S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    439
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Labor
 
 AN ACT to amend the labor law, in relation to dysmenorrhea  and  use  of
   sick leave
 
   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 section 19 to read
 as follows:
   § 19. SICK LEAVE; DYSMENORRHEA. 1. FOR PURPOSES OF THIS SECTION:
   (A) "EMPLOYER" MEANS A STATE AGENCY, AN OFFICE OR DEPARTMENT,  A  UNIT
 OF LOCAL GOVERNMENT, A SCHOOL DISTRICT, AN INDIVIDUAL, A PARTNERSHIP, AN
 ASSOCIATION,  A  CORPORATION  OR A NONPROFIT ORGANIZATION, WHICH EMPLOYS
 ONE OR MORE EMPLOYEES IN THE STATE OF NEW YORK;
   (B) "DYSMENORRHEA" MEANS  PAINFUL  MENSTRUATION,  TYPICALLY  INVOLVING
 ABDOMINAL CRAMPS; AND
   (C)  "SICK  LEAVE"  SHALL  NOT  INCLUDE  ANY BENEFIT PROVIDED UNDER AN
 EMPLOYEE WELFARE BENEFIT PLAN SUBJECT TO THE FEDERAL EMPLOYEE RETIREMENT
 INCOME SECURITY ACT OF 1974 AND SHALL NOT INCLUDE ANY INSURANCE BENEFIT,
 WORKERS'  COMPENSATION  BENEFIT,  UNEMPLOYMENT  COMPENSATION  DISABILITY
 BENEFIT, OR BENEFIT NOT PAYABLE FROM THE EMPLOYER.
   2. ANY EMPLOYEE WORKING FOR AN EMPLOYER, WHICH PROVIDES SICK LEAVE FOR
 ITS  EMPLOYEES, SHALL BE ENTITLED TO UTILIZE SUCH EMPLOYEE'S ACCRUED AND
 AVAILABLE SICK LEAVE AS A RESULT OF SUFFERING  FROM  DYSMENORRHEA.  SUCH
 LEAVE MAY BE TAKEN IN EITHER FULL DAY OR PARTIAL DAY INCREMENTS.
   3.  EXCEPT  AS  OTHERWISE  PROVIDED  PURSUANT  TO  A  VALID COLLECTIVE
 BARGAINING AGREEMENT, AN EMPLOYER WHO PROVIDES SICK LEAVE FOR  EMPLOYEES
 SHALL  PERMIT  AN  EMPLOYEE TO USE IN ANY CALENDAR YEAR, SUCH EMPLOYEE'S
 ACCRUED AND AVAILABLE SICK LEAVE PURSUANT TO THIS SECTION.
   § 2. Nothing in this act shall be construed  to  impede,  infringe  or
 diminish  the rights and benefits which accrue to employees through bona
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00539-01-1

 A. 439                              2
 
 fide collective bargaining agreements, or otherwise diminish the  integ-
 rity  of  existing collective bargaining agreements and other past prac-
 tices.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided however, the provisions of this act
 shall  not  supersede  any  collective  bargaining agreement, during its
 term, in existence on the effective date of this act.