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A08354 Summary:

BILL NOA08354
 
SAME ASSAME AS S08219
 
SPONSORForrest
 
COSPNSRMamdani, Mitaynes
 
MLTSPNSR
 
Add §196-e, Lab L
 
Requires employers to provide paid vacation time which is based on the length of time employees have been employed by such employers.
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A08354 Actions:

BILL NOA08354
 
12/13/2023referred to labor
01/03/2024referred to labor
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A08354 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8354
 
SPONSOR: Forrest
  TITLE OF BILL: An act to amend the labor law, in relation to requiring employers to provide paid vacation time   PURPOSE OR GENERAL IDEA OF BILL: To guarantee paid vacation time to employees in New York State working an average of 20 hours or more per week.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the labor law by adding a new section 196-e guarantee- ing paid vacation time to eligible employees Section 2 sets the effective date   JUSTIFICATION: Guaranteeing paid vacation time in New York State would have several significant benefits. It would promote work-life balance, attract and retain talent, stimulate the economy, and contribute to overall societal well-being. By valuing the importance of rest, leisure, and personal growth, the state can create a healthier and more productive workforce while enhancing the quality of life for its residents. Firstly, it would promote a healthier work-life balance for employees. Taking regular time off from work allows individuals to recharge and rejuvenate, reducing stress and preventing burnout. By providing paid vacation time, the state recognizes the importance of rest and leisure in maintaining physical and mental well-being, ultimately leading to happier and more productive workers. Secondly, offering paid vacation time can help attract and retain talented employees. In a competitive job market, companies that provide this benefit are more likely to stand out and be desirable to job seek- ers. It demonstrates that the employer values the well-being of their workers and respects the need for time away from work. By offering paid vacation time as a standard benefit, New York State can create a more attractive business environment, encouraging companies to invest and grow within the state, which in turn drives economic development. Additionally, guaranteeing paid vacation time can have a positive impact on the economy. When individuals have the opportunity to take paid vacations, they are more likely to spend their time and money on leisure activities, travel, and local businesses. This increased consumer spend- ing stimulates the economy and supports various industries,, such as tourism, hospitality, and retail. In turn, local businesses benefit from the increased demand, leading to job creation and economic growth within the state. Lastly, paid vacation time contributes to overall societal well-being. It allows families and friends to spend quality time together, creating stronger connections and fostering a sense of community. Additionally, it provides individuals with the opportunity to pursus personal inter- ests, hobbies, and travel experiences, which can broaden horizons, enhance cultural understanding, and promote personal growth. By recog- nizing the importance of leisure and family time through guaranteed paid vacation, New York State can support the holistic well-being of its residents and contribute to a more balanced and fulfilling society.   PRIOR LEGISLATIVE HISTORY: None   FISCAL IMPLICATIONS: TBD   EFFECTIVE DATE: Immediately
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A08354 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8354
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 13, 2023
                                       ___________
 
        Introduced  by M. of A. FORREST -- read once and referred to the Commit-
          tee 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:

     1    Section 1. The labor law is amended by adding a new section  196-e  to
     2  read as follows:
     3    § 196-e. Paid vacation. 1. Every employer shall offer paid vacation to
     4  each eligible employee based on length of employment, as follows:
     5    a.  After  one full year of employment, each employee shall be offered
     6  up to two weeks of paid vacation;
     7    b. After three full  years  of  employment,  each  employee  shall  be
     8  offered up to three weeks of paid vacation; and
     9    c. After five full years of employment, each employee shall be offered
    10  up to four weeks of paid vacation.
    11    2.  Any  employee  working an average of twenty hours per week or more
    12  shall be eligible for paid vacation pursuant to this section.
    13    3. Nothing in this section shall be construed to prohibit  or  prevent
    14  an employer from providing an amount of paid vacation which is in excess
    15  of  the  requirements  set  forth in subdivision one of this section, or
    16  from adopting a paid leave policy that provides additional  benefits  to
    17  employees. An employer may elect to provide its employees with the total
    18  amount  of paid vacation required to fulfill its obligations pursuant to
    19  subdivision one of this section at the beginning of the  calendar  year,
    20  provided,  however  that  no  employer  shall  be permitted to reduce or
    21  revoke any such paid vacation based on  the  number  of  hours  actually
    22  worked  by  an employee during the calendar year if such employer elects
    23  pursuant to this subdivision.
    24    4. No employer shall be permitted to penalize any employee  for  exer-
    25  cising their right to vacation time pursuant to this section. No employ-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13694-01-3

        A. 8354                             2
 
     1  er  shall  be  permitted  to  intimidate an employee into not exercising
     2  their right to vacation time under this section.
     3    5.  Employers  shall  set  reasonable policies and expectations around
     4  granting employee vacation  requests.  Such  policies  may  require  the
     5  employee  to provide a certain amount of notice to the employer prior to
     6  the start of the employee's vacation time; provided,  however,  that  no
     7  employer shall require more than four full weeks prior notice.
     8    6.  Paid vacation time shall be granted in consecutive days. Employees
     9  entitled to more than one week of paid vacation time shall be  permitted
    10  to take such time in non-consecutive weeks if requested by the employee;
    11  provided,  however, that an employer may not require vacation time to be
    12  taken in non-consecutive weeks.
    13    7. No employer shall require any employee  to  undertake  any  action,
    14  including  communication and correspondence, related to their employment
    15  during the duration of their paid vacation time.
    16    8. Any employee, with the consent of their  employer,  may  choose  to
    17  forgo  their paid vacation time. Any employee who chooses to forgo their
    18  paid vacation time shall be paid at a  rate  of  double  their  standard
    19  wages  for  a  length  of time equal to the amount of paid vacation time
    20  such employee was entitled to.  Such  payment  shall  be  paid  to  such
    21  employee before the end of their employment year.
    22    § 2. This act shall take effect immediately.
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