESTATION OF A DISABILITY, PROVIDED THAT THE EMPLOYEE  PROVIDES  THE
EMPLOYER  WITH  MEDICAL  CERTIFICATION  THAT  SUCH  LEAVE  OF ABSENCE IS
MEDICALLY NECESSARY FOR THAT PURPOSE AND ADVISES  THE  EMPLOYER  OF  THE
APPROXIMATE DATE THE EMPLOYEE WILL BE ABLE TO RETURN TO WORK. AN INDEFI-
NITE LEAVE OF ABSENCE IS NOT PERMISSIBLE UNDER THIS SUBDIVISION.
  (C)  TO  DETERMINE THE APPROPRIATE REASONABLE ACCOMMODATION, IT MAY BE
NECESSARY FOR THE COVERED ENTITY TO INITIATE  AN  INFORMAL,  INTERACTIVE
PROCESS  WITH  THE INDIVIDUAL WITH A DISABILITY IN NEED OF ACCOMMODATION
AIMED AT DEFINING THE EMPLOYEE'S PRECISE NEEDS AND MINIMIZING ANY IMPACT
OF THE ACCOMMODATION ON THE EMPLOYEE'S WORK. THIS PROCESS SHOULD IDENTI-
FY THE PRECISE LIMITATIONS RESULTING FROM THE DISABILITY  AND  POTENTIAL
REASONABLE ACCOMMODATIONS THAT COULD OVERCOME THOSE LIMITATIONS, INCLUD-
ING  THE LENGTH OF ANY LEAVE OF ABSENCE PROVIDED FOR IN PARAGRAPH (B) OF
THIS SUBDIVISION. AS PART OF THE INTERACTIVE  PROCESS,  CONSISTENT  WITH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

A                                                          LBD13264-01-3

A. 8401                             2

THE  PURPOSE  OF  THE  INTERACTIVE  PROCESS, AND TO FACILITATE AGREEMENT
BETWEEN THE EMPLOYER AND THE EMPLOYEE  AS  TO  THE  REASONABLE  ACCOMMO-
DATION,  THE  EMPLOYER  MAY REQUEST (1) TO HAVE THE EMPLOYEE'S PHYSICIAN
RESPOND  IN  A  REASONABLE TIME TO A REASONABLE NUMBER OF NON-BURDENSOME
QUESTIONS CONCERNING THE EMPLOYEE'S MEDICAL CONDITION OR (2) BE EXAMINED
BY A MEDICAL DOCTOR OF THE EMPLOYER'S CHOOSING.
  S 2. This act shall take effect immediately.