S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10152
 
                           I N  A S S E M B L Y
 
                              March 17, 2020
                                ___________
 
 Introduced  by  M.  of  A. NOLAN, CRESPO, HEASTIE, PEOPLES-STOKES, WEIN-
   STEIN, ABBATE, AUBRY, BARRETT, BLAKE,  BUCHWALD,  BURKE,  BUTTENSCHON,
   CAHILL,  CARROLL,  COLTON,  COOK,  CRUZ,  DARLING, DAVILA, DE LA ROSA,
   DenDEKKER, DINOWITZ, ENGLEBRIGHT,  EPSTEIN,  FAHY,  FERNANDEZ,  GANTT,
   GLICK,   GOTTFRIED,   GRIFFIN,   GUNTHER,  HEVESI,  JACOBSON,  JAFFEE,
   JEAN-PIERRE, JOYNER, KIM, LAVINE, LENTOL, LIFTON, MAGNARELLI, McMAHON,
   M. G. MILLER, MOSLEY, NIOU, O'DONNELL, ORTIZ, OTIS, PAULIN,  PICHARDO,
   PRETLOW,  QUART,  RAMOS,  RICHARDSON, RIVERA, RODRIGUEZ, D. ROSENTHAL,
   L. ROSENTHAL, ROZIC, RYAN, SAYEGH, SEAWRIGHT, SIMON, SIMOTAS, SOLAGES,
   STECK,  STERN,  STIRPE,  TAYLOR,  THIELE,  VANEL,   WALLACE,   WEPRIN,
   WILLIAMS,  ZEBROWSKI  -- (at request of the Governor) -- read once and
   referred to the Committee on Labor
 
 AN ACT providing requirements  for  sick  leave  and  the  provision  of
   certain employee benefits when such employee is subject to a mandatory
   or precautionary order of quarantine or isolation due to COVID-19; and
   to amend the labor law, in relation to requirements for sick leave
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. 1.(a) For employers with ten or fewer employees as of Janu-
 ary 1, 2020, each employee who is subject to a mandatory or  precaution-
 ary  order  of  quarantine or isolation issued by the state of New York,
 the department of health, local board of  health,  or  any  governmental
 entity  duly  authorized  to  issue such order due to COVID-19, shall be
 provided with unpaid sick leave until the termination of  any  mandatory
 or  precautionary  order  of quarantine or isolation due to COVID-19 and
 any other benefit as provided by any other provision of law.  During the
 period of mandatory or precautionary quarantine or isolation, an employ-
 ee shall be eligible for paid family leave  benefits  and  benefits  due
 pursuant  to  disability  pursuant to this act.  An employer with ten or
 fewer employees as of January 1, 2020, and that  has  a  net  income  of
 greater than one million dollars in the previous tax year, shall provide
 each  employee  who  is subject to a precautionary or mandatory order of
 quarantine or isolation issued by the state of New York, the  department
 of  health,  local  board  of  health,  or  any governmental entity duly
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12051-02-0

