NY State Senate Bill 2019-S4850

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
Jan 08, 2020	referred to labor
Mar 27, 2019	referred to labor

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2019-S4850 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add Art 19-D §§696 - 696-i, Lab L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5954
2015-2016: S2636
2017-2018: S2856
2021-2022: S5218
2023-2024: S6836

2019-S4850 (ACTIVE) - Summary

Relates to the entitlement to unpaid leave of absence for victims of domestic violence; permits victims of domestic violence to take an unpaid leave of absence for twenty days from employment to address on-going domestic violence; defines "address on-going domestic violence"; contains provision to protect the individual's job position and benefits.

2019-S4850 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4850

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the labor law, in relation to the
entitlement to unpaid leave of absence from employment for victims of
domestic violence

 
PURPOSE:

To provide medical leave for victims of domestic violence or sexual
abuse, or for parents of child that was a victim of domestic violence or
sexual abuse, or needs counseling for such domestic violence or sexual
abuse.

 
SUMMARY OF PROVISIONS:

Section 1: Provides for the creation of a new section 19-D of the labor
law, which defines terms, creates an entitlement to medical leave for
victims of domestic violence or sexual abuse, provides parameters for
the grant and use of such leave, and provides a right to return to a
position from which an employee takes a medical leave because such

employee was a victim of domestic violence or sexual abuse.

Section 2: Provides the act shall take effect ninety days after it shall
have become law.

 
JUSTIFICATION:

Domestic violence, often defined as mental or physical abuse at the
hands of an intimate partner, affects the victim's ability to work. In
2008, in the United States, intimate partners committed approximately
552,000 violent crimes against women, including 35,690 rapes or sexual
assaults, 38,820 robberies, 70,550 aggravated assaults, and 406,530
simple assaults. Notwithstanding the prevalence of domestic violence
across demographic categories, it is overwhelmingly a crime perpetrated
against women. Women are far more likely than men to be victims of
domestic violence; the rate of intimate partner victimization per 1,000
persons is 4.3 for women compared with 0.8 for men.

More broadly, African-American, Latina, and other minority women experi-
ence a heightened risk of domestic abuse. The victimization of minority
women is exacerbated by the institutionalized under-protection and
discrimination by the police. Law enforcement's failure to adequately
investigate and respond to reports of violence -- particularly domestic
violence -- involving minority and immigrant women is often influenced
by racial and ethnic stereotypes. In addition, such stereotyping often
results in underreporting of violence and in disproportionate arrests of
female victims rather than, or in addition to, their perpetrators.

In addition, every year, according to Safe Horizons, more than 3 million
children witness domestic violence in their homes. Children who live in
homes where there is domestic violence also suffer abuse or neglect at
high rates (30% to 60%). A 2005 Michigan study found that children
exposed to domestic violence at home are more likely to have health
problems, including becoming sick more often, having frequent headaches
or stomach aches, and being more tired and lethargic.

It has been found that victims of domestic violence lose an average of
137 hours of work a year. Some victims need time off from work to seek
medical attention; others need time to seek restraining orders, or relo-
cate to a safe place where an abuser cannot find for further victimize
them. Other victims are prevented from getting to work when an abuser
disables or takes the car, sabotages childcare arrangements, cancels
service to or steals a cell phone, or leaves the victim without cash to
use public transportation.

These problems have led a number of states to pass domestic violence
leave laws, which give victims of domestic violence the right to take
time off for certain reasons. New Jersey signed its Domestic Violence
Leave Act into law in October of 2013 Other states with similar laws
include but are not limited to: California, Florida, Illinois, Washing-
ton and Washington, D.C.

While state laws providing employment rights for victims of domestic
violence are not uniform, there is a clear trend toward awarding medical
leave for victims of domestic violence and sexual abuse. It is time New
York provided these victims with greater protections, similar to those
done it its sister states.

