NY State Senate Bill 2017-S8650

Senate Bill S8650

2017-2018 Legislative Session

Relates to the eligibility for New York state paid family leave benefits by persons engaged in a teaching capacity in a religious institution

download bill text pdf

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2018	referred to labor

co-Sponsors

2017-S8650 (ACTIVE) - Details

See Assembly Version of this Bill:: A9937
Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §§3 & 201, Work Comp L
Versions Introduced in 2019-2020 Legislative Session:: S3821, A5875

2017-S8650 (ACTIVE) - Summary

Relates to the eligibility for New York state paid family leave benefits by persons engaged in a teaching capacity in a religious institution.

2017-S8650 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8650

SPONSOR: SAVINO
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to eligibil-
ity for New York state paid family leave benefits by persons engaged in
a teaching capacity in a religious institution

 
PURPOSE:

Makes teachers in a religious, charitable or educational institution
eligible for the NYS Paid Family Leave benefits

 
SUMMARY OF PROVISIONS:

Section 1 amends Group 18 of subdivision 1 of section 3 of the workers
compensation law removing the prohibition for those teaching in a reli-
gious, charitable or educational institution

Section 2 amends the opening paragraph of subdivision 5 of section 201

of the workers' compensation law to remove teacher in a religious, char-
itable or educational institution from those barred by definition from
certain benefits

 
EXISTING LAW:

The following employees, even if in the employment of a covered employ-
er, are exempt from the new law:

- ordained, commissioned, or licensed ministers, priests, or rabbis;
sexton, Christian science reader, or member of a religious order;

- minor child;

- executive officer of a company who owns all of the issued and
outstanding stock of the corporation;

- executive officer of an incorporated religious, charitable, or educa-
tional institution; persons engaged in a professional, teaching, or
volunteering capacity in or for religious, charitable, or educational
institutions;

- persons participating in and receiving rehabilitative services in a
sheltered workshop operated by a religious, charitable, or educational
institution under a certification issued by the United States Department
of Labor;

- recipients of charitable aid from a religious or charitable institu-
tion who perform work in or for the institution which is incidental to
or in return for the aid conferred, and not under express contract of
hire.

 
JUSTIFICATION:

In 2016, Governor Cuomo signed the nation's strongest and most compre-
hensive Paid Family Leave policy into law. The law went into effect on
January 1, 2018. Employees in New York State no longer have to choose
between caring for their loved ones and risking their economic security
- unless these employees are teachers at a religious institution. In
these challenging economic times it is becoming increasingly difficult
to raise and care for a family. More so than ever, both parents must now
deal with the responsibilities of a job on top of their family obli-
gations elderly family member are major events that demand a great
amount of time and devotion. Under the new paid family leave law, many
workers are automatically covered by a benefit allowing them to take an
absence from work to dedicate the necessary attention to provide their
family with the proper care.  There is no justification for withholding
automatic coverage for these benefits from teachers in religious insti-
tution

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None to state, localities or employers since the benefit is funded
through employee contributions to the fund

 
EFFECTIVE DATE:
Thirty days after becoming law

2017-S8650 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8650
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen.  SAVINO -- 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  eligibil-
   ity  for  New York state paid family leave benefits by persons engaged
   in a teaching capacity in a religious institution
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Group  18  of  subdivision 1 of section 3 of the workers'
 compensation law, as amended by chapter 260 of  the  laws  of  1972,  is
 amended to read as follows:
   Group 18. All other employments, except persons engaged in a [teaching
 or]  nonmanual capacity in or for a religious, charitable or educational
 institution, notwithstanding the definition of employment in subdivision
 five of section two, not hereinbefore  enumerated,  carried  on  by  any
 person,  firm  or corporation in which there are engaged or employed one
 or more employees regularly, in the same business or  in  or  about  the
 same establishment either upon the premises or at the plant or away from
 the  plant  of  the  employer,  under  any  contract of hire, express or
 implied, oral or written, except farm laborers and domestics other  than
 those  within the coverage of this chapter pursuant to groups fourteen-b
 and twelve respectively of this subdivision,  unless  the  employer  has
 elected  to  bring such employees under the law by securing compensation
 in accordance with the terms  of  section  fifty  of  this  chapter  and
 persons  engaged in voluntary service not under contract of hire. A duly
 ordained, commissioned or licensed minister, priest or rabbi, a  sexton,
 a  christian science reader, or a member of a religious order, shall not
 be deemed to be employed or engaged in employment  under  the  terms  of
 this  section. Recipients of charitable aid from a religious or charita-
 ble institution who perform work in or  for  the  institution  which  is
 incidental  to  or  in  return  for the aid conferred, and not under any
 express contract of hire, shall not be deemed to be employed or  engaged
 in  employment  under  the  terms  of  this section. All persons who are
 members of a supervised amateur athletic activity operated on a non-pro-
 fit basis shall not be deemed to be employed or  engaged  in  employment
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14673-01-8

 S. 8650                             2
 
 under the terms of this section, provided that said members are not also
 otherwise engaged or employed by any person, firm or corporation partic-
 ipating  in  said athletic activity. The terms "religious, charitable or
 educational institution" mean a corporation, unincorporated association,
 community  chest,  fund or foundation organized and operated exclusively
 for religious, charitable or educational purposes, no part  of  the  net
 earnings  of  which  inure  to the benefit of any private shareholder or
 individual.
   § 2. The opening paragraph of subdivision 5  of  section  201  of  the
 workers'  compensation  law,  as  amended  by chapter 481 of the laws of
 2010, is amended to read as follows:
   "Employee" means a person engaged in the service of an employer in any
 employment defined in subdivision six of this section,  except  a  minor
 child of the employer, except a duly ordained, commissioned, or licensed
 minister,  priest  or  rabbi,  a  sexton, a christian science reader, or
 member of a religious order, or an executive officer  of  a  corporation
 who  at  all times during the period involved owns all of the issued and
 outstanding stock of the corporation and holds all of the offices pursu-
 ant to paragraph (e) of section seven hundred fifteen  of  the  business
 corporation  law  or  two executive officers of a corporation who at all
 times during the period involved between them own all of the issued  and
 outstanding  stock  of  such  corporation  and  hold  all  such  offices
 provided, however, that each officer must own  at  least  one  share  of
 stock, except as provided in section two hundred twelve of this article,
 or  an  executive  officer  of  an incorporated religious, charitable or
 educational institution, or persons engaged in a professional [or teach-
 ing] capacity in or for a religious, charitable or educational  institu-
 tion,  or  volunteers  in  or for a religious, charitable or educational
 institution, or persons participating in  and  receiving  rehabilitative
 services  in a sheltered workshop operated by a religious, charitable or
 educational institution under a certificate issued by the United  States
 department of labor, or recipients of charitable aid from a religious or
 charitable  institution who perform work in or for the institution which
 is incidental to or in return for the aid conferred, and  not  under  an
 express  contract  of  hire.  The terms "religious, charitable or educa-
 tional institution"  mean  a  corporation,  unincorporated  association,
 community  chest,  fund or foundation organized and operated exclusively
 for religious, charitable or educational purposes, no part  of  the  net
 earnings  of  which  inure  to the benefit of any private shareholder or
 individual.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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Senate Bill S8650

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Sponsored By

Diane J. Savino