 A. 10152                            2
 
 authorized to issue such order due to COVID-19, at least  five  days  of
 paid  sick leave and unpaid leave until the termination of any mandatory
 or precautionary order of quarantine or isolation.  After such five days
 of  paid sick leave, an employee shall be eligible for paid family leave
 benefits and benefits due pursuant to disability pursuant to this act.
   (b) For employers with between eleven and ninety-nine employees as  of
 January  1, 2020, each employee who is subject to a mandatory or precau-
 tionary order of quarantine or isolation issued  by  the  state  of  New
 York,  the  department  of health, local board of health, or any govern-
 mental entity duly authorized to issue such order due to COVID-19, shall
 be provided with at least five days of paid sick leave and unpaid  leave
 until the termination of any mandatory or precautionary order of quaran-
 tine  or isolation. After such five days of paid sick leave, an employee
 shall be eligible for paid family leave benefits and benefits due pursu-
 ant to disability pursuant to this act.
   (c) For employers with one hundred or more employees as of January  1,
 2020, each employee who is subject to a mandatory or precautionary order
 of  quarantine or isolation issued by the state of New York, the depart-
 ment of health, local board of health, or any governmental  entity  duly
 authorized  to  issue such order due to COVID-19, shall be provided with
 at least fourteen days of  paid  sick  leave  during  any  mandatory  or
 precautionary order of quarantine or isolation.
   (d) For public employers, each officer or employee who is subject to a
 mandatory  or  precautionary  order of quarantine or isolation issued by
 the state of New York, the department of health, local board of  health,
 or  any  governmental  entity duly authorized to issue such order due to
 COVID-19 shall be provided with at least  fourteen  days  of  paid  sick
 leave  during  any  mandatory  or  precautionary  order of quarantine or
 isolation.  Each officer or employee shall be compensated at his or  her
 regular  rate of pay for those regular work hours during which the offi-
 cer or employee is absent from work due to a mandatory or  precautionary
 order  of  quarantine or isolation due to COVID-19. For purposes of this
 act, "public employer" shall mean the following: (i)  the state;    (ii)
 a    county,  city,  town  or village; (iii) a school district, board of
 cooperative educational services,   vocational education  and  extension
 board  or  a school district as enumerated in section 1 of  chapter  566
 of the laws of 1967, as amended; (iv) any governmental entity  operating
 a college or university; (v) a public  improvement  or special  district
 including  police  or  fire  districts; (vi) a public authority, commis-
 sion or public benefit corporation; or (vii) any  other public    corpo-
 ration,  agency,  instrumentality  or unit of government which exercises
 governmental power under the  laws  of  this state.
   (e) Such leave shall be provided without loss of an officer or employ-
 ee's accrued sick leave.
   2. For purposes of this act,  "mandatory  or  precautionary  order  of
 quarantine  or  isolation" shall mean a mandatory or precautionary order
 of quarantine or isolation issued by the state of New York, the  depart-
 ment  of  health,  local  board of health, or any government entity duly
 authorized to issue such order due to COVID-19.
   3. Upon return to work following leave taken pursuant to this act,  an
 employee  shall  be  restored  by his or her employer to the position of
 employment held by the employee prior to any  leave  taken  pursuant  to
 this act with the same pay and other terms and conditions of employment.
 No  employer  or his or her agent, or the officer or agent of any corpo-
 ration, partnership, or limited liability company, or any other  person,
 shall discharge, threaten, penalize, or in any other manner discriminate

 A. 10152                            3
 
 or  retaliate against any employee because such employee has taken leave
 pursuant to this act.
   4. An employee shall not receive paid sick leave benefits or any other
 paid benefits provided by any provisions of this section if the employee
 is  subject  to a mandatory or precautionary order of quarantine because
 the employee has returned to the United  States  after  traveling  to  a
 country  for  which the Centers for Disease Control and Prevention has a
 level two or three travel health notice and the travel to  that  country
 was  not  taken as part of the employee's employment or at the direction
 of the employee's employer, and if the employee was provided  notice  of
 the  travel  health notice and the limitations of this subdivision prior
 to such travel.  Such employee shall be eligible to  use  accrued  leave
 provided  by  the employer, or to the extent that such employee does not
 have accrued leave or sufficient accrued leave, unpaid sick leave  shall
 be  provided  for the duration of the mandatory or precautionary quaran-
 tine or isolation.
   5. The commissioner of labor  shall  have  authority  to  adopt  regu-
 lations, including emergency regulations, and issue guidance to effectu-
 ate any of the provisions of this act. Employers shall comply with regu-
 lations  promulgated by the commissioner of labor for this purpose which
 may include, but is not limited to, standards for the use, payment,  and
 employee eligibility of sick leave pursuant to this act.
   6.  Notwithstanding  any  other  provision of law, and for purposes of
 this act only, for purposes of article 9 of  the  workers'  compensation
 law,  "disability"  shall  mean: any inability of an employee to perform
 the regular duties of his or her employment or the duties of  any  other
 employment which his or her employer may offer him or her as a result of
 a  mandatory or precautionary order of quarantine or isolation issued by
 the state, the department of health, a local board  of  health,  or  any
 government  entity  duly  authorized to issue such order due to COVID-19
 and when the employee has exhausted all paid sick leave provided by  the
 employee's employer under this act.
   7.  Notwithstanding  subdivision  1  of  section  204  of the workers'
 compensation law, disability benefits payable pursuant to this act shall
 be payable on the first day of disability.
   8. Notwithstanding any other provision of law,  and  for  purposes  of
 this  act  only,  for purposes of article 9 of the workers' compensation
 law, "family leave" shall mean: (a) any leave taken by an employee  from
 work  when  an employee is subject to a mandatory or precautionary order
 of quarantine or isolation  issued  by  the  state,  the  department  of
 health,  a  local board of health, or any government entity duly author-
 ized to issue such order due to COVID-19; or (b) to provide care  for  a
 minor  dependent  child of the employee who is subject to a mandatory or
 precautionary order of quarantine or isolation issued by the state,  the
 department  of health, a local board of health, or any government entity
 duly authorized to issue such order due to COVID-19.
   9. Notwithstanding any other provision of law,  and  for  purposes  of
 this  act  only,  for purposes of article 9 of the workers' compensation
 law, disability and family leave benefits pursuant to this  act  may  be
 payable  concurrently to an eligible employee upon the first full day of
 an unpaid period of mandatory or precautionary order  of  quarantine  or
 isolation  issued  by the state of New York, the department of health, a
 local board of health, or any government entity duly authorized to issue
 such order due to  COVID-19,  provided  however,  an  employee  may  not
 collect  any benefits that would exceed $840.70 in paid family leave and
 $2,043.92 in benefits due pursuant to disability per week.

