S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8000
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             September 1, 2023
                                ___________
 
 Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
   tee on Labor
 
 AN  ACT to amend the labor law, in relation to the entitlement to unpaid
   leave of absence from employment for victims of domestic violence
 
   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 article 19-E to
 read as follows:
                               ARTICLE 19-E
                        UNPAID LEAVE OF ABSENCE FOR
                  VICTIMS OF DOMESTIC OR SEXUAL VIOLENCE
 
 SECTION 697-A. DEFINITIONS.
         697-B. ENTITLEMENT TO LEAVE.
         697-C. LEAVE TAKEN INTERMITTENTLY OR ON REDUCED LEAVE SCHEDULE.
         697-D. NOTICE OF INTENTION TO TAKE LEAVE.
         697-E. CERTIFICATION.
         697-F. CONFIDENTIALITY.
         697-G. RESTORATION TO POSITION.
         697-H. PROHIBITED ACTS.
         697-I. CIVIL ACTION.
         697-J. SAVINGS CLAUSE.
   § 697-A. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "VICTIM OF DOMESTIC OR SEXUAL ABUSE" SHALL MEAN A VICTIM OF  DOMES-
 TIC VIOLENCE, A SEX OFFENSE, OR STALKING.
   2.    "VICTIM  OF DOMESTIC VIOLENCE" SHALL MEAN AN INDIVIDUAL WHO IS A
 VICTIM OF AN ACT WHICH WOULD CONSTITUTE A  FAMILY  OFFENSE  PURSUANT  TO
 SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT.
   3.  "VICTIM  OF  A  SEX OFFENSE" SHALL MEAN A VICTIM OF AN ACT OR ACTS
 THAT WOULD CONSTITUTE A VIOLATION OF ARTICLE ONE HUNDRED THIRTY  OF  THE
 PENAL LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07876-01-3
              

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   4.  "VICTIM  OF  STALKING"  SHALL MEAN A VICTIM OF AN ACT OR ACTS THAT
 WOULD CONSTITUTE A VIOLATION OF SECTION 120.45, 120.50, 120.55 OR 120.60
 OF THE PENAL LAW.
   5.  "EMPLOYEE" SHALL MEAN A PERSON WHO IS EMPLOYED FOR AT LEAST TWELVE
 MONTHS FOR NOT LESS THAN ONE THOUSAND BASE HOURS DURING THE  IMMEDIATELY
 PRECEDING TWELVE MONTH PERIOD.
   6.  "EMPLOYER"  SHALL MEAN A PERSON OR CORPORATION, PARTNERSHIP, INDI-
 VIDUAL PROPRIETORSHIP, JOINT VENTURE, FIRM OR COMPANY, OR OTHER  SIMILAR
 LEGAL ENTITY WHICH ENGAGES THE SERVICES OF AN EMPLOYEE AND EMPLOYS TWEN-
 TY-FIVE  OR MORE EMPLOYEES FOR EACH WORKING DAY DURING EACH OF TWENTY OR
 MORE CALENDAR WORK WEEKS IN THE THEN CURRENT  OR  IMMEDIATELY  PRECEDING
 CALENDAR  YEAR. "EMPLOYER" INCLUDES THE STATE, ANY POLITICAL SUBDIVISION
 THEREOF, AND ALL PUBLIC OFFICES, AGENCIES, BOARDS OR BODIES.
   § 697-B. ENTITLEMENT TO LEAVE. ANY EMPLOYEE  OF  AN  EMPLOYER  IN  THE
 STATE  WHO  IS A VICTIM OF DOMESTIC OR SEXUAL VIOLENCE SHALL BE ELIGIBLE
 FOR TWENTY DAYS OF UNPAID LEAVE FROM THEIR EMPLOYMENT DURING ANY  TWELVE
 MONTH  PERIOD IN ORDER TO ADDRESS DOMESTIC OR SEXUAL VIOLENCE OR ONGOING
 EFFECTS OF SUCH DOMESTIC OR SEXUAL VIOLENCE, INCLUDING BUT  NOT  LIMITED
 TO:
   1.  SEEKING MEDICAL ATTENTION FOR, OR RECOVERING OR TAKING CARE OF THE
 VICTIM'S CHILD WHILE THE CHILD RECOVERS FROM, ANY PHYSICAL OR PSYCHOLOG-
 ICAL INJURIES CAUSED BY THE DOMESTIC OR SEXUAL VIOLENCE; OR
   2. ATTENDING COUNSELING SESSIONS FOR THE VICTIM OF DOMESTIC OR  SEXUAL
 VIOLENCE OR FOR SUCH VICTIM'S CHILD IN ORDER TO DEAL WITH THE EFFECTS OF
 THE DOMESTIC OR SEXUAL VIOLENCE; OR
   3.  SEEKING  LEGAL ASSISTANCE INCLUDING ATTENDING COURT PROCEEDINGS OR
 MEETING OR COMMUNICATING WITH AN ATTORNEY OR A MEMBER  OF  LAW  ENFORCE-
 MENT; OR
   4.  SEEKING  SERVICES FOR THE VICTIM OF DOMESTIC OR SEXUAL VIOLENCE OR
 FOR SUCH VICTIM'S CHILD FROM A RESIDENTIAL  OR  NON-RESIDENTIAL  PROGRAM
 FOR VICTIMS OF DOMESTIC OR SEXUAL VIOLENCE; OR
   5.  ENGAGING  IN  SAFETY PLANNING, INCLUDING ARRANGING TO RELOCATE AND
 RELOCATING TO A TEMPORARY  OR  PERMANENT  NEW  RESIDENCE,  IN  ORDER  TO
 DECREASE THE RISK OF FUTURE DOMESTIC OR SEXUAL VIOLENCE.
