S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    892
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by M. of A. FORREST, MAMDANI, MITAYNES, SHRESTHA -- read once
   and referred to the Committee on Labor
 
 AN  ACT  to  amend  the labor law, in relation to requiring employers to
   provide paid vacation time

   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 section 196-e to
 read as follows:
   § 196-E. PAID VACATION. 1. EVERY EMPLOYER SHALL OFFER PAID VACATION TO
 EACH ELIGIBLE EMPLOYEE BASED ON LENGTH OF EMPLOYMENT, AS FOLLOWS:
   A. AFTER ONE FULL YEAR OF EMPLOYMENT, EACH EMPLOYEE SHALL  BE  OFFERED
 UP TO TWO WEEKS OF PAID VACATION;
   B.  AFTER  THREE  FULL  YEARS  OF  EMPLOYMENT,  EACH EMPLOYEE SHALL BE
 OFFERED UP TO THREE WEEKS OF PAID VACATION; AND
   C. AFTER FIVE FULL YEARS OF EMPLOYMENT, EACH EMPLOYEE SHALL BE OFFERED
 UP TO FOUR WEEKS OF PAID VACATION.
   2. ANY EMPLOYEE WORKING AN AVERAGE OF TWENTY HOURS PER  WEEK  OR  MORE
 SHALL BE ELIGIBLE FOR PAID VACATION PURSUANT TO THIS SECTION.
   3.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR PREVENT
 AN EMPLOYER FROM PROVIDING AN AMOUNT OF PAID VACATION WHICH IS IN EXCESS
 OF THE REQUIREMENTS SET FORTH IN SUBDIVISION ONE  OF  THIS  SECTION,  OR
 FROM  ADOPTING  A PAID LEAVE POLICY THAT PROVIDES ADDITIONAL BENEFITS TO
 EMPLOYEES. AN EMPLOYER MAY ELECT TO PROVIDE ITS EMPLOYEES WITH THE TOTAL
 AMOUNT OF PAID VACATION REQUIRED TO FULFILL ITS OBLIGATIONS PURSUANT  TO
 SUBDIVISION  ONE  OF THIS SECTION AT THE BEGINNING OF THE CALENDAR YEAR,
 PROVIDED, HOWEVER THAT NO EMPLOYER  SHALL  BE  PERMITTED  TO  REDUCE  OR
 REVOKE  ANY  SUCH  PAID  VACATION  BASED ON THE NUMBER OF HOURS ACTUALLY
 WORKED BY AN EMPLOYEE DURING THE CALENDAR YEAR IF SUCH  EMPLOYER  ELECTS
 PURSUANT TO THIS SUBDIVISION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02126-01-5
              

 A. 892                              2
 
   4.  NO  EMPLOYER SHALL BE PERMITTED TO PENALIZE ANY EMPLOYEE FOR EXER-
 CISING THEIR RIGHT TO VACATION TIME PURSUANT TO THIS SECTION. NO EMPLOY-
 ER SHALL BE PERMITTED TO INTIMIDATE  AN  EMPLOYEE  INTO  NOT  EXERCISING
 THEIR RIGHT TO VACATION TIME UNDER THIS SECTION.
   5.  EMPLOYERS  SHALL  SET  REASONABLE POLICIES AND EXPECTATIONS AROUND
 GRANTING EMPLOYEE VACATION  REQUESTS.  SUCH  POLICIES  MAY  REQUIRE  THE
 EMPLOYEE  TO PROVIDE A CERTAIN AMOUNT OF NOTICE TO THE EMPLOYER PRIOR TO
 THE START OF THE EMPLOYEE'S VACATION TIME; PROVIDED,  HOWEVER,  THAT  NO
 EMPLOYER SHALL REQUIRE MORE THAN FOUR FULL WEEKS PRIOR NOTICE.
   6.  PAID VACATION TIME SHALL BE GRANTED IN CONSECUTIVE DAYS. EMPLOYEES
 ENTITLED TO MORE THAN ONE WEEK OF PAID VACATION TIME SHALL BE  PERMITTED
 TO TAKE SUCH TIME IN NON-CONSECUTIVE WEEKS IF REQUESTED BY THE EMPLOYEE;
 PROVIDED,  HOWEVER, THAT AN EMPLOYER MAY NOT REQUIRE VACATION TIME TO BE
 TAKEN IN NON-CONSECUTIVE WEEKS.
   7. NO EMPLOYER SHALL REQUIRE ANY EMPLOYEE  TO  UNDERTAKE  ANY  ACTION,
 INCLUDING  COMMUNICATION AND CORRESPONDENCE, RELATED TO THEIR EMPLOYMENT
 DURING THE DURATION OF THEIR PAID VACATION TIME.
   8. ANY EMPLOYEE, WITH THE CONSENT OF THEIR  EMPLOYER,  MAY  CHOOSE  TO
 FORGO  THEIR PAID VACATION TIME. ANY EMPLOYEE WHO CHOOSES TO FORGO THEIR
 PAID VACATION TIME SHALL BE PAID AT A  RATE  OF  DOUBLE  THEIR  STANDARD
 WAGES  FOR  A  LENGTH  OF TIME EQUAL TO THE AMOUNT OF PAID VACATION TIME
 SUCH EMPLOYEE WAS ENTITLED TO.  SUCH  PAYMENT  SHALL  BE  PAID  TO  SUCH
 EMPLOYEE BEFORE THE END OF THEIR EMPLOYMENT YEAR.
   § 2. This act shall take effect immediately.