 A. 10152                            4
 
   10. Notwithstanding any other provision of law, and  for  purposes  of
 this  act  only,  for purposes of article 9 of the workers' compensation
 law, the maximum weekly  benefit  which  the  employee  is  entitled  to
 receive  for benefits due pursuant to disability pursuant to subdivision
 six  of  this  section  only shall be the difference between the maximum
 weekly family leave benefit and such  employee's  total  average  weekly
 wage  from each covered employer up to a maximum benefit due pursuant to
 disability of $2,043.92 per week.
   11. Notwithstanding subdivision 7 of section 590, and subdivision 2 of
 section 607, of the labor law, a claim for benefits under article 18  of
 the  labor  law  due to closure of an employer otherwise subject to this
 section for a reason related to COVID-19 or due to a mandatory order  of
 a  government  entity  duly authorized to issue such order to close such
 employer otherwise subject to this section, shall not be  subject  to  a
 waiting period for a claim for benefits pursuant to such title.
   12.  A  mandatory  or  precautionary  order of quarantine or isolation
 issued by the state, the department of health, a local board of  health,
 or  any  government  entity  duly  authorized to issue such order due to
 COVID-19 shall be sufficient proof of disability or proof  of  need  for
 family leave taken pursuant to this act.
   13.  The  provisions  of  this  act  shall not apply in cases where an
 employee is deemed asymptomatic or has not yet been diagnosed  with  any
 medical condition and is physically able to work while under a mandatory
 or  precautionary  order  of  quarantine  or  isolation, whether through
 remote access or other similar means.
   14. Nothing in this section  shall  be  deemed  to  impede,  infringe,
 diminish or impair the rights of a public employee or employer under any
 law,  rule,  regulation  or  collectively  negotiated  agreement, or the
 rights  and  benefits  which  accrue  to  employees  through  collective
 bargaining agreements, or otherwise diminish the integrity of the exist-
 ing  collective  bargaining  relationship,  or to prohibit any personnel
 action which otherwise would have been taken regardless of  any  request
 to use, or utilization of, any leave provided by this act.
   15.  Notwithstanding  any  inconsistent provision of law, on or before
 June 1, 2020, the superintendent of financial services by regulation, in
 consultation with the director of the state insurance fund and the chair
 of the workers' compensation board of the state, shall promulgate  regu-
 lations necessary for the implementation of a risk adjustment pool to be
 administered  directly  by  the superintendent of financial services, in
 consultation with the director of the state insurance fund and the chair
 of the workers' compensation board of the state.  "Risk adjustment pool"
 as used in this subdivision shall mean the  process  used  to  stabilize
 member  claims  pursuant  to  this act in order to protect insurers from
 disproportionate adverse risks. Disproportionate losses of  any  members
 of the risk adjustment pool in excess of threshold limits established by
 the  superintendent of financial services of the state may be supported,
 if required by the superintendent, by other members of such pool includ-
 ing the state insurance fund in a proportion to  be  determined  by  the
 superintendent.   Any such support provided by members of the pool shall
 be fully repaid, including reasonable interest, through a mechanism  and
 period  of  time  to  be  determined  by the superintendent of financial
 services.
    16.  (a) The superintendent of financial  services,  in  consultation
 with the director of the state insurance fund and the chair of the work-
 ers'  compensation  board  shall  issue  two  reports assessing the risk
 adjustment pool required by this act.

