BILL NUMBER: S7308A

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to providing
for paid family leave following any pregnancy outcome

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill provides for paid family leave following any pregnancy
outcome.

 
SUMMARY OF SPECIFIC PROVISIONS:

This legislation looks to amend workers compensation law. This legis-
lation allows mothers or the non-birthing parent and family members of a
person affected by the result of any pregnancy outcome time to properly
cope with potential emotions left with a loss of life. As a result of
the sudden loss of a child or another outcome, family members tend to
have a slower and longer bereavement and recovery but period.

              

According to The NY Daily News, MTA bus operator Reinaldo Lopez's wife
delivered a stillborn child and needed Reinaldos support. Reinaldo was
denied time off from the MTA, instead of providing the mental support
needed after sudden death he was left to make a choice between income
and family.

Losing a child is difficult on a person's mental health and having to
choose between family and income is a choice no one should have to make.
Losing a child is an unforeseen circumstance that can affect someone for
the rest of their life. Without proper treatment the results can have
serious implications on someone's mental health resulting in long term
sometimes life-threatening effects.

 
JUSTIFICATION:

This bill is the first of its kind to cover all pregnancy outcomes under
paid family leave. "Pregnancy outcome" is a common term used to refer to
the final result of a fertilization event. Types of pregnancy outcomes
include live birth (full term or preterm birth), stillbirth, miscar-
riage, spontaneous abortion, and induced abortion.  The term is
frequently used in the reproductive health and justice spheres when
assessing the social factors that negatively impact certain communities
in relation to pregnancy and pregnancy outcomes.

There is a striking absence of laws protecting the workplace rights of
people who have experienced miscarriage. Importantly, a number of schol-
ars and advocates have noted how laws that prohibit pregnancy discrimi-
nation have fallen short in reaching discrimination on the basis of
pregnancy outcome. For this reason, it is important to include this
additional term in a comprehensive equality act.

According to The NY Daily News, MTA bus operator Reinaldo Lopez's wife
delivered a stillborn child and needed Reinaldos support. Reinaldo was
denied time off from the MTA, instead of providing the mental support
needed after sudden death he was left to make a choice between income
and family. Losing a child is difficult on a person's mental health and

having to choose between family and income is a choice no one should
have to make.

Losing a child is an unforeseen circumstance that can affect someone for
the rest of their life. Without proper treatment the results can have
serious implications on someone's mental health, resulting in long term
sometimes life-threatening effects.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: print number A10244, referred to labor.

 
FISCAL IMPLICATIONS:

TBD.

 
EFFECTIVE DATE:
This law shall take effect on the nineteenth day, after it shall become
a law.