S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3821
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2019
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06039-01-9

 S. 3821                             2
 
 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
 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.