 A. 10152                            5
 
   (b) On or before January 1, 2022, an initial report shall be  provided
 to the speaker of the assembly, the chair of the assembly ways and means
 committee  and  the chair of the assembly labor committee, the temporary
 president of the senate, the chair of the senate finance  committee  and
 the  chair  of  the senate labor committee.  Such report shall  include:
 the total number of claims filed pursuant to this section for (i) family
 leave benefits, and (ii) benefits due to disability, as a  result  of  a
 mandatory  or  precautionary  order  of  quarantine  or isolation due to
 COVID-19; the aggregate amount of paid family leave claims and disabili-
 ty claims; the total amount of the claims  paid  for  out  of  the  risk
 adjustment  pool;  the threshold limits established by the department of
 financial services; and any  other  information  the  superintendent  of
 financial services deems necessary to provide to the legislature.
   (c)  On or before January 1, 2025, a final report shall be provided to
 the speaker of the assembly, the chair of the assembly  ways  and  means
 committee  and  the chair of the assembly labor committee, the temporary
 president of the senate, the chair of the senate finance  committee  and
 the  chair  of the senate labor committee. Such report shall include the
 balance of the risk adjustment pool, if any, the total amount  collected
 through  the repayment mechanism established by the department of finan-
 cial services including interest; and any other information  the  super-
 intendent of financial services deems necessary to provide to the legis-
 lature.    If  there  exists  a balance in the risk adjustment pool, the
 final report shall  provide  a  timeline  by  which  repayment  will  be
 completed.
   17.  If at any point while this section shall be in effect the federal
 government  by  law  or  regulation  provides sick leave and/or employee
 benefits for employees related to COVID-19, then the provisions of  this
 section,  including,  but  not  limited to, paid sick leave, paid family
 leave, and benefits due to disability, shall not  be  available  to  any
 employee  otherwise subject to the provisions of this section; provided,
 however, that if the provisions of this section would have provided sick
 leave and/or employee benefits in excess of the benefits provided by the
 federal government by law or regulation, then  such  employee  shall  be
 able to claim such additional sick leave and/or employee benefits pursu-
 ant  to  the  provisions  of this section in an amount that shall be the
 difference between the benefits available under  this  section  and  the
 benefits available to such employee, if any, as provided by such federal
 law or regulation.
   § 2. The labor law is amended by adding a new section 196-b to read as
 follows:
   §  196-B. SICK LEAVE REQUIREMENTS. 1. EVERY EMPLOYER SHALL BE REQUIRED
 TO PROVIDE ITS EMPLOYEES WITH SICK LEAVE AS FOLLOWS:
   A. FOR EMPLOYERS WITH FOUR OR FEWER EMPLOYEES IN  ANY  CALENDAR  YEAR,
 EACH  EMPLOYEE  SHALL  BE PROVIDED WITH UP TO FORTY HOURS OF UNPAID SICK
 LEAVE IN EACH CALENDAR YEAR; PROVIDED, HOWEVER, AN EMPLOYER THAT EMPLOYS
 FOUR OR FEWER EMPLOYEES IN ANY CALENDAR YEAR AND THAT HAS A  NET  INCOME
 OF  GREATER  THAN  ONE  MILLION  DOLLARS  IN THE PREVIOUS TAX YEAR SHALL
 PROVIDE EACH EMPLOYEE WITH UP TO FORTY HOURS OF PAID SICK LEAVE PURSUANT
 TO THIS SECTION;
   B. FOR EMPLOYERS WITH BETWEEN FIVE AND NINETY-NINE  EMPLOYEES  IN  ANY
 CALENDAR YEAR, EACH EMPLOYEE SHALL BE PROVIDED WITH UP TO FORTY HOURS OF
 PAID SICK LEAVE IN EACH CALENDAR YEAR; AND
   C.  FOR  EMPLOYERS  WITH ONE HUNDRED OR MORE EMPLOYEES IN ANY CALENDAR
 YEAR, EACH EMPLOYEE SHALL BE PROVIDED WITH UP TO FIFTY-SIX HOURS OF PAID
 SICK LEAVE EACH CALENDAR YEAR.

