NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5746
SPONSOR: Solages TITLE OF BILL:
An act to amend the workers' compensation law, in relation to providing
for paid family leave following any pregnancy outcome
PURPOSE:
To provide paid family leave following any pregnancy outcome.
SUMMARY:
Section 1. Amends subdivision 15 of section 201 of the workers' compen-
sation law, as added by section 2 of part SS of chapter 54 of the laws
of 2016.
Section 2. Sets the effective date.
JUSTIFICATION:
This legislation allows mothers, non-birthing parents, and family
members of the person affected by the result of any pregnancy outcome
time to properly recover. Types of pregnancy outcomes may include live
birth, stillbirth, miscarriage, spontaneous abortion, and induced
abortion. New York has a striking absence of laws protecting the work-
place rights of people who have suffered a miscarriage or fetal loss.
Importantly, a number of scholars and advocates have noted how laws that
prohibit pregnancy discrimination have fallen short in reaching discrim-
ination on the basis of pregnancy outcome.
A pregnancy loss is often an unforeseen circumstance that can negatively
impact a person's well-being. Further, if appropriate recovery time is
not allowed, there can be serious financial, mental, and physical impli-
cations for the birthing person and their family members.
RACIAL JUSTICE IMPACT:
Black birthing people are disproportionately affected by pregnancy
discrimination in the workplace, thus exacerbating gender and racial
inequities in income and health
1.
GENDER JUSTICE IMPACT:
Women are most likely to be negatively impacted by the lack of
protections for those who need to recover after a pregnancy outcome.
LEGISLATIVE HISTORY:
2021-22: A5231B; referred to labor.
2019-20: A10244; referred to labor.
FISCAL IMPLICATIONS:
TBD.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
1 https://bmcpregnancychildbirth biomedcen-
tral.com/articles/10.1186/s12884-022-05268-9
STATE OF NEW YORK
________________________________________________________________________
5746
2023-2024 Regular Sessions
IN ASSEMBLY
March 23, 2023
___________
Introduced by M. of A. SOLAGES, L. ROSENTHAL, MAMDANI -- read once and
referred to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to providing
for paid family leave following any pregnancy outcome
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 15 of section 201 of the workers' compensation
2 law, as added by section 2 of part SS of chapter 54 of the laws of 2016,
3 is amended to read as follows:
4 15. "Family leave" shall mean any leave taken by an employee from
5 work: (a) to participate in providing care, including physical or
6 psychological care, for a family member of the employee made necessary
7 by a serious health condition of the family member; [or] (b) to bond
8 with the employee's child during the first twelve months after the
9 child's birth, or the first twelve months after the placement of the
10 child for adoption or foster care with the employee; [or] (c) to recover
11 after a stillbirth; (d) to recover after a miscarriage; (e) to recover
12 after an abortion; or (f) because of any qualifying exigency as inter-
13 preted under the family and medical leave act, 29 U.S.C.S §
14 2612(a)(1)(e) and 29 C.F.R. S.825.126(a)(1)-(8), arising out of the fact
15 that the spouse, domestic partner, child, or parent of the employee is
16 on active duty (or has been notified of an impending call or order to
17 active duty) in the armed forces of the United States.
18 § 2. This act shall take effect on the ninetieth day after it shall
19 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10023-01-3
