S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3126
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced by M. of A. STECK -- Multi-Sponsored by -- M. of A. DINOWITZ,
   FAHY,  GOTTFRIED -- read once and referred to the Committee on Govern-
   mental Operations
 
 AN ACT to amend the executive law, in relation to requiring employers to
   provide a reasonable accommodation to employees who have children  who
   are unable to return to a childcare provider as a result of a pandemic
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  296-e
 to read as follows:
   § 296-E. REASONABLE ACCOMMODATION FOR EMPLOYEES DURING A PANDEMIC.  1.
 (A) AN EMPLOYER SHALL MAKE REASONABLE ACCOMMODATIONS FOR AN EMPLOYEE (I)
 WHOSE  CHILD  WAS ENROLLED IN A DAY CARE PROGRAM, A BEFORE OR AFTER-CARE
 PROGRAM, OR A SCHOOL THAT SHUT DOWN OR CLOSED, CHANGED ITS  SCHEDULE  OR
 REDUCED THE HOURS OF ON-LOCATION OPERATION BECAUSE OF A PANDEMIC SUCH AS
 COVID-19  WHEN SUCH EMPLOYEE, WITH REASONABLE EFFORTS, HAS NOT BEEN ABLE
 TO OBTAIN REPLACEMENT SERVICES, OR (II) WHEN SUCH SERVICES WERE PROVIDED
 BY A CAREGIVER OR CHILDCARE PROVIDER WHO  HAS  AN  UNDERLYING  CONDITION
 THAT PUTS THEM AT-RISK FOR SEVERE ILLNESS DUE TO COVID-19 INCLUDING, BUT
 NOT LIMITED TO CHRONIC PULMONARY, LUNG, LIVER, OR KIDNEY DISEASE, MODER-
 ATE-TO-SEVERE  ASTHMA,  DIABETES,  HEMOGLOBIN  DISORDERS,  SERIOUS HEART
 CONDITIONS, SEVERE OBESITY, THE INDIVIDUAL IS IMMUNOCOMPROMISED OR OTHER
 CONDITION CERTIFIED AS SUBSTANTIALLY SIMILAR BY A  PHYSICIAN  AND  AS  A
 RESULT  IS  NO LONGER WILLING TO PROVIDE SUCH SERVICES, OR (III) WHO HAS
 AN UNDERLYING CONDITION AS DESCRIBED IN SUBPARAGRAPH (II) OF THIS  PARA-
 GRAPH.
   (B)  ACCOMMODATIONS  UNDER  THIS SECTION SHALL INCLUDE, IN ADDITION TO
 ANY SET FORTH IN SUBDIVISION TWENTY-ONE-E OF SECTION TWO  HUNDRED  NINE-
 TY-TWO  OF THIS ARTICLE; FLEXIBLE WORK HOURS, PART-TIME OR MODIFIED WORK
 SCHEDULES; ALTERING THE TIMES WHEN CERTAIN WORK FUNCTIONS ARE PERFORMED;
 TELECOMMUTING; WORKING FROM HOME; CHANGING POLICIES;  THE  PROVISION  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04331-01-1

 A. 3126                             2
 
 CHILDCARE  AS  A  SUBSTITUTE  FOR  DAY, BEFORE OR AFTER-CARE PROGRAMS AT
 SCHOOL OR OTHER CHILDCARE FACILITY WHICH SHALL  COMPLY  WITH  GUIDELINES
 ISSUED  BY  THE  CENTERS  FOR  DISEASE  CONTROL  AND PREVENTION AND BE A
 PROGRAM  APPROVED  BY  THE  COUNTY HEALTH DEPARTMENT, PROVIDED, HOWEVER,
 THAT NO EMPLOYER SHALL BE REQUIRED TO MAKE AN ACCOMMODATION THAT REPRES-
 ENTS AN UNDUE HARDSHIP ON SUCH EMPLOYER.
   (C) THE EMPLOYER AND EMPLOYEE SHALL ENGAGE IN AN  INTERACTIVE  PROCESS
 TO DETERMINE THE APPROPRIATE REASONABLE ACCOMMODATION DUE THE EMPLOYEE.
   (D)  ENFORCEMENT  OF  THIS  SECTION SHALL BE PURSUANT TO PROVISIONS OF
 THIS CHAPTER. A PREVAILING PLAINTIFF SHALL RECOVER ALL ATTORNEYS'  FEES,
 EXPERT  WITNESS FEES, COSTS, AND DISBURSEMENTS INCURRED IN PROSECUTING A
 PROCEEDING OR CASE UNDER THIS SECTION, WHETHER ENFORCEMENT IS BEFORE THE
 DIVISION OF HUMAN RIGHTS OR IN A COURT OF COMPETENT JURISDICTION.
   2. IF ANY CLAUSE, SENTENCE, PARAGRAPH OR PART OF THIS SECTION  OR  THE
 APPLICATION  THEREOF  TO  ANY  PERSON  OR  CIRCUMSTANCES, SHALL, FOR ANY
 REASON, BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION TO BE  INVALID,
 SUCH  JUDGMENT  SHALL  NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OF
 THIS SECTION.
   § 2. This act shall take effect immediately.