 A. 10152                            6
 
   FOR PURPOSES OF DETERMINING THE NUMBER OF EMPLOYEES PURSUANT  TO  THIS
 SUBDIVISION,  A  CALENDAR  YEAR  SHALL MEAN THE TWELVE-MONTH PERIOD FROM
 JANUARY FIRST THROUGH DECEMBER THIRTY-FIRST.  FOR ALL OTHER PURPOSES,  A
 CALENDAR  YEAR  SHALL  EITHER  MEAN THE TWELVE-MONTH PERIOD FROM JANUARY
 FIRST  THROUGH  DECEMBER  THIRTY-FIRST,  OR  A  REGULAR  AND CONSECUTIVE
 TWELVE-MONTH PERIOD, AS DETERMINED BY AN EMPLOYER.
   2. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT  OR  PREVENT
 AN  EMPLOYER  FROM  PROVIDING  AN  AMOUNT OF SICK LEAVE, PAID OR UNPAID,
 WHICH IS IN EXCESS OF THE REQUIREMENTS SET FORTH IN SUBDIVISION  ONE  OF
 THIS  SECTION,  OR FROM ADOPTING A PAID LEAVE POLICY THAT PROVIDES ADDI-
 TIONAL BENEFITS TO EMPLOYEES. AN  EMPLOYER  MAY  ELECT  TO  PROVIDE  ITS
 EMPLOYEES  WITH  THE  TOTAL AMOUNT OF SICK LEAVE REQUIRED TO FULFILL ITS
 OBLIGATIONS PURSUANT TO SUBDIVISION ONE OF THIS SECTION AT THE BEGINNING
 OF THE CALENDAR YEAR,  PROVIDED,  HOWEVER  THAT  NO  EMPLOYER  SHALL  BE
 PERMITTED TO REDUCE OR REVOKE ANY SUCH SICK LEAVE BASED ON THE NUMBER OF
 HOURS  ACTUALLY  WORKED  BY AN EMPLOYEE DURING THE CALENDAR YEAR IF SUCH
 EMPLOYER ELECTS PURSUANT TO THIS SUBDIVISION.
   3. EMPLOYEES SHALL ACCRUE SICK LEAVE AT A RATE OF NOT  LESS  THAN  ONE
 HOUR  PER  EVERY  THIRTY  HOURS WORKED, BEGINNING AT THE COMMENCEMENT OF
 EMPLOYMENT OR THE EFFECTIVE DATE OF THIS SECTION,  WHICHEVER  IS  LATER,
 SUBJECT TO THE USE AND ACCRUAL LIMITATIONS SET FORTH IN THIS SECTION.
   4. A. ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-ONE AND UPON THE
 ORAL  OR  WRITTEN  REQUEST  OF  AN  EMPLOYEE,  AN EMPLOYER SHALL PROVIDE
 ACCRUED SICK LEAVE FOR THE FOLLOWING PURPOSES:
   (I) FOR A MENTAL OR PHYSICAL ILLNESS, INJURY, OR HEALTH  CONDITION  OF
 SUCH  EMPLOYEE  OR  SUCH EMPLOYEE'S FAMILY MEMBER, REGARDLESS OF WHETHER
 SUCH ILLNESS, INJURY, OR HEALTH CONDITION HAS BEEN DIAGNOSED OR REQUIRES
