BILL NUMBER: S4097
SPONSOR: PARKER
 
TITLE OF BILL:
An act to amend the labor law, in relation to the entitlement to unpaid
leave of absence from employment for victims of domestic violence
 
PURPOSE:
To provide medical leave for victims of domestic violence or sexual
abuse, or for parents of child that was a victim of domestic violence or
sexual abuse, or needs counseling for such domestic violence or sexual
abuse.
 
SUMMARY OF PROVISIONS:
Section 1: Provides for the creation of a new section 19-E of the labor
law, which defines terms, creates an entitlement to medical leave for
victims of domestic violence or sexual abuse, provides parameters for
the grant and use of such leave, and provides a right to return to a
position from which an employee takes a medical leave because such
employee was a victim of domestic violence or sexual abuse.
Section 2: Provides the act shall take effect ninety days after it shall
have become law.
 
JUSTIFICATION:
Domestic violence, often defined as mental or physical abuse at the
hands of an intimate partner, affects the victim's ability to work. In
2008, in the United States, intimate partners committed approximately
552,000 violent crimes against women, including 35,690 rapes or sexual
assaults, 38,820 robberies, 70,550 aggravated assaults, and 406,530
simple assaults. Notwithstanding the prevalence of domestic violence
across demographic categories, it is overwhelmingly a crime perpetrated
against women. Women are far more likely than men to be victims of
domestic violence; the rate of intimate partner victimization per 1,000
persons is 4.3 for women compared with 0.8 for men. More broadly, Afri-
can-American, Latina, and other minority women experience a heightened
risk of domestic abuse. The victimization of minority women is exacer-
bated by the institutionalized under-protection and discrimination by
the police. Law enforcement's failure to adequately investigate and
respond to reports of violence -- particularly domestic violence --
involving minority and immigrant women is often influenced by racial and
ethnic stereotypes. In addition, such stereotyping often results in
underreporting of violence and in disproportionate arrests of female
victims rather than, or in addition to, their perpetrators.
In addition, every year, according to Safe Horizons, more than 3 million
children witness domestic violence in their homes. Children who live in
homes where there is domestic violence also suffer abuse or neglect at
high rates (30% to 60%). A 2005 Michigan study found that children
exposed to domestic violence at home are more likely to have health
problems, including becoming sick more often, having frequent headaches
or stomach aches, and being more tired and lethargic.
It has been found that victims of domestic violence lose an average of
137 hours of work a year. Some victims need time off from work to seek
medical attention; others need time to seek restraining orders, or relo-
cate to a safe place where an abuser cannot find for further victimize
them. Other victims are prevented from getting to work when an abuser
disables or takes the car, sabotages childcare arrangements, cancels
service to or steals a cell phone, or leaves the victim without cash to
use public transportation.
These problems have led a number of states to pass domestic violence
leave laws, which give victims of domestic violence the right to take
time off for certain reasons. New Jersey signed its Domestic Violence
Leave Act into law in October of 2013 Other states with similar laws
include but are not limited to: California, Florida, Illinois, Washing-
ton and Washington, D.C.
While state laws providing employment rights for victims of domestic
violence are not uniform, there is a clear trend toward awarding medical
leave for victims of domestic violence and sexual abuse. It is time New
York provided these victims with greater protections, similar to those
its sister states.
 
LEGISLATIVE HISTORY:
2023-24: S6836- Referred to Labor
2021-22: S.5218- Referred to Labor
2019-20: S.4850- Referred to Labor
2017-18: S.2856- REFERRED TO LABOR
2015-16: S.2636- Referred to Labor
2013-14: S.5954- Referred to Labor
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.