NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6077A
SPONSOR: Rajkumar TITLE OF BILL:
An act to amend the workers' compensation law, in relation to covered
employment as a domestic worker for temporary disability benefits
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to make technical changes to Chapter 481 of
the Laws of 2010 in order to effectuate the intent of the law.
SUMMARY OF PROVISIONS:
Section one of the bill makes a technical amendment to Chapter 481 of
the Laws of 2010, which enacted the Domestic Workers Bill of Rights. It
would amend section 202(2)' of the Workers' Compensation Law to clarify
that personal and domestic employees who work at least 20 hours per week
and are employed on each of at least 30 days in any calendar year are
covered under the Paid Family Leave and Temporary Disability Insurance
programs.
Section two of the bill sets forth the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The amended version would modify the effective date from immediate to
the first of January next succeeding the date on which it shall have
become law.
JUSTIFICATION:
In 2010, the Domestic Workers Bill of Rights granted new rights and
protections to domestic workers in New York State, including overtime
pay, a day of rest in each and every calendar week, protections against
harassment under the Human Rights Law, and expanded eligibility for
temporary disability benefits. However, due to a technical deficiency in
such legislation, employers of domestic workers have not been legally
required to provide the benefits that were intended for such workers as
a result of such legislation. In fact, in a letter sent to then-Governor
Paterson in August 2010, the Workers' Compensation Board indicated its
support for this proposal and urged that this technical correction be
made.
In the years since, this error has been further exacerbated in the
enactment of Paid Family Leave, as domestic workers have been required
to work at least 40 hours per week in order to become eligible for the
program while all other employees, including those in full-time, part-
time, and seasonal positions, only need to work 20 hours per week to be
eligible.
This bill would clarify the original intent of the Domestic Workers Bill
of Rights by providing that personal and domestic employees working in a
private home, who work at least 20 hours per week for such employer and
meet the duration of employment standard, are eligible for Paid Family
Leave and temporary disability benefits under the Workers' Compensation
Law.
PRIOR LEGISLATIVE HISTORY:
2020: A.1326 - Passed Assembly
2019: A.1326 - Advanced to Third Reading
2018: A.5758 - Ordered to Third Reading
2017: A.5758 - Advanced to Third Reading
2016: A.3504 - Ordered to. Third Reading
2015: A.3504 - Advanced to Third Reading
2014: A.6358 - Ordered to Third Reading
2013: A.6358 