 MEDICAL CARE AT THE TIME THAT SUCH EMPLOYEE REQUESTS SUCH LEAVE;
   (II) FOR THE DIAGNOSIS, CARE, OR TREATMENT OF  A  MENTAL  OR  PHYSICAL
 ILLNESS,  INJURY  OR  HEALTH CONDITION OF, OR NEED FOR MEDICAL DIAGNOSIS
 OF, OR PREVENTIVE CARE FOR, SUCH  EMPLOYEE  OR  SUCH  EMPLOYEE'S  FAMILY
 MEMBER; OR
   (III)  FOR  AN  ABSENCE FROM WORK DUE TO DOMESTIC VIOLENCE PURSUANT TO
 SUBDIVISION THIRTY-FOUR OF SECTION TWO HUNDRED NINETY-TWO OF THE  EXECU-
 TIVE  LAW,  A  SEXUAL  OFFENSE, STALKING, OR HUMAN TRAFFICKING, FOR SUCH
 EMPLOYEE TO AVAIL THEMSELVES OR A FAMILY MEMBER OF SERVICES  OR  ASSIST-
 ANCE  INCLUDING,  BUT NOT LIMITED TO, TO OBTAIN SERVICES FROM A DOMESTIC
 VIOLENCE SHELTER, RAPE CRISIS  CENTER,  OR  OTHER  SHELTER  OR  SERVICES
 PROGRAM  FOR RELIEF FROM A FAMILY OFFENSE MATTER, SEXUAL OFFENSE, STALK-
 ING, OR HUMAN TRAFFICKING; TO PARTICIPATE IN SAFETY PLANNING,  TEMPORAR-
 ILY OR PERMANENTLY RELOCATE, OR TAKE OTHER ACTIONS TO INCREASE THE SAFE-
 TY  OF  THE  EMPLOYEE  OR  EMPLOYEE'S  FAMILY MEMBERS FROM FUTURE FAMILY
 OFFENSE MATTERS, SEXUAL OFFENSES, STALKING,  OR  HUMAN  TRAFFICKING;  TO
 MEET  WITH  A CIVIL ATTORNEY OR OTHER SOCIAL SERVICES PROVIDER TO OBTAIN
 INFORMATION AND ADVICE ON, AND PREPARE FOR OR PARTICIPATE IN ANY  CRIMI-
 NAL  OR  CIVIL PROCEEDING, INCLUDING BUT NOT LIMITED TO, MATTERS RELATED
 TO A FAMILY OFFENSE MATTER, SEXUAL OFFENSE, STALKING, HUMAN TRAFFICKING,
 CUSTODY, VISITATION, MATRIMONIAL ISSUES,  ORDERS  OF  PROTECTION,  IMMI-
 GRATION,  HOUSING,  DISCRIMINATION  IN  EMPLOYMENT,  HOUSING OR CONSUMER
 CREDIT; TO FILE  A  COMPLAINT  OR  DOMESTIC  INCIDENT  REPORT  WITH  LAW
 ENFORCEMENT;  TO MEET WITH A DISTRICT ATTORNEY'S OFFICE; TO ENROLL CHIL-
 DREN IN A NEW SCHOOL; OR TO TAKE OTHER ACTIONS  NECESSARY  TO  MAINTAIN,
 IMPROVE,  OR  RESTORE THE PHYSICAL, PSYCHOLOGICAL, OR ECONOMIC HEALTH OR
 SAFETY OF THE EMPLOYEE OR THE EMPLOYEE'S FAMILY  MEMBER  OR  TO  PROTECT
 THOSE WHO ASSOCIATE OR WORK WITH THE EMPLOYEE.

