New York Assembly Bill A02059 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 2059 2023-2024 Regular Sessions  IN ASSEMBLY January 23, 2023 ___________ Introduced by M. of A. JOYNER -- read once and referred to the Committee on Transportation AN ACT to amend the railroad 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: 1 Section 1. The railroad law is amended by adding two new sections 64-a 2 and 64-b to read as follows: 3 § 64-a. Light duty for employees. 1. Should any employee engaged in 4 the service of any railroad, including any commuter rail service, as 5 defined by section ninety-seven-a of this article, owned or operated by 6 a state authority or its subsidiary, as defined by section two of the 7 public authorities law, who is pregnant be prevented by such pregnancy 8 from performing the activities involved in her regular assigned duties 9 due, but is able, as determined by the employee's medical provider, to 10 perform specified types of light duty, the employer shall make available 11 such light duty to the employee, provided, however, that such light duty 12 shall enable her to continue to be entitled to her concurrent assignment 13 earnings, including increases thereof and fringe benefits, to which she 14 would have been entitled if she were able to perform her regular 15 assigned duties. 16 2. Nothing in this section shall be deemed to diminish the rights, 17 privileges, or remedies of any employee under any collective bargaining 18 agreement or employment contract. 19 § 64-b. Parental leave for railroad employees. 1. For purposes of this 20 section, "parental leave" shall mean any leave taken by an employee of 21 any railroad, including any commuter rail service, as defined by section 22 ninety-seven-a of this article, owned or operated by a state authority 23 or its subsidiary, as defined by section two of the public authorities 24 law, from work to bond with the employee's child during the first twelve EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06868-01-3 
 A. 2059 2 1 months after the child's birth, or the first twelve months after the 2 placement of the child for adoption or foster care with the employee. 3 2. Beginning January first, two thousand twenty-four, railroad employ- 4 ees in employment for twenty-six or more consecutive weeks shall be 5 eligible for parental leave benefits. Every such employee shall continue 6 to be eligible for parental leave benefits until the termination of 7 employment with the employer. An employee regularly in the employment of 8 an employer as described in subdivision one of this section on a work 9 schedule less than the employer's normal work week shall become eligible 10 for parental leave benefits on the one hundred seventy-fifth day of such 11 regular employment. An employee who is eligible for parental leave bene- 12 fits shall not be deemed, for the purposes of this section, to have such 13 employment terminated during any period he or she is eligible to receive 14 benefits under this section with respect to such employment. 15 3. The weekly benefit for parental leave that occurs on or after Janu- 16 ary first, two thousand twenty-four, shall not exceed twelve weeks 17 during any fifty-two week calendar period and shall be sixty-seven 18 percent of the employee's average weekly wage. The entire period of the 19 leave of absence granted pursuant to this section shall not be charged 20 against any other leave such employee is otherwise entitled to. Benefits 21 may be payable to employees for parental leave taken intermittently or 22 for less than a full work week in increments of one full day or one- 23 fifth of the weekly benefit. 24 4. Parental leave benefits shall be payable to an eligible employee 25 for the first full day when parental leave is required and thereafter 26 during the continuance of the need for parental leave. The first payment 27 of benefits shall be due on the fourteenth day of parental leave and 28 benefits for that period shall be paid directly to the employee and 29 thereafter benefits shall be due and payable bi-weekly in like manner. 30 5. Nothing in this section shall be deemed to diminish the rights, 31 privileges, or remedies of any employee under any collective bargaining 32 agreement or employment contract. 33 § 2. This act shall take effect immediately.