   § 697-C.  LEAVE TAKEN INTERMITTENTLY OR ON REDUCED LEAVE SCHEDULE. THE
 LEAVE PURSUANT TO SECTION SIX HUNDRED NINETY-SEVEN-B OF THIS ARTICLE MAY
 BE  TAKEN  ON A REDUCED LEAVE SCHEDULE OR INTERMITTENTLY IF THE EMPLOYEE
 AND EMPLOYER AGREE ON THE SCHEDULE. TAKING LEAVE ON A REDUCED  LEAVE  OR
 INTERMITTENT  SCHEDULE  SHALL NOT RESULT IN A REDUCTION IN THE AMOUNT OF
 TOTAL LEAVE A VICTIM OF DOMESTIC OR SEXUAL VIOLENCE IS  ENTITLED  TO  IN
 THE TWELVE MONTH PERIOD.
   § 697-D.  NOTICE OF INTENTION TO TAKE LEAVE. AN EMPLOYEE SHALL PROVIDE
 AN  EMPLOYER  WITH REASONABLE NOTICE OF THE EMPLOYEE'S INTENTION TO TAKE
 LEAVE PURSUANT TO SECTION SIX HUNDRED  NINETY-SEVEN-B  OF  THIS  ARTICLE
 UNLESS  PROVIDING  SUCH  NOTICE  IS NOT PRACTICABLE. WHEN AN UNSCHEDULED
 ABSENCE OCCURS, THE EMPLOYER MAY NOT TAKE ANY ACTION AGAINST THE EMPLOY-
 EE IF THE EMPLOYEE,  WITHIN  A  REASONABLE  PERIOD  OF  TIME  AFTER  THE
 ABSENCE,  PROVIDES  CERTIFICATION  AS  SET  FORTH IN SECTION SIX HUNDRED
 NINETY-SEVEN-E OF THIS ARTICLE.
   § 697-E.  CERTIFICATION. IN ORDER TO DETERMINE WHETHER THE EMPLOYEE IS
 A VICTIM OF DOMESTIC OR SEXUAL VIOLENCE, THE EMPLOYER MAY  REQUIRE  THAT
 THE REQUEST FOR LEAVE BE SUPPORTED BY ONE OF THE FOLLOWING:
   1.  A  SWORN  STATEMENT  SUBMITTED BY THE VICTIM OF DOMESTIC OR SEXUAL
 VIOLENCE DESCRIBING SUCH VICTIM'S NEED FOR LEAVE TO ADDRESS THE  ONGOING
 EFFECTS OF DOMESTIC OR SEXUAL VIOLENCE; OR
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   2.  ANY  DOCUMENTATION  OF  THE DOMESTIC OR SEXUAL VIOLENCE, INCLUDING
 POLICE REPORTS, COURT RECORDS, STATEMENTS FROM  A  SHELTER  WORKER,  LAW
 ENFORCEMENT  OFFICER, MEDICAL WORKER, COUNSELOR, CLERGY MEMBER, ATTORNEY
 OR ANY OTHER PROFESSIONAL FROM WHOM THE EMPLOYEE HAS  SOUGHT  ASSISTANCE
 TO ADDRESS THE DOMESTIC OR SEXUAL VIOLENCE AND ITS EFFECTS; OR
   3.  ANY  OTHER  CORROBORATING  EVIDENCE  INCLUDING  PHYSICAL EVIDENCE,
 PHOTOGRAPHS, OR STATEMENTS FROM OTHER INDIVIDUALS WHO ARE AWARE  OF  THE
 DOMESTIC OR SEXUAL VIOLENCE AND ITS EFFECTS.