 A. 10152                            7
 
   B. FOR PURPOSES OF THIS SECTION, "FAMILY MEMBER" SHALL MEAN AN EMPLOY-
 EE'S  CHILD,  SPOUSE,  DOMESTIC  PARTNER, PARENT, SIBLING, GRANDCHILD OR
 GRANDPARENT; AND THE CHILD OR PARENT OF AN EMPLOYEE'S SPOUSE OR DOMESTIC
 PARTNER. "PARENT" SHALL MEAN A BIOLOGICAL,  FOSTER,  STEP-  OR  ADOPTIVE
 PARENT,  OR  A  LEGAL  GUARDIAN OF AN EMPLOYEE, OR A PERSON WHO STOOD IN
 LOCO PARENTIS WHEN THE EMPLOYEE WAS A MINOR CHILD.  "CHILD" SHALL MEAN A
 BIOLOGICAL, ADOPTED OR FOSTER CHILD, A LEGAL WARD,  OR  A  CHILD  OF  AN
 EMPLOYEE STANDING IN LOCO PARENTIS.
   5.  A.  AN  EMPLOYER  MAY  NOT  REQUIRE THE DISCLOSURE OF CONFIDENTIAL
 INFORMATION RELATING TO A MENTAL OR PHYSICAL ILLNESS, INJURY, OR  HEALTH
 CONDITION OF SUCH EMPLOYEE OR SUCH EMPLOYEE'S FAMILY MEMBER, OR INFORMA-
 TION  RELATING  TO  ABSENCE FROM WORK DUE TO DOMESTIC VIOLENCE, A SEXUAL
 OFFENSE, STALKING, OR HUMAN TRAFFICKING, AS  A  CONDITION  OF  PROVIDING
 SICK LEAVE PURSUANT TO THIS SECTION.
   B.  AN  EMPLOYER MAY SET A REASONABLE MINIMUM INCREMENT FOR THE USE OF
 SICK LEAVE WHICH SHALL NOT EXCEED FOUR HOURS.  EMPLOYEES  SHALL  RECEIVE
 COMPENSATION  AT HIS OR HER REGULAR RATE OF PAY, OR THE APPLICABLE MINI-
 MUM WAGE ESTABLISHED PURSUANT TO SECTION SIX HUNDRED FIFTY-TWO  OF  THIS
 CHAPTER, WHICHEVER IS GREATER, FOR THE USE OF PAID SICK LEAVE.
   6.  AN  EMPLOYEE'S  UNUSED  SICK  LEAVE  SHALL  BE CARRIED OVER TO THE
 FOLLOWING CALENDAR YEAR, PROVIDED, HOWEVER, THAT: (I) AN  EMPLOYER  WITH
 FEWER  THAN  ONE  HUNDRED  EMPLOYEES  MAY LIMIT THE USE OF SICK LEAVE TO
 FORTY HOURS PER CALENDAR YEAR; AND (II) AN EMPLOYER WITH ONE HUNDRED  OR
 MORE  EMPLOYEES  MAY  LIMIT THE USE OF SICK LEAVE TO FIFTY-SIX HOURS PER
 CALENDAR YEAR. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE  AN
 EMPLOYER  TO  PAY AN EMPLOYEE FOR UNUSED SICK LEAVE UPON SUCH EMPLOYEE'S
 TERMINATION, RESIGNATION, RETIREMENT, OR OTHER SEPARATION  FROM  EMPLOY-
 MENT.
   7.  NO  EMPLOYER  OR  HIS OR HER AGENT, OR THE OFFICER OR AGENT OF ANY
 CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY  COMPANY,  OR  ANY  OTHER
 PERSON,  SHALL  DISCHARGE,  THREATEN,  PENALIZE,  OR IN ANY OTHER MANNER
 DISCRIMINATE OR RETALIATE AGAINST ANY EMPLOYEE BECAUSE SUCH EMPLOYEE HAS
 EXERCISED HIS OR HER RIGHTS AFFORDED UNDER THIS SECTION, INCLUDING,  BUT
 NOT  LIMITED  TO, REQUESTING SICK LEAVE AND USING SICK LEAVE, CONSISTENT
 WITH THE PROVISIONS OF SECTION TWO HUNDRED FIFTEEN OF THIS CHAPTER.
   8. AN EMPLOYER SHALL NOT BE REQUIRED TO PROVIDE  ANY  ADDITIONAL  SICK
 LEAVE  PURSUANT TO THIS SECTION IF THE EMPLOYER HAS ADOPTED A SICK LEAVE
 POLICY OR TIME OFF POLICY THAT PROVIDES  EMPLOYEES  WITH  AN  AMOUNT  OF
 LEAVE  WHICH  MEETS OR EXCEEDS THE REQUIREMENTS SET FORTH IN SUBDIVISION
 ONE OF THIS SECTION  AND  SATISFIES  THE  ACCRUAL,  CARRYOVER,  AND  USE
 REQUIREMENTS OF THIS SECTION.
   9.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED TO: A. PROHIBIT A
 COLLECTIVE BARGAINING AGREEMENT ENTERED INTO, ON OR AFTER THE  EFFECTIVE
 DATE  OF  THIS  SECTION  FROM, IN LIEU OF THE LEAVE PROVIDED FOR IN THIS
 SECTION, PROVIDING A COMPARABLE BENEFIT FOR  THE  EMPLOYEES  COVERED  BY
 SUCH AGREEMENT IN THE FORM OF PAID DAYS OFF; SUCH PAID DAYS OFF SHALL BE
 IN  THE  FORM  OF  LEAVE, COMPENSATION, OTHER EMPLOYEE BENEFITS, OR SOME
 COMBINATION THEREOF; OR
   B. IMPEDE, INFRINGE, OR DIMINISH THE ABILITY OF A CERTIFIED COLLECTIVE
 BARGAINING AGENT TO NEGOTIATE THE TERMS AND  CONDITIONS  OF  SICK  LEAVE
 DIFFERENT FROM THE PROVISIONS OF THIS SECTION.
   PROVIDED, HOWEVER, THAT IN THE CASE OF EITHER PARAGRAPH A OR B OF THIS
 SUBDIVISION,  THE AGREEMENT MUST SPECIFICALLY ACKNOWLEDGE THE PROVISIONS
 OF THIS SECTION.
   10. UPON RETURN TO WORK FOLLOWING ANY SICK  LEAVE  TAKEN  PURSUANT  TO
 THIS  SECTION,  AN  EMPLOYEE SHALL BE RESTORED BY HIS OR HER EMPLOYER TO