 
LEGISLATIVE HISTORY:

2017-18: 5.2856 - REFERRED TO LABOR
2015-16: S.2636 - Referred to Labor
2013-14: S.5954 - Referred to Labor

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect ninetieth days after it shall have become a
law.

2019-S4850 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4850
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2019
                                ___________
 
 Introduced  by Sens. PARKER, BAILEY, BRESLIN, HOYLMAN, KENNEDY, MONTGOM-
   ERY, SANDERS -- read twice and ordered printed, and when printed to be
   committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to the entitlement to  unpaid
   leave of absence from employment for victims of domestic violence

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new  article  19-D  to
 read as follows:
                               ARTICLE 19-D
                        UNPAID LEAVE OF ABSENCE FOR
                  VICTIMS OF DOMESTIC OR SEXUAL VIOLENCE
 
 SECTION 696. DEFINITIONS.
         696-A. ENTITLEMENT TO LEAVE.
         696-B. LEAVE TAKEN INTERMITTENTLY OR ON REDUCED LEAVE SCHEDULE.
         696-C. NOTICE OF INTENTION TO TAKE LEAVE.
         696-D. CERTIFICATION.
         696-E. CONFIDENTIALITY.
         696-F. RESTORATION TO POSITION.
         696-G. PROHIBITED ACTS.
         696-H. CIVIL ACTION.
         696-I. SAVINGS CLAUSE.
   § 696. DEFINITIONS. AS USED IN THIS ARTICLE:
   1.  "VICTIM OF DOMESTIC OR SEXUAL ABUSE" SHALL MEAN A VICTIM OF DOMES-
 TIC VIOLENCE, A SEX OFFENSE, OR STALKING.
   2.  "VICTIM OF DOMESTIC VIOLENCE" SHALL MEAN AN INDIVIDUAL  WHO  IS  A
 VICTIM  OF  AN  ACT  WHICH WOULD CONSTITUTE A FAMILY OFFENSE PURSUANT TO
 SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10484-01-9

