•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A08995 Summary:

BILL NOA08995
 
SAME ASNo Same As
 
SPONSORBichotte Hermelyn
 
COSPNSRLevenberg, Aubry, Davila, Lucas, Septimo
 
MLTSPNSR
 
Add §§64-a & 64-b, Rail L
 
Establishes light duty during pregnancy and parental leave for railroad employees.
Go to top    

A08995 Actions:

BILL NOA08995
 
02/01/2024referred to transportation
Go to top

A08995 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8995
 
SPONSOR: Bichotte Hermelyn
  TITLE OF BILL: An act to amend the railroad law, in relation to establishing light duty during pregnancy and parental leave for railroad employees   PURPOSE: Establishes light duty during pregnancy and parental leave for railroad employees   SUMMARY OF SPECIFIC PROVISIONS: Section 1 requires that the option of light duty be provided to the employees of railroads operated by a state authority or its subsidiary who are pregnant. Section 2 makes clear that nothing in this legislation shall diminish the rights, privileges and remedies of any employee work- ing under a collective bargaining agreement or employment contract. The legislation also further defines parental leave and parental leave bene- fits and sets a schedule for the availability of such parental leave benefits. This act shall take effect immediately.   JUSTIFICATION: Published reports have indicated that one commuter train conductor who was six months pregnant miscarried after performing the strenuous job of throwing hand switches in a train yard. The on-the-job conditions facing pregnant women working for the Metropolitan Transit Authority are considered so potentially dangerous that last year the MTA formed a task force comprised of senior management officials to review the accommo- dations provided to pregnant New York City transit workers. Similar conditions exist for Metro North conductors who are required to throw hand switches, climb up and down equipment, lock down pantographs, and carry heavy work essential - often under conditions with limited lighting available. Metro North takes pride in being an inclusive work environment, yet paid maternity leave is not being offered, reasonable accommodations are not yet provided to pregnant women and a light duty option is not available. This legislation would address those shortcomings by establishing the requirement for a light duty option and addressing other related concerns that would enhance the safety of the workplace.   LEGISLATIVE HISTORY: 05/14/21 referred to transportation (Joyner) 01/05/22 referred to transportation (Joyner) FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A08995 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8995
 
                   IN ASSEMBLY
 
                                    February 1, 2024
                                       ___________
 
        Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
          the Committee on Transportation
 
        AN ACT to amend the railroad law, in relation to establishing light duty
          during pregnancy and parental leave for railroad employees
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The railroad law is amended by adding two new sections 64-a
     2  and 64-b to read as follows:
     3    §  64-a.  Light  duty for employees. 1. Should any employee engaged in
     4  the service of any railroad, including any  commuter  rail  service,  as
     5  defined  by section ninety-seven-a of this article, owned or operated by
     6  a state authority or its subsidiary, as defined by section  two  of  the
     7  public  authorities  law, who is pregnant be prevented by such pregnancy
     8  from performing the activities involved in her regular  assigned  duties
     9  due,  but  is able, as determined by the employee's medical provider, to
    10  perform specified types of light duty, the employer shall make available
    11  such light duty to the employee, provided, however, that such light duty
    12  shall enable her to continue to be entitled to her concurrent assignment
    13  earnings, including increases thereof and fringe benefits, to which  she
    14  would  have  been  entitled  if  she  were  able  to perform her regular
    15  assigned duties.
    16    2. Nothing in this section shall be deemed  to  diminish  the  rights,
    17  privileges,  or remedies of any employee under any collective bargaining
    18  agreement or employment contract.
    19    § 64-b. Parental leave for railroad employees. 1. For purposes of this
    20  section, "parental  leave" shall mean any leave taken by an employee  of
    21  any railroad, including any commuter rail service, as defined by section
    22  ninety-seven-a  of  this article, owned or operated by a state authority
    23  or its subsidiary, as defined by section two of the  public  authorities
    24  law, from work to bond with the employee's child during the first twelve
    25  months  after  the  child's  birth, or the first twelve months after the
    26  placement of the child for adoption or foster care with the employee.
    27    2. Beginning January first, two thousand twenty-five, railroad employ-
    28  ees in employment for twenty-six or  more  consecutive  weeks  shall  be
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06868-02-4

        A. 8995                             2
 
     1  eligible for parental leave benefits. Every such employee shall continue
     2  to  be  eligible  for  parental  leave benefits until the termination of
     3  employment with the employer. An employee regularly in the employment of
     4  an  employer  as  described in subdivision one of this section on a work
     5  schedule less than the employer's normal work week shall become eligible
     6  for parental leave benefits on the one hundred seventy-fifth day of such
     7  regular employment. An employee who is eligible for parental leave bene-
     8  fits shall not be deemed, for the purposes of this section, to have such
     9  employment terminated during any period he or she is eligible to receive
    10  benefits under this section with respect to such employment.
    11    3. The weekly benefit for parental leave that occurs on or after Janu-
    12  ary first, two thousand  twenty-five,  shall  not  exceed  twelve  weeks
    13  during  any  fifty-two  week  calendar  period  and shall be sixty-seven
    14  percent of the employee's average weekly wage. The entire period of  the
    15  leave  of  absence granted pursuant to this section shall not be charged
    16  against any other leave such employee is otherwise entitled to. Benefits
    17  may be payable to employees for parental leave taken  intermittently  or
    18  for  less  than  a  full work week in increments of one full day or one-
    19  fifth of the weekly benefit.
    20    4. Parental leave benefits shall be payable to  an  eligible  employee
    21  for  the  first  full day when parental leave is required and thereafter
    22  during the continuance of the need for parental leave. The first payment
    23  of benefits shall be due on the fourteenth day  of  parental  leave  and
    24  benefits  for  that  period  shall  be paid directly to the employee and
    25  thereafter benefits shall be due and payable bi-weekly in like manner.
    26    5. Nothing in this section shall be deemed  to  diminish  the  rights,
    27  privileges,  or remedies of any employee under any collective bargaining
    28  agreement or employment contract.
    29    § 2. This act shall take effect immediately.
Go to top