New York A 4048: Relates to flexible working arrangements for parents and legal guardians when day care centers and schools are closed during a state or local disaster emergency

Bill Text

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A04048 Summary:

BILL NOA04048 

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SAME ASSAME AS S00515

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SPONSORCunningham

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COSPNSR

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MLTSPNSR

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Add §202-m, Lab L

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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 A04048 Actions:

BILL NOA04048 

&nbsp

01/31/2025referred to labor

01/07/2026referred to labor

Go to topA04048 Committee&nbspVotes:

Go to topA04048 Floor&nbspVotes:

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

Go to topA04048 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4048

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 31, 2025
 ___________

 Introduced by M. of A. CUNNINGHAM -- read once and referred 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
 24 detrimental effect on aggregate employee morale unrelated to discrimi-

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

 A. 4048 2

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