 S. 4850                             2

   3. "VICTIM OF A SEX OFFENSE" SHALL MEAN A VICTIM OF  AN  ACT  OR  ACTS
 THAT  WOULD  CONSTITUTE A VIOLATION OF ARTICLE ONE HUNDRED THIRTY OF THE
 PENAL LAW.
   4.  "VICTIM  OF  STALKING"  SHALL MEAN A VICTIM OF AN ACT OR ACTS THAT
 WOULD CONSTITUTE A VIOLATION OF SECTION 120.45, 120.50, 120.55 OR 120.60
 OF THE PENAL LAW.
   5. "EMPLOYEE" SHALL MEAN A PERSON WHO IS EMPLOYED FOR AT LEAST  TWELVE
 MONTHS  FOR NOT LESS THAN ONE THOUSAND BASE HOURS DURING THE IMMEDIATELY
 PRECEDING TWELVE MONTH PERIOD.
   6. "EMPLOYER" SHALL MEAN A PERSON OR CORPORATION,  PARTNERSHIP,  INDI-
 VIDUAL  PROPRIETORSHIP, JOINT VENTURE, FIRM OR COMPANY, OR OTHER SIMILAR
 LEGAL ENTITY WHICH ENGAGES THE SERVICES OF AN EMPLOYEE AND EMPLOYS TWEN-
 TY-FIVE OR MORE EMPLOYEES FOR EACH WORKING DAY DURING EACH OF TWENTY  OR
 MORE  CALENDAR  WORK  WEEKS IN THE THEN CURRENT OR IMMEDIATELY PRECEDING
 CALENDAR YEAR. "EMPLOYER" INCLUDES THE STATE, ANY POLITICAL  SUBDIVISION
 THEREOF, AND ALL PUBLIC OFFICES, AGENCIES, BOARDS OR BODIES.
   §  696-A.  ENTITLEMENT  TO  LEAVE.  ANY EMPLOYEE OF AN EMPLOYER IN THE
 STATE WHO IS A VICTIM OF DOMESTIC OR SEXUAL VIOLENCE SHALL  BE  ELIGIBLE
 FOR  TWENTY DAYS OF UNPAID LEAVE FROM THEIR EMPLOYMENT DURING ANY TWELVE
 MONTH PERIOD IN ORDER TO ADDRESS DOMESTIC OR SEXUAL VIOLENCE OR  ONGOING
 EFFECTS  OF  SUCH DOMESTIC OR SEXUAL VIOLENCE, INCLUDING BUT NOT LIMITED
 TO:
   1. SEEKING MEDICAL ATTENTION FOR, OR RECOVERING OR TAKING CARE OF  THE
 VICTIM'S CHILD WHILE THE CHILD RECOVERS FROM, ANY PHYSICAL OR PSYCHOLOG-
 ICAL INJURIES CAUSED BY THE DOMESTIC OR SEXUAL VIOLENCE; OR
   2.  ATTENDING COUNSELING SESSIONS FOR THE VICTIM OF DOMESTIC OR SEXUAL
 VIOLENCE OR FOR SUCH VICTIM'S CHILD IN ORDER TO DEAL WITH THE EFFECTS OF
 THE DOMESTIC OR SEXUAL VIOLENCE; OR
   3. SEEKING LEGAL ASSISTANCE INCLUDING ATTENDING COURT  PROCEEDINGS  OR
 MEETING  OR  COMMUNICATING  WITH AN ATTORNEY OR A MEMBER OF LAW ENFORCE-
 MENT; OR
   4. SEEKING SERVICES FOR THE VICTIM OF DOMESTIC OR SEXUAL  VIOLENCE  OR
 FOR  SUCH  VICTIM'S  CHILD FROM A RESIDENTIAL OR NON-RESIDENTIAL PROGRAM
 FOR VICTIMS OF DOMESTIC OR SEXUAL VIOLENCE; OR
   5. ENGAGING IN SAFETY PLANNING, INCLUDING ARRANGING  TO  RELOCATE  AND
 RELOCATING  TO  A  TEMPORARY  OR  PERMANENT  NEW  RESIDENCE, IN ORDER TO
 DECREASE THE RISK OF FUTURE DOMESTIC OR SEXUAL VIOLENCE.
   § 696-B.  LEAVE TAKEN INTERMITTENTLY OR ON REDUCED LEAVE SCHEDULE. THE
 LEAVE PURSUANT TO SECTION SIX HUNDRED NINETY-SIX-A OF THIS  ARTICLE  MAY
 BE  TAKEN  ON A REDUCED LEAVE SCHEDULE OR INTERMITTENTLY IF THE EMPLOYEE
 AND EMPLOYER AGREE ON THE SCHEDULE. TAKING LEAVE ON A REDUCED  LEAVE  OR
 INTERMITTENT  SCHEDULE  SHALL NOT RESULT IN A REDUCTION IN THE AMOUNT OF
 TOTAL LEAVE A VICTIM OF DOMESTIC OR SEXUAL VIOLENCE IS  ENTITLED  TO  IN
 THE TWELVE MONTH PERIOD.
   § 696-C.  NOTICE OF INTENTION TO TAKE LEAVE. AN EMPLOYEE SHALL PROVIDE
 AN  EMPLOYER  WITH REASONABLE NOTICE OF THE EMPLOYEE'S INTENTION TO TAKE
 LEAVE PURSUANT TO SECTION  SIX  HUNDRED  NINETY-SIX-A  OF  THIS  ARTICLE
 UNLESS  PROVIDING  SUCH  NOTICE  IS NOT PRACTICABLE. WHEN AN UNSCHEDULED
 ABSENCE OCCURS, THE EMPLOYER MAY NOT TAKE ANY ACTION AGAINST THE EMPLOY-
 EE IF THE EMPLOYEE,  WITHIN  A  REASONABLE  PERIOD  OF  TIME  AFTER  THE
 ABSENCE,  PROVIDES  CERTIFICATION  AS  SET  FORTH IN SECTION SIX HUNDRED
 NINETY-SIX-D OF THIS ARTICLE.
   § 696-D.  CERTIFICATION. IN ORDER TO DETERMINE WHETHER THE EMPLOYEE IS
 A VICTIM OF DOMESTIC OR SEXUAL VIOLENCE, THE EMPLOYER MAY  REQUIRE  THAT
 THE REQUEST FOR LEAVE BE SUPPORTED BY ONE OF THE FOLLOWING:

 S. 4850                             3
 
   1.  A  SWORN  STATEMENT  SUBMITTED BY THE VICTIM OF DOMESTIC OR SEXUAL
 VIOLENCE DESCRIBING SUCH VICTIM'S NEED FOR LEAVE TO ADDRESS THE  ONGOING
 EFFECTS OF DOMESTIC OR SEXUAL VIOLENCE; OR
   2.  ANY  DOCUMENTATION  OF  THE DOMESTIC OR SEXUAL VIOLENCE, INCLUDING
 POLICE REPORTS, COURT RECORDS, STATEMENTS FROM  A  SHELTER  WORKER,  LAW
 ENFORCEMENT  OFFICER, MEDICAL WORKER, COUNSELOR, CLERGY MEMBER, ATTORNEY
 OR ANY OTHER PROFESSIONAL FROM WHOM THE EMPLOYEE HAS  SOUGHT  ASSISTANCE
 TO ADDRESS THE DOMESTIC OR SEXUAL VIOLENCE AND ITS EFFECTS; OR
   3.  ANY  OTHER  CORROBORATING  EVIDENCE  INCLUDING  PHYSICAL EVIDENCE,
 PHOTOGRAPHS, OR STATEMENTS FROM OTHER INDIVIDUALS WHO ARE AWARE  OF  THE
 DOMESTIC OR SEXUAL VIOLENCE AND ITS EFFECTS.
   §  696-E.  CONFIDENTIALITY.  ANY INFORMATION PROVIDED TO THE EMPLOYER,
 INCLUDING BUT NOT LIMITED TO INFORMATION UNDER SECTION SIX HUNDRED NINE-
 TY-SIX-D OF THIS ARTICLE, DESCRIBING THE DOMESTIC OR SEXUAL VIOLENCE  IN
 THE  EMPLOYEE'S  LIFE  AND  THE  REQUEST  TO TAKE A LEAVE TO ADDRESS THE
 EFFECTS OF DOMESTIC OR SEXUAL VIOLENCE, SHALL BE  KEPT  CONFIDENTIAL  BY
 THE  EMPLOYER.    DISCLOSURE  SHALL  ONLY BE ALLOWED IF THE EMPLOYEE, IN
 WRITING, CONSENTS TO OR REQUESTS DISCLOSURE.
   § 696-F. RESTORATION TO POSITION. 1.  ANY  EMPLOYEE  WHO  TAKES  LEAVE
 UNDER  SECTION  SIX HUNDRED NINETY-SIX-A OF THIS ARTICLE, SHALL BE ENTI-
 TLED TO RETURN FROM SUCH LEAVE AND BE RESTORED TO THE SAME POSITION HELD
 BY SUCH EMPLOYEE WHEN THE LEAVE BEGAN OR BE RESTORED  TO  AN  EQUIVALENT
 POSITION WITH EQUIVALENT BENEFITS, PAY AND OTHER TERMS AND CONDITIONS OF
 EMPLOYMENT.
   2.  THE TAKING OF LEAVE UNDER SECTION SIX HUNDRED NINETY-SIX-A OF THIS
 ARTICLE SHALL NOT RESULT IN THE LOSS OF ANY EMPLOYMENT BENEFITS  ACCRUED