   §  697-F.  CONFIDENTIALITY.  ANY INFORMATION PROVIDED TO THE EMPLOYER,
 INCLUDING BUT NOT LIMITED TO INFORMATION UNDER SECTION SIX HUNDRED NINE-
 TY-SEVEN-E OF THIS ARTICLE, DESCRIBING THE DOMESTIC OR  SEXUAL  VIOLENCE
 IN  THE  EMPLOYEE'S  LIFE AND THE REQUEST TO TAKE A LEAVE TO ADDRESS THE
 EFFECTS OF DOMESTIC OR SEXUAL VIOLENCE, SHALL BE  KEPT  CONFIDENTIAL  BY
 THE  EMPLOYER.    DISCLOSURE  SHALL  ONLY BE ALLOWED IF THE EMPLOYEE, IN
 WRITING, CONSENTS TO OR REQUESTS DISCLOSURE.
   § 697-G. RESTORATION TO POSITION. 1.  ANY  EMPLOYEE  WHO  TAKES  LEAVE
 UNDER SECTION SIX HUNDRED NINETY-SEVEN-B OF THIS ARTICLE, SHALL BE ENTI-
 TLED TO RETURN FROM SUCH LEAVE AND BE RESTORED TO THE SAME POSITION HELD
 BY  SUCH  EMPLOYEE  WHEN THE LEAVE BEGAN OR BE RESTORED TO AN EQUIVALENT
 POSITION WITH EQUIVALENT BENEFITS, PAY AND OTHER TERMS AND CONDITIONS OF
 EMPLOYMENT.
   2. THE TAKING OF LEAVE UNDER SECTION  SIX  HUNDRED  NINETY-SEVEN-B  OF
 THIS  ARTICLE  SHALL  NOT  RESULT IN THE LOSS OF ANY EMPLOYMENT BENEFITS
 ACCRUED PRIOR TO THE DATE ON WHICH THE LEAVE BEGAN.
   3. (A) EXCEPT AS PROVIDED IN SUBDIVISION  TWO  OF  THIS  SECTION,  ANY
 EMPLOYEE  WHO  TAKES  LEAVE  UNDER SECTION SIX HUNDRED NINETY-SEVEN-B OF
 THIS ARTICLE SHALL BE ENTITLED TO CONTINUED COVERAGE  UNDER  ANY  HEALTH
 CARE  BENEFITS  PLAN PROVIDED BY SUCH PERSON'S EMPLOYER FOR THE DURATION
 OF THE LEAVE.
   (B) THE EMPLOYER MAY RECOVER THE PREMIUM THAT THE  EMPLOYER  PAID  FOR
 MAINTAINING COVERAGE UNDER A HEALTH BENEFITS PLAN FOR THE EMPLOYEE ENTI-
 TLED  TO LEAVE UNDER SECTION SIX HUNDRED NINETY-SEVEN-B OF THIS ARTICLE,
 IF:
   (I) THE EMPLOYEE FAILS TO RETURN TO SUCH PERSON'S EMPLOYMENT ONCE  THE
 LEAVE HAS EXPIRED; AND
   (II) THE EMPLOYEE FAILS TO RETURN TO WORK FOR A REASON OTHER THAN:
   (A)  THE  CONTINUATION,  RECURRENCE,  OR  ONSET  OF DOMESTIC OR SEXUAL
 VIOLENCE THAT ENTITLES THE EMPLOYEE TO LEAVE PURSUANT TO  THIS  SECTION;
 OR
   (B) OTHER CIRCUMSTANCES BEYOND THE CONTROL OF THE EMPLOYEE.
   §  697-H.  PROHIBITED ACTS. 1. INTERFERENCE WITH RIGHTS.  (A) EXERCISE
 OF RIGHTS. IT SHALL BE UNLAWFUL FOR  ANY  EMPLOYER  TO  INTERFERE  WITH,
 RESTRAIN,  OR  DENY THE EXERCISE OF OR THE ATTEMPT TO EXERCISE ANY RIGHT
 PROVIDED UNDER THIS ARTICLE.
   (B) EMPLOYER DISCRIMINATION. IT SHALL BE UNLAWFUL FOR ANY EMPLOYER  TO
 DISCHARGE  OR  HARASS  ANY INDIVIDUAL, OR OTHERWISE DISCRIMINATE AGAINST
 ANY INDIVIDUAL WITH RESPECT TO COMPENSATION, TERMS, CONDITIONS, OR PRIV-
 ILEGES OF EMPLOYMENT OF THE INDIVIDUAL  (INCLUDING  RETALIATION  IN  ANY
 FORM  OR  MANNER)  BECAUSE  THE  INDIVIDUAL EXERCISED ANY RIGHT PROVIDED
 UNDER THIS ARTICLE OR OPPOSED ANY PRACTICE MADE UNLAWFUL BY  THIS  ARTI-
 CLE.
