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.
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.