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 THE POSITION OF EMPLOYMENT HELD BY SUCH EMPLOYEE PRIOR TO ANY SICK LEAVE
 TAKEN PURSUANT TO THIS SECTION WITH THE SAME PAY  AND  OTHER  TERMS  AND
 CONDITIONS OF EMPLOYMENT.
   11. UPON THE ORAL OR WRITTEN REQUEST OF AN EMPLOYEE, AN EMPLOYER SHALL
 PROVIDE  A SUMMARY OF THE AMOUNTS OF SICK LEAVE ACCRUED AND USED BY SUCH
 EMPLOYEE IN THE CURRENT CALENDAR YEAR AND/OR ANY PREVIOUS CALENDAR YEAR.
 THE EMPLOYER SHALL PROVIDE SUCH INFORMATION TO THE EMPLOYEE WITHIN THREE
 BUSINESS DAYS OF SUCH REQUEST.
   12. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT A CITY  WITH
 A  POPULATION  OF  ONE MILLION OR MORE FROM ENACTING AND ENFORCING LOCAL
 LAWS OR ORDINANCES WHICH MEET OR EXCEED THE STANDARD OR REQUIREMENTS FOR
 MINIMUM HOUR AND USE SET FORTH IN THIS SECTION,  AS  DETERMINED  BY  THE
 COMMISSIONER.  ANY  PAID  SICK  LEAVE  BENEFITS PROVIDED BY A SICK LEAVE
 PROGRAM ENFORCED BY A MUNICIPAL CORPORATION IN EFFECT AS OF  THE  EFFEC-
 TIVE DATE OF THIS SECTION SHALL NOT BE DIMINISHED OR LIMITED AS A RESULT
 OF THE ENACTMENT OF THIS SECTION.
   13.  THE  COMMISSIONER  SHALL  HAVE AUTHORITY TO ADOPT REGULATIONS AND
 ISSUE GUIDANCE TO EFFECTUATE ANY OF  THE  PROVISIONS  OF  THIS  SECTION.
 EMPLOYERS  SHALL COMPLY WITH REGULATIONS AND GUIDANCE PROMULGATED BY THE
 COMMISSIONER FOR THIS PURPOSE WHICH MAY INCLUDE BUT ARE NOT  LIMITED  TO
 STANDARDS  FOR  THE  ACCRUAL,  USE, PAYMENT, AND EMPLOYEE ELIGIBILITY OF
 SICK LEAVE.
   14. THE DEPARTMENT SHALL CONDUCT A PUBLIC AWARENESS OUTREACH  CAMPAIGN
 WHICH  SHALL  INCLUDE  MAKING  INFORMATION  AVAILABLE ON ITS WEBSITE AND
 OTHERWISE INFORMING EMPLOYERS AND EMPLOYEES OF THE  PROVISIONS  OF  THIS
 SECTION.
   §  3.  Subdivision  4  of  section 195 of the labor law, as amended by
 chapter 564 of the laws of 2010, is amended to read as follows:
   4. establish, maintain and  preserve  for  not  less  than  six  years
 contemporaneous,  true,  and  accurate  payroll records showing for each
 week worked the hours worked; the rate or rates of pay and basis  there-
 of,  whether  paid by the hour, shift, day, week, salary, piece, commis-
 sion, or other; gross wages; deductions; allowances, if any, claimed  as
 part  of the minimum wage; AMOUNT OF SICK LEAVE PROVIDED TO EACH EMPLOY-
 EE; and net wages for each employee.   For all  employees  who  are  not
 exempt  from  overtime compensation as established in the commissioner's
 minimum wage orders or otherwise provided by New York state law or regu-
 lation, the payroll records shall include the  regular  hourly  rate  or
 rates  of  pay, the overtime rate or rates of pay, the number of regular
 hours worked, and the number of overtime hours worked. For all employees
 paid a piece rate, the payroll  records  shall  include  the  applicable
 piece  rate or rates of pay and number of pieces completed at each piece
 rate;
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  5.  This  act shall take effect immediately; provided, however that
 sections two and three of this act shall take effect on the one  hundred
 eightieth  day after it shall have become a law; provided, further, that

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 the department of labor may promulgate rules and regulations to effectu-
 ate the purposes of this act, on or before such effective date.