NY State Senate Bill 2023-S9388

Senate Bill S9388

2023-2024 Legislative Session

Provides family leave to persons recovering from the unintended intrauterine death of a fetus that occurs after the clinical estimate of the twentieth week of gestation

download bill text pdf

Current Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 14, 2024	referred to labor

co-Sponsors

2023-S9388 (ACTIVE) - Details

See Assembly Version of this Bill:: A9635
Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §201, Work Comp L

2023-S9388 (ACTIVE) - Summary

Expands the definition of "family leave" to include persons recovering from the unintended intrauterine death of a fetus that occurs after the clinical estimate of the twentieth week of gestation.

2023-S9388 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9388

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to providing
family leave to persons recovering from the unintended intrauterine
death of a fetus that occurs after the clinical estimate of the twenti-
eth week of gestation

 
PURPOSE:

This bill would extend paid family leave benefits to someone who is
recovering from the unintended intrauterine death of a fetus that occurs
after the clinical estimate of the twentieth week of gestation, commonly
referred to as a stillbirth.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 15 of section 201 of the workers' compen-
sation law by adding new paragraph c to include within the definition of
paid family leave, recovering from the unintended intrauterine death of

a fetus that occurs after the clinical estimate of the twentieth week of
gestation.

 
JUSTIFICATION:,:

For thousands of women in New York, stillbirth is a personal and heart-
breaking issue. The CDC estimates that over 1,200 stillbirths occur each
year in New York State.' In the United states, stillbirth occurs in
about 1 in 150 births, resulting in about 24,000 stillborn births each
year.' The loss of a baby due to a stillbirth remains a tragic reality
for many and takes a serious mental and physical toll on expectant
parents and their family.

Family leave benefits would help to ensure that all women who have just
given birth will be able to seek treatment and get the care they need.
Allowing families the time to grieve and come to terms with a life-al-
tering loss is critical to the healing process. By including stillbirth
within paid family leave, this legislation will give women and their
families who suffer from a stillbirth the same protection and benefits
under the law as someone who has had a live birth.

2 CDC statistics

1 CDC statistics

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATG:

Immediately

2023-S9388 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9388
 
                             I N  S E N A T E
 
                               May 14, 2024
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  providing
   family  leave  to  persons recovering from the unintended intrauterine
   death of a fetus that occurs after the clinical estimate of the  twen-
   tieth week of gestation

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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 to read as follows:
   15.  "Family  leave"  shall  mean  any leave taken by an employee from
 work:   (a) to participate in  providing  care,  including  physical  or
 psychological  care,  for a family member of the employee made necessary
 by a serious health condition of the family member; or (b) 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; or (c) TO RECOVER FROM THE
 UNINTENDED INTRAUTERINE DEATH OF A FETUS THAT OCCURS AFTER THE  CLINICAL
 ESTIMATE OF THE TWENTIETH WEEK OF GESTATION; OR (D) because of any qual-
 ifying  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 forces of the United States.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14905-03-4

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S9388

Share this bill

Sponsored By

Shelley B. Mayer