S T A T E   O F   N E W   Y O R K
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                                  8995--A
 
                           I N  A S S E M B L Y
 
                             February 1, 2024
                                ___________
 
 Introduced  by  M.  of  A.  BICHOTTE HERMELYN, LEVENBERG, AUBRY, DAVILA,
   LUCAS, SEPTIMO -- read once and referred to the Committee on Transpor-
   tation -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend the labor law, in relation to establishing light duty
   during pregnancy and parental leave for railroad employees

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent.  The  legislature  hereby  finds and
 declares that pregnant employees and new parents in the railroad  indus-
 try  face  unique  challenges  that necessitate specific protections and
 accommodations. The intent of this legislation is to ensure  that  preg-
 nant  employees  are  provided  with  suitable light duty assignments to
 safeguard their health and well-being, and to  establish  paid  parental
 leave  benefits to support employees bonding with their newborn or newly
 adopted children. These measures aim to promote  a  safe  and  inclusive
 work environment while balancing the operational needs of employers.
   §  2.  The  labor  law is amended by adding two new sections 167-a and
 167-b to read as follows:
   § 167-A. LIGHT DUTY FOR PREGNANT RAILROAD  EMPLOYEES.  1.  SHOULD  ANY
 EMPLOYEE  ENGAGED IN THE SERVICE OF ANY RAILROAD, INCLUDING ANY COMMUTER
 RAIL SERVICE, AS DEFINED BY SECTION NINETY-SEVEN-A OF THE RAILROAD  LAW,
 OWNED  OR OPERATED BY A STATE AUTHORITY OR ITS SUBSIDIARY, AS DEFINED BY
 SECTION TWO OF THE PUBLIC AUTHORITIES LAW, WHO IS PREGNANT BE  PREVENTED
 BY SUCH PREGNANCY FROM PERFORMING THE ACTIVITIES INVOLVED IN THE EMPLOY-
 EE'S  REGULAR  ASSIGNED  DUTIES  DUE,  BUT IS ABLE, AS DETERMINED BY THE
 EMPLOYEE'S MEDICAL PROVIDER, TO PERFORM SPECIFIED TYPES OF  LIGHT  DUTY,
 THE  EMPLOYER  SHALL  MAKE  AVAILABLE  SUCH  LIGHT DUTY TO THE EMPLOYEE,
 PROVIDED, HOWEVER, THAT SUCH LIGHT DUTY SHALL  ENABLE  THE  EMPLOYEE  TO
 CONTINUE  TO  BE  ENTITLED TO THE EMPLOYEE'S CONCURRENT ASSIGNMENT EARN-
 INGS, INCLUDING INCREASES THEREOF AND  FRINGE  BENEFITS,  TO  WHICH  THE
 EMPLOYEE  WOULD  HAVE BEEN ENTITLED IF THE EMPLOYEE WERE ABLE TO PERFORM
 THE EMPLOYEE'S REGULAR ASSIGNED DUTIES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06868-03-4
              