   2.  INTERFERENCE  WITH  PROCEEDINGS OR INQUIRIES. IT SHALL BE UNLAWFUL
 FOR ANY PERSON TO DISCHARGE OR IN  ANY  OTHER  MANNER  DISCRIMINATE  (AS
 DESCRIBED  IN  PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION) AGAINST
 ANY INDIVIDUAL BECAUSE SUCH INDIVIDUAL:
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   (A) HAS FILED ANY CHARGE, OR HAS INSTITUTED OR CAUSED TO BE INSTITUTED
 ANY PROCEEDING, UNDER OR RELATED TO THIS ARTICLE;
   (B) HAS GIVEN, OR IS ABOUT TO GIVE, ANY INFORMATION IN CONNECTION WITH
 ANY  INQUIRY  OR  PROCEEDING  RELATING  TO ANY RIGHT PROVIDED UNDER THIS
 ARTICLE; OR
   (C) HAS TESTIFIED, OR IS ABOUT TO TESTIFY, IN ANY INQUIRY OR  PROCEED-
 ING RELATING TO ANY RIGHT PROVIDED UNDER THIS ARTICLE.
   §  697-I.  CIVIL  ACTION.  1.  BY EMPLOYEE. ANY PERSON DENIED LEAVE OR
 BENEFITS DUE UNDER THIS ARTICLE OR AGGRIEVED BY AN ACTION MADE  UNLAWFUL
 BY THIS ARTICLE SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF APPROPRIATE
 JURISDICTION  FOR DAMAGES, INCLUDING ANY WAGES, SALARY, EMPLOYMENT BENE-
 FITS OR OTHER COMPENSATION DENIED OR LOST TO SUCH INDIVIDUAL BY  REASONS
 OF  THE  VIOLATION  AND/OR  ANY  ACTUAL MONETARY LOSSES SUSTAINED BY THE
 INDIVIDUAL AS A DIRECT RESULT OF THE VIOLATION, AS WELL AS  INTEREST  ON
 SUCH AMOUNT CALCULATED AT THE PREVAILING RATE, AND SUCH EQUITABLE RELIEF
 AS   MAY   BE  APPROPRIATE,  INCLUDING  EMPLOYMENT,  REINSTATEMENT,  AND
 PROMOTION, TOGETHER WITH COSTS AND SUCH REASONABLE  ATTORNEYS'  FEES  AS
 MAY  BE ALLOWED BY THE COURT, AND IF THE VIOLATION WAS WILLFUL, AN ADDI-
 TIONAL AMOUNT AS LIQUIDATED DAMAGES EQUAL TO TWENTY-FIVE PERCENT OF  THE
 TOTAL OF SUCH DAMAGES FOUND TO BE DUE.
   2. BY COMMISSIONER. ON BEHALF OF ANY EMPLOYEE DENIED LEAVE OR BENEFITS
 DUE  UNDER  THIS ARTICLE OR AGGRIEVED BY AN ACTION MADE UNLAWFUL BY THIS
 ARTICLE, THE INDUSTRIAL COMMISSIONER MAY BRING A LEGAL ACTION  NECESSARY
 TO  COLLECT  DAMAGES  DUE  TO  THE  VIOLATION, AND THE EMPLOYER SHALL BE
 REQUIRED TO PAY SUCH DAMAGES AND IF SUCH VIOLATION WAS WILLFUL, AN ADDI-
 TIONAL AMOUNT AS LIQUIDATED DAMAGES EQUAL TO TWENTY-FIVE PERCENT OF  THE
 TOTAL OF SUCH DAMAGES FOUND TO BE DUE.
   3.  LIMITATION OF TIME. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN
 ACTION TO RECOVER  UPON  LIABILITY  IMPOSED  BY  THIS  ARTICLE  MUST  BE
 COMMENCED WITHIN TWO YEARS.
   §  697-J.  SAVINGS  CLAUSE.  IF  ANY  PROVISION OF THIS ARTICLE OR THE
 APPLICATION THEREOF TO ANY PERSON, EMPLOYER, OCCUPATION OR  CIRCUMSTANCE
 IS  HELD  INVALID,  THE  REMAINDER OF THE ARTICLE AND THE APPLICATION OF
 SUCH PROVISION TO OTHER  PERSONS,  EMPLOYEES,  OCCUPATIONS,  OR  CIRCUM-
 STANCES SHALL NOT BE AFFECTED THEREBY.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.