 PRIOR TO THE DATE ON WHICH THE LEAVE BEGAN.
   3.  (A)  EXCEPT  AS  PROVIDED  IN SUBDIVISION TWO OF THIS SECTION, ANY
 EMPLOYEE WHO TAKES LEAVE UNDER SECTION SIX HUNDRED NINETY-SIX-A OF  THIS
 ARTICLE  SHALL  BE  ENTITLED TO CONTINUED COVERAGE UNDER ANY HEALTH CARE
 BENEFITS PLAN PROVIDED BY SUCH PERSON'S EMPLOYER FOR THE DURATION OF THE
 LEAVE.
   (B) THE EMPLOYER MAY RECOVER THE PREMIUM THAT THE  EMPLOYER  PAID  FOR
 MAINTAINING COVERAGE UNDER A HEALTH BENEFITS PLAN FOR THE EMPLOYEE ENTI-
 TLED  TO  LEAVE  UNDER SECTION SIX HUNDRED NINETY-SIX-A OF THIS ARTICLE,
 IF:
   (I) THE EMPLOYEE FAILS TO RETURN TO SUCH PERSON'S EMPLOYMENT ONCE  THE
 LEAVE HAS EXPIRED; AND
   (II) THE EMPLOYEE FAILS TO RETURN TO WORK FOR A REASON OTHER THAN:
   (A)  THE  CONTINUATION,  RECURRENCE,  OR  ONSET  OF DOMESTIC OR SEXUAL
 VIOLENCE THAT ENTITLES THE EMPLOYEE TO LEAVE PURSUANT TO  THIS  SECTION;
 OR
   (B) OTHER CIRCUMSTANCES BEYOND THE CONTROL OF THE EMPLOYEE.
   § 696-G. PROHIBITED ACTS. 1. INTERFERENCE WITH RIGHTS.
   (A)  EXERCISE  OF  RIGHTS.  IT  SHALL  BE UNLAWFUL FOR ANY EMPLOYER TO
 INTERFERE WITH, RESTRAIN, OR DENY THE EXERCISE  OF  OR  THE  ATTEMPT  TO
 EXERCISE ANY RIGHT PROVIDED UNDER THIS ARTICLE.
   (B)  EMPLOYER DISCRIMINATION. IT SHALL BE UNLAWFUL FOR ANY EMPLOYER TO
 DISCHARGE OR HARASS ANY INDIVIDUAL, OR  OTHERWISE  DISCRIMINATE  AGAINST
 ANY INDIVIDUAL WITH RESPECT TO COMPENSATION, TERMS, CONDITIONS, OR PRIV-
 ILEGES  OF  EMPLOYMENT  OF  THE INDIVIDUAL (INCLUDING RETALIATION IN ANY
 FORM OR MANNER) BECAUSE THE  INDIVIDUAL  EXERCISED  ANY  RIGHT  PROVIDED
 UNDER  THIS  ARTICLE OR OPPOSED ANY PRACTICE MADE UNLAWFUL BY THIS ARTI-
 CLE.
   2. INTERFERENCE WITH PROCEEDINGS OR INQUIRIES. IT  SHALL  BE  UNLAWFUL
 FOR  ANY  PERSON  TO  DISCHARGE  OR IN ANY OTHER MANNER DISCRIMINATE (AS