 A. 8995--A                          2
 
   2. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  DIMINISH  THE  RIGHTS,
 PRIVILEGES,  OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE BARGAINING
 AGREEMENT OR EMPLOYMENT CONTRACT.
   §  167-B.  PARENTAL  LEAVE  FOR RAILROAD EMPLOYEES. 1. FOR PURPOSES OF
 THIS SECTION, "PARENTAL  LEAVE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOY-
 EE OF ANY RAILROAD, INCLUDING ANY COMMUTER RAIL SERVICE, AS  DEFINED  BY
 SECTION NINETY-SEVEN-A OF THE RAILROAD LAW, OWNED OR OPERATED BY A STATE
 AUTHORITY  OR  ITS  SUBSIDIARY,  AS DEFINED BY SECTION TWO OF THE PUBLIC
 AUTHORITIES LAW, FROM WORK TO BOND WITH THE EMPLOYEE'S CHILD DURING  THE
 FIRST  TWELVE MONTHS AFTER THE CHILD'S BIRTH, OR THE FIRST TWELVE MONTHS
 AFTER THE PLACEMENT OF THE CHILD FOR ADOPTION OR FOSTER  CARE  WITH  THE
 EMPLOYEE.
   2. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, RAILROAD EMPLOY-
 EES  IN  EMPLOYMENT  FOR  TWENTY-SIX  OR MORE CONSECUTIVE WEEKS SHALL BE
 ELIGIBLE FOR PARENTAL LEAVE BENEFITS. EVERY SUCH EMPLOYEE SHALL CONTINUE
 TO BE ELIGIBLE FOR PARENTAL LEAVE  BENEFITS  UNTIL  THE  TERMINATION  OF
 EMPLOYMENT WITH THE EMPLOYER. AN EMPLOYEE REGULARLY IN THE EMPLOYMENT OF
 AN  EMPLOYER  AS  DESCRIBED IN SUBDIVISION ONE OF THIS SECTION ON A WORK
 SCHEDULE LESS THAN THE EMPLOYER'S NORMAL WORK WEEK SHALL BECOME ELIGIBLE
 FOR PARENTAL LEAVE BENEFITS ON THE ONE HUNDRED SEVENTY-FIFTH DAY OF SUCH
 REGULAR EMPLOYMENT. AN EMPLOYEE WHO IS ELIGIBLE FOR PARENTAL LEAVE BENE-
 FITS SHALL NOT BE DEEMED, FOR THE PURPOSES OF THIS SECTION, TO HAVE SUCH
 EMPLOYMENT TERMINATED DURING ANY PERIOD  THE  EMPLOYEE  IS  ELIGIBLE  TO
 RECEIVE BENEFITS UNDER THIS SECTION WITH RESPECT TO SUCH EMPLOYMENT.
   3. THE WEEKLY BENEFIT FOR PARENTAL LEAVE THAT OCCURS ON OR AFTER JANU-
 ARY  FIRST,  TWO  THOUSAND  TWENTY-FIVE,  SHALL  NOT EXCEED TWELVE WEEKS
 DURING ANY FIFTY-TWO WEEK  CALENDAR  PERIOD  AND  SHALL  BE  SIXTY-SEVEN
 PERCENT  OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE. THE ENTIRE PERIOD OF THE
 LEAVE OF ABSENCE GRANTED PURSUANT TO THIS SECTION SHALL NOT  BE  CHARGED
 AGAINST ANY OTHER LEAVE SUCH EMPLOYEE IS OTHERWISE ENTITLED TO. BENEFITS
 MAY  BE  PAYABLE TO EMPLOYEES FOR PARENTAL LEAVE TAKEN INTERMITTENTLY OR
 FOR LESS THAN A FULL WORK WEEK IN INCREMENTS OF ONE  FULL  DAY  OR  ONE-
 FIFTH OF THE WEEKLY BENEFIT.
   4.  PARENTAL  LEAVE  BENEFITS SHALL BE PAYABLE TO AN ELIGIBLE EMPLOYEE
 FOR THE FIRST FULL DAY WHEN PARENTAL LEAVE IS  REQUIRED  AND  THEREAFTER
 DURING THE CONTINUANCE OF THE NEED FOR PARENTAL LEAVE. THE FIRST PAYMENT
 OF  BENEFITS  SHALL  BE  DUE ON THE FOURTEENTH DAY OF PARENTAL LEAVE AND
 BENEFITS FOR THAT PERIOD SHALL BE PAID  DIRECTLY  TO  THE  EMPLOYEE  AND
 THEREAFTER BENEFITS SHALL BE DUE AND PAYABLE BI-WEEKLY IN LIKE MANNER.
   5.  NOTHING  IN  THIS  SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS,
 PRIVILEGES,  OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE BARGAINING
 AGREEMENT OR EMPLOYMENT CONTRACT.
   § 3. This act shall take effect immediately.