S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6225
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 15, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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 expanding the use of  sick
   leave to include bereavement
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph a of subdivision 4 of section 196-b of the  labor
 law,  as added by section 1 of part J of chapter 56 of the laws of 2020,
 is amended to read as follows:
   a. On and after January first, two thousand twenty-one  and  upon  the
 oral  or  written  request  of  an  employee,  an employer shall provide
 accrued sick leave for the following purposes:
   (i) [for] FOR a mental or physical illness, injury, or  health  condi-
 tion  of  such  employee or such employee's family member, regardless of
 whether such illness, injury, or health condition has been diagnosed  or
 requires  medical  care  at  the  time  that such employee requests such
 leave[;].
   (ii) [for] FOR the diagnosis, care, or treatment of a mental or  phys-
 ical illness, injury or health condition of, or need for medical diagno-
 sis  of, or preventive care for, such employee or such employee's family
 member[; or].
   (iii) [for] FOR an absence from work  due  to  any  of  the  following
 reasons  when  the  employee  or  employee's  family member has been the
 victim of domestic  violence  pursuant  to  subdivision  thirty-four  of
 section  two  hundred ninety-two of the executive law, a family offense,
 sexual offense, stalking, or human trafficking:
   (a) to obtain services from a domestic violence shelter,  rape  crisis
 center, or other services program;
   (b)  to  participate  in  safety  planning, temporarily or permanently
 relocate, or take other actions to increase the safety of  the  employee
 or employee's family members;

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

                                                            LBD10812-02-1

 S. 6225                             2
 
   (c)  to  meet  with  an  attorney or other social services provider to
 obtain information and advice on, and prepare for or participate in  any
 criminal or civil proceeding;
   (d)  to file a complaint or domestic incident report with law enforce-
 ment;
   (e) to meet with a district attorney's office;
   (f) to enroll children in a new school; or
   (g) to take any other actions necessary to ensure the health or safety
 of the employee or the employee's family member or to protect those  who
 associate or work with the employee.
   For  purposes  of  this  subdivision,  the  reasons  outlined above in
 [subparagraph] CLAUSE (a) through (g) must be related  to  the  domestic
 violence,  family  offense, sexual offense, stalking, or human traffick-
 ing. Provided further that a person  who  has  committed  such  domestic
 violence, family offense, sexual offense, stalking, or human trafficking
 shall not be eligible for leave under this subdivision for situations in
 which  the  person committed such offense and was not a victim, notwith-
 standing any family relationship.
   (IV) FOR THE PURPOSES OF  BEREAVEMENT, INCLUDING BUT  NOT  LIMITED  TO
 FOLLOWING  THE UNPLANNED END OF AN EMPLOYEE'S CONFIRMED PREGNANCY BY WAY
 OF A MISCARRIAGE OR STILL-BIRTH OR FOLLOWING THE UNPLANNED END OF ANOTH-
 ER PERSON'S CONFIRMED PREGNANCY, BY WAY OF A MISCARRIAGE OR STILL-BIRTH,
 IF THE EMPLOYEE IS THE PERSON'S  SPOUSE  OR  PARTNER,  IS  THE  PERSON'S
 FORMER  SPOUSE  OR  PARTNER AND WOULD HAVE BEEN A BIOLOGICAL PARENT OF A
 CHILD BORN AS THE RESULT OF THE PREGNANCY, OR IS  THE  PERSON'S  GENETIC
 SURROGATE  AS  SUCH TERM IS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE OF
 THE DOMESTIC RELATIONS LAW.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.