 S. 4850                             4
 
 DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS  SECTION)  AGAINST
 ANY INDIVIDUAL BECAUSE SUCH INDIVIDUAL:
   (A) HAS FILED ANY CHARGE, OR HAS INSTITUTED OR CAUSED TO BE INSTITUTED
 ANY PROCEEDING, UNDER OR RELATED TO THIS ARTICLE;
   (B) HAS GIVEN, OR IS ABOUT TO GIVE, ANY INFORMATION IN CONNECTION WITH
 ANY  INQUIRY  OR  PROCEEDING  RELATING  TO ANY RIGHT PROVIDED UNDER THIS
 ARTICLE; OR
   (C) HAS TESTIFIED, OR IS ABOUT TO TESTIFY, IN ANY INQUIRY OR  PROCEED-
 ING RELATING TO ANY RIGHT PROVIDED UNDER THIS ARTICLE.
   §  696-H.  CIVIL  ACTION.  1.  BY EMPLOYEE. ANY PERSON DENIED LEAVE OR
 BENEFITS DUE UNDER THIS ARTICLE OR AGGRIEVED BY AN ACTION MADE  UNLAWFUL
 BY THIS ARTICLE SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF APPROPRIATE
 JURISDICTION  FOR DAMAGES, INCLUDING ANY WAGES, SALARY, EMPLOYMENT BENE-
 FITS OR OTHER COMPENSATION DENIED OR LOST TO SUCH INDIVIDUAL BY  REASONS
 OF  THE  VIOLATION  AND/OR  ANY  ACTUAL MONETARY LOSSES SUSTAINED BY THE
 INDIVIDUAL AS A DIRECT RESULT OF THE VIOLATION, AS WELL AS  INTEREST  ON
 SUCH AMOUNT CALCULATED AT THE PREVAILING RATE, AND SUCH EQUITABLE RELIEF
 AS   MAY   BE  APPROPRIATE,  INCLUDING  EMPLOYMENT,  REINSTATEMENT,  AND
 PROMOTION, TOGETHER WITH COSTS AND SUCH REASONABLE  ATTORNEYS'  FEES  AS
 MAY  BE ALLOWED BY THE COURT, AND IF THE VIOLATION WAS WILLFUL, AN ADDI-
 TIONAL AMOUNT AS LIQUIDATED DAMAGES EQUAL TO TWENTY-FIVE PERCENT OF  THE
 TOTAL OF SUCH DAMAGES FOUND TO BE DUE.
   2. BY COMMISSIONER. ON BEHALF OF ANY EMPLOYEE DENIED LEAVE OR BENEFITS
 DUE  UNDER  THIS ARTICLE OR AGGRIEVED BY AN ACTION MADE UNLAWFUL BY THIS
 ARTICLE, THE INDUSTRIAL COMMISSIONER MAY BRING A LEGAL ACTION  NECESSARY
 TO  COLLECT  DAMAGES  DUE  TO  THE  VIOLATION, AND THE EMPLOYER SHALL BE
 REQUIRED TO PAY SUCH DAMAGES AND IF SUCH VIOLATION WAS WILLFUL, AN ADDI-
 TIONAL AMOUNT AS LIQUIDATED DAMAGES EQUAL TO TWENTY-FIVE PERCENT OF  THE
 TOTAL OF SUCH DAMAGES FOUND TO BE DUE.
   3.  LIMITATION OF TIME. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN
 ACTION TO RECOVER  UPON  LIABILITY  IMPOSED  BY  THIS  ARTICLE  MUST  BE
 COMMENCED WITHIN TWO YEARS.
   §  696-I.  SAVINGS  CLAUSE.  IF  ANY  PROVISION OF THIS ARTICLE OR THE
 APPLICATION THEREOF TO ANY PERSON, EMPLOYER, OCCUPATION OR  CIRCUMSTANCE
 IS  HELD  INVALID,  THE  REMAINDER OF THE ARTICLE AND THE APPLICATION OF
 SUCH PROVISION TO OTHER  PERSONS,  EMPLOYEES,  OCCUPATIONS,  OR  CIRCUM-
 STANCES SHALL NOT BE AFFECTED THEREBY.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S4850

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

co-Sponsors

2019-S4850 (ACTIVE) - Details

2019-S4850 (ACTIVE) - Summary

2019-S4850 (ACTIVE) - Sponsor Memo

2019-S4850 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4850

Share this bill

Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Labor Committee

co-Sponsors

Jamaal T. Bailey

Neil D. Breslin

Brad Hoylman-Sigal

Timothy M. Kennedy

2019-S4850 (ACTIVE) - Details

2019-S4850 (ACTIVE) - Summary

2019-S4850 (ACTIVE) - Sponsor Memo

2019-S4850 (ACTIVE) - Bill Text download pdf

Comments