S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5857--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
   tee  on  Labor  -- recommitted to the Committee on Labor in accordance
   with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the workers' compensation law, in relation to providing
   four days of paid leave for menstrual complications and menopause
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York menstrual and menopause act".
   § 2. Paragraph B of subdivision 9  of  section  201  of  the  workers'
 compensation  law,  as  amended  by  chapter 352 of the laws of 1981, is
 amended to read as follows:
   B. "Disability" also includes disability caused by  or  in  connection
 with a pregnancy OR MENSTRUAL COMPLICATIONS OR MENOPAUSE.
   § 3. Section 201 of the workers' compensation law is amended by adding
 two new subdivisions 25 and 26 to read as follows:
   25.   "MENSTRUAL  COMPLICATIONS"  INCLUDES  HYPOTHYROIDISM,  FIBROIDS,
 MENORRHAGIA, ENDOMETRIOSIS, AND POLYCYSTIC OVARY SYNDROME (PCOS).
   26. "MENOPAUSE" INCLUDES SYMPTOMS SUCH AS VASOMOTOR SYMPTOMS INCLUDING
 HOT FLASHES AND NIGHT SWEATS, CHILLS, SLEEP PROBLEMS, HORMONAL/EMOTIONAL
 IMBALANCES, WEIGHT GAIN AND SLOWED METABOLISM.
   § 4. Paragraph (c) of subdivision 15 of section 201  of  the  workers'
 compensation  law, as added by section 2 of part SS of chapter 54 of the
 laws of 2016, is amended and a new paragraph (d) is  added  to  read  as
 follows:
   (c) because of any qualifying exigency as interpreted under the family
 and  medical  leave  act,  29  U.S.C.S  §  2612(a)(1)(e)  and  29 C.F.R.
 S.825.126(a)(1)-(8), arising out of the fact that the  spouse,  domestic
 partner, child, or parent of the employee is on active duty (or has been
 notified  of  an  impending  call  or order to active duty) in the armed
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01964-04-4
              

 A. 5857--A                          2
 
 forces of the United States[.]; OR (D) TO SEEK  SERVICES  FOR  MENSTRUAL
 COMPLICATIONS  AND  MENOPAUSE  INCLUDING,  BUT  NOT  LIMITED TO, MEDICAL
 ATTENTION FOR ANY PHYSICAL  OR  PSYCHOLOGICAL  IMBALANCES,  AND  SEEKING
 PHYSICIAN  ASSISTANCE  IN  ORDER  TO DEAL WITH THE EFFECTS OF PRESCRIBED
 PHARMACEUTICALS.
   § 5. The workers' compensation law is amended by adding a new  section
 204-a to read as follows:
   §  204-A.  MENSTRUAL COMPLICATIONS AND MENOPAUSE LEAVE. IN ADDITION TO
 ANY LEAVE TAKEN BY AN INDIVIDUAL PURSUANT TO SECTION TWO HUNDRED FOUR OF
 THIS ARTICLE, AN ELIGIBLE EMPLOYEE MAY TAKE AN ADDITIONAL  FOUR  DAYS  A
 MONTH PAID LEAVE DURING ANY FIFTY-TWO-WEEK CALENDAR PERIOD FOR MENSTRUAL
 COMPLICATIONS  AND  MENOPAUSE. AN EMPLOYEE TAKING PAID LEAVE PURSUANT TO
 THE PROVISIONS OF THIS SECTION SHALL OTHERWISE BE TREATED AS  ANY  OTHER
 COVERED EMPLOYEE FOR THE PURPOSES OF THIS CHAPTER.
   §  6.  The department of financial services is authorized to take into
 account the provisions of this act when determining the maximum employee
 contribution for the paid family leave program pursuant to article 9  of
 the workers' compensation law.
   § 7. This act shall take effect immediately.