S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4300
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive  law,  in  relation  to  unpaid  leave  of
   absence  as  a reasonable accommodation under the state's human rights
   law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  21-e of section 292 of the executive law, as
 amended by chapter 369 of the laws  of  2015,  is  amended  to  read  as
 follows:
   21-e.  (A)  The  term  "reasonable  accommodation" means actions taken
 which permit an employee, prospective employee or member with a disabil-
 ity, or a pregnancy-related condition, to perform in a reasonable manner
 the activities involved in the job or  occupation  sought  or  held  and
 include,  but  are  not limited to, provision of an accessible worksite,
 acquisition or modification of equipment, support services  for  persons
 with  impaired  hearing  or  vision, job restructuring and modified work
 schedules; provided, however, that such actions do not impose  an  undue
 hardship on the business, program or enterprise of the entity from which
 action is requested.
   (B)  THE  TERM  "REASONABLE  ACCOMMODATION"  SHALL ALSO MEAN AN UNPAID
 LEAVE OF ABSENCE TO ALLOW  AN  EMPLOYEE  TO  RECOVER  FROM  AN  EPISODIC
 MANIFESTATION  OF  A DISABILITY, PROVIDED THAT THE EMPLOYEE PROVIDES THE
 EMPLOYER WITH MEDICAL  CERTIFICATION  THAT  SUCH  LEAVE  OF  ABSENCE  IS
 MEDICALLY  NECESSARY  FOR  THAT  PURPOSE AND ADVISES THE EMPLOYER OF THE
 APPROXIMATE DATE THE EMPLOYEE WILL BE ABLE TO RETURN TO WORK. AN INDEFI-
 NITE LEAVE OF ABSENCE IS NOT PERMISSIBLE UNDER THIS SUBDIVISION.
   (C) TO DETERMINE THE APPROPRIATE REASONABLE ACCOMMODATION, IT  MAY  BE
 NECESSARY  FOR  THE  COVERED ENTITY TO INITIATE AN INFORMAL, INTERACTIVE
 PROCESS WITH THE INDIVIDUAL WITH A DISABILITY IN NEED  OF  ACCOMMODATION
 AIMED AT DEFINING THE EMPLOYEE'S PRECISE NEEDS AND MINIMIZING ANY IMPACT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05940-01-3
              

 A. 4300                             2
 
 OF THE ACCOMMODATION ON THE EMPLOYEE'S WORK. THIS PROCESS SHOULD IDENTI-
 FY  THE  PRECISE LIMITATIONS RESULTING FROM THE DISABILITY AND POTENTIAL
 REASONABLE ACCOMMODATIONS THAT COULD OVERCOME THOSE LIMITATIONS, INCLUD-
 ING  THE LENGTH OF ANY LEAVE OF ABSENCE PROVIDED FOR IN PARAGRAPH (B) OF
 THIS SUBDIVISION. AS PART OF THE INTERACTIVE  PROCESS,  CONSISTENT  WITH
 THE  PURPOSE  OF  THE  INTERACTIVE  PROCESS, AND TO FACILITATE AGREEMENT
 BETWEEN THE EMPLOYER AND THE EMPLOYEE  AS  TO  THE  REASONABLE  ACCOMMO-
 DATION,  THE  EMPLOYER  MAY REQUEST (1) TO HAVE THE EMPLOYEE'S PHYSICIAN
 RESPOND IN A REASONABLE TIME TO A REASONABLE  NUMBER  OF  NON-BURDENSOME
 QUESTIONS CONCERNING THE EMPLOYEE'S MEDICAL CONDITION OR (2) BE EXAMINED
 BY A MEDICAL DOCTOR OF THE EMPLOYER'S CHOOSING.
   § 2. This act shall take effect immediately.