S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5090--A
     Cal. No. 640
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 9, 2019
                                ___________
 
 Introduced by Sens. PARKER, FUNKE -- read twice and ordered printed, and
   when  printed  to  be  committed to the Committee on Labor -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading

 AN ACT to amend the workers' compensation law, in relation to  providing
   four weeks of leave for victims of abuse
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 15 of section 201 of the work-
 ers' compensation law, as added by section 2 of part SS of chapter 54 of
 the laws of 2016, is amended and a new paragraph (d) is added to read as
 follows:
   (c) because of any qualifying exigency as interpreted under the family
 and medical  leave  act,  29  U.S.C.S  §  2612(a)(1)(e)  and  29  C.F.R.
 S.825.126(a)(1)-(8),  arising  out of the fact that the spouse, domestic
 partner, child, or parent of the employee is on active duty (or has been
 notified of an impending call or order to  active  duty)  in  the  armed
 forces of the United States[.]; OR
   (D)  TO  SEEK  SERVICES  AS  A  VICTIM OF DOMESTIC OR SEXUAL VIOLENCE,
 INCLUDING, BUT NOT LIMITED TO, MEDICAL ATTENTION FROM  ANY  PHYSICAL  OR
 PSYCHOLOGICAL  INJURIES,  ATTENDING COUNSELING SESSIONS IN ORDER TO DEAL
 WITH THE EFFECTS OF SUCH INJURIES, SEEKING  LEGAL  ASSISTANCE  INCLUDING
 ATTENDANCE  IN COURT PROCEEDINGS OR TO COMMUNICATE WITH AN ATTORNEY, AND
 SEEKING SERVICES ALLOWING FOR RELOCATING TO  A  PERMANENT  OR  TEMPORARY
 RESIDENCE.
   §  1-a.  Section  201  of  the workers' compensation law is amended by
 adding four new subdivisions 24, 25, 26 and 27 to read as follows:
   24. "VICTIM OF DOMESTIC OR SEXUAL ABUSE" MEANS A  VICTIM  OF  DOMESTIC
 VIOLENCE, A SEX OFFENSE, OR STALKING.

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

                                                            LBD10509-02-9

 S. 5090--A                          2
 
   25.  "VICTIM OF DOMESTIC VIOLENCE" MEANS AN INDIVIDUAL WHO IS A VICTIM
 OF AN ACT WHICH WOULD CONSTITUTE A FAMILY OFFENSE PURSUANT  TO  SUBDIVI-
 SION ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT.
   26.  "VICTIM  OF A SEX OFFENSE" MEANS AN INDIVIDUAL WHO IS A VICTIM OF
 AN ACT OR ACTS THAT WOULD CONSTITUTE A VIOLATION OF ARTICLE ONE  HUNDRED
 THIRTY OF THE PENAL LAW.
   27. "VICTIM OF STALKING" MEANS AN INDIVIDUAL WHO IS 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.
   § 2. Section 204 of the workers' compensation law is amended by adding
 a new subdivision 3 to read as follows:
   3. NOTWITHSTANDING ANY PROVISION OF LAW TO THE  CONTRARY,  THE  WEEKLY
 BENEFIT  FOR FAMILY LEAVE TAKEN PURSUANT TO PARAGRAPH (D) OF SUBDIVISION
 FIFTEEN OF SECTION TWO HUNDRED ONE OF THIS ARTICLE SHALL NOT EXCEED  TWO
 WEEKS DURING ANY FIFTY-TWO WEEK CALENDAR PERIOD AND SHALL BE SIXTY-SEVEN
 PERCENT  OF  THE  EMPLOYEE'S  AVERAGE  WEEKLY WAGES BUT SHALL NOT EXCEED
 SIXTY-SEVEN PERCENT OF THE NEW YORK STATE AVERAGE WEEKLY WAGE.
   § 3. The workers' compensation law is amended by adding a new  section
 204-a to read as follows:
   §  204-A.  ADDITIONAL  UNPAID  LEAVE FOR VICTIMS OF DOMESTIC OR SEXUAL
 ABUSE. IN ADDITION TO ANY LEAVE TAKEN BY A VICTIM OF DOMESTIC OR  SEXUAL
 ABUSE  PURSUANT TO SECTION TWO HUNDRED FOUR OF THIS ARTICLE, AN ELIGIBLE
 EMPLOYEE MAY TAKE AN ADDITIONAL TWO WEEKS OF  UNPAID  LEAVE  DURING  ANY
 FIFTY-TWO WEEK CALENDAR PERIOD. AN EMPLOYEE TAKING UNPAID LEAVE PURSUANT
 TO  THE  PROVISIONS  OF  THIS  SECTION SHALL OTHERWISE BE TREATED AS ANY
 OTHER COVERED EMPLOYEE FOR THE PURPOSES OF THIS CHAPTER.
   § 4. The department of financial services is authorized to  take  into
 account the provisions of this act when determining the maximum employee
 contribution  for the paid family leave program pursuant to article nine
 of the workers' compensation law.
   § 5. This act shall take effect immediately; provided,  however,  that
 section  three  of  this  act  shall  take effect on January 1, 2021 and
 provided, further, that section two of this act  shall  take  effect  on
 January 1, 2022.