BILL NUMBER: S9560
SPONSOR: RYAN C
TITLE OF BILL:
An act to amend the workers' compensation law, in relation to including
certain persons engaged in a professional or teaching capacity in or for
a religious, charitable or educational institution as employees for
purposes of eligibility for paid family leave
PURPOSE:
To include workers in a professional or teaching capacity at religious,
charitable, or educational institutions as eligible for paid family
leave
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 5 of section 201 of the workers' compen-
sation law to specify that individuals engaged in a professional or
teaching capacity for a non-profit religious, charitable or educational
institution are entitled to the benefits of paid family leave.
Section 2 provides the effective date.
JUSTIFICATION:
Under New York State law, family leave provides up to 12 weeks of paid
time off at 67 percent of a worker's average weekly wage, capped at 67
percent of the statewide average weekly wage.
In addition, the law provides that a worker is entitled to continued
health insurance on the same terms during their absence and, upon
returning from family leave, is entitled to return to the same job. An
employer is prohibited from discriminating or retaliating against a
worker for availing themselves of the protections of this section of the
law.
However, New York State law specifically excludes teachers and other
professionals employed at non-profit religious, charitable and educa-
tional institutions from these protections. Educators in New York's
public sector have bargained for and won paid parental leave, but it
falls on the legislature to ensure that teachers in private, non-profit
institutions benefit from these policies as well.
According to the Policy Center for Maternal Mental Health, paid family
leave is associated with lower rates of postpartum depression and
improved infant health, including lower rates of preterm birth and
infant mortality, as well as improved developmental outcomes for the
child. In economic terms, the National Council on Teacher Quality notes
that paid leave has led to increased productivity, reduced turnover and
extended tenure with the same employer. Considering the benefit to
public health and the economy, extending paid family leave to these
workers is a commonsense proposition.
LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
Effective immediately.