New York S 515: Relates to the functioning of the independent redistricting commission; repealer

Bill Text

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S00515 Summary:

BILL NOS00515 

&nbsp

SAME ASSAME AS A04048

&nbsp

SPONSORPERSAUD

&nbsp

COSPNSRJACKSON, MYRIE

&nbsp

MLTSPNSR

&nbsp

Add §202-m, Lab L

&nbsp

Allows parents and legal guardians to work from home; allows flexible working arrangements during a public health emergency or state or local disaster emergency which closes schools or day care centers; defines terms; creates a rebuttable presumption that an employee can work remotely if such employee has done so for two consecutive pay periods or two weeks; creates a civil penalty for violations.

Go to top S00515 Actions:

BILL NOS00515 

&nbsp

01/08/2025REFERRED TO LABOR

01/07/2026REFERRED TO LABOR

Go to topS00515 Committee&nbspVotes:

Go to topS00515 Floor&nbspVotes:

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

Go to topS00515 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 515

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. PERSAUD, JACKSON -- read twice and ordered printed,
 and when printed to be committed to the Committee on Labor

 AN ACT to amend the labor law, in relation to flexible working arrange-
 ments for parents and legal guardians when day care centers and
 schools are closed during a state or local disaster emergency

 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 202-m to
 2 read as follows:
 3 § 202-m. Flexible working arrangements for parents and legal guardians
 4 during a state or local disaster emergency. 1. Definitions. For the
 5 purposes of this section:
 6 (a) "School-aged child" shall mean a child or children enrolled in 3-k
 7 or pre-kindergarten through twelfth grade.
 8 (b) "Day care-aged child" shall mean a child enrolled in a day care
 9 center.
 10 (c) "Parent" shall mean a biological, foster, or adoptive parent, a
 11 legal guardian, or other person who stands in loco parentis to a school-
 12 aged child or children.
 13 (d) "Employer" shall mean all employers within the state.
 14 (e) "Flexible working arrangement" shall mean short-term, intermedi-
 15 ate, or long-term changes in the employee's regular working arrange-
 16 ments, including but not limited to, changes in the number of days or
 17 hours worked, changes in the time the employee arrives at or departs
 18 from work, remote work, or job-sharing. "Flexible working arrangement"
 19 shall not include vacation, routine scheduling of shifts, or another
 20 form of employee leave.
 21 (f) "Inconsistent with business operations" shall mean a determination
 22 by the employer based on the following considerations: (i) the burden on
 23 an employer of undue additional costs; (ii) a legitimate or practical

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02188-01-5

 S. 515 2

 1 detrimental effect on aggregate employee morale unrelated to discrimi-
 2 nation or other unlawful employment practices; (iii) a legitimate or
 3 practical detrimental effect on the ability of an employer to meet
 4 consumer demand; (iv) a significant inability to reorganize work among
 5 existing staff; (v) a legitimate or practical inability to recruit addi-
 6 tional staff; (vi) a significant detrimental impact on business quality
 7 or business performance; (vii) an insufficiency of work during the peri-
 8 ods the employee proposes to work; (viii) planned structural changes to
 9 the business; and (ix) any other reasons as specified by the commission-
 10 er.
 11 2. Presumption of entitlement for parents and legal guardians to work
 12 remotely when day care centers and schools are closed due to a state or
 13 local disaster emergency. (a) Notwithstanding any other provision of
 14 law to the contrary, an employee shall be entitled to work remotely
 15 where the essential functions of the employee's position can be
 16 performed remotely and (i) the employee is the parent of a school-aged
 17 child or day care-aged child or children; (ii) the school or day care
 18 center attended by such school-aged child or day care-aged child or
 19 children has been closed pursuant to an order of a public official due
 20 to a stat