New York S 4376: Provides family leave in the event of a stillbirth or miscarriage

Bill Text

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S04376 Summary:

BILL NOS04376 

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SAME ASNo Same As

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SPONSORCOMRIE

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COSPNSR

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MLTSPNSR

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Amd §§201, 204, 205 & 217, Work Comp L

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Provides up to four weeks of paid family leave in the event of a stillbirth and up to one week of paid family leave in the event of a miscarriage.

Go to top S04376 Actions:

BILL NOS04376 

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02/04/2025REFERRED TO LABOR

01/07/2026REFERRED TO LABOR

Go to topS04376 Committee&nbspVotes:

Go to topS04376 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04376 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4376

 2025-2026 Regular Sessions

 IN SENATE

 February 4, 2025
 ___________

 Introduced by Sen. COMRIE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Labor

 AN ACT to amend the workers' compensation law, in relation to providing
 family leave in the event of a stillbirth or miscarriage

 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 mourn
 11 the loss of a stillborn child; (d) to mourn the loss of a child as a
 12 result of a miscarriage; or (e) because of any qualifying exigency as
 13 interpreted 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. Section 204 of the workers' compensation law is amended by adding
 19 two new subdivisions 3 and 4 to read as follows:
 20 3. Notwithstanding any provision of law to the contrary, the weekly
 21 benefit for family leave taken pursuant to paragraph (c) of subdivision
 22 fifteen of section two hundred one of this article shall not exceed four
 23 weeks during any fifty-two week calendar period and shall be sixty-seven
 24 percent of the employee's average weekly wages but shall not exceed
 25 sixty-seven percent of the New York state average weekly wage.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05784-01-5

 S. 4376 2

 1 4. Notwithstanding any provision of law to the contrary, the weekly
 2 benefit for family leave taken pursuant to paragraph (d) of subdivision
 3 fifteen of section two hundred one of this article shall not exceed one
 4 week during any fifty-two week calendar period and shall be sixty-seven
 5 percent of the employee's average weekly wages but shall not exceed
 6 sixty-seven percent of the New York state average weekly wage.
 7 § 3. Subdivision 5 of section 205 of the workers' compensation law, as
 8 added by section 6 of part SS of chapter 54 of the laws of 2016, is
 9 amended to read as follows:
 10 5. In any case in which the necessity for family leave is foreseeable
 11 based on an expected birth or placement, the employee shall provide the
 12 employer with not less than thirty days notice before the date the leave
 13 is to begin, of the employee's intention to take family leave under this
 14 article, except that if the date of the birth or placement requires
 15 leave to begin in less than thirty days, the employee shall provide such
 16 notice as is practicable. In any case in which the necessity for family
 17 leave is foreseeable based on planned medical treatment, the employee
 18 shall provide the employer with not less than thirty days notice, before
 19 the date the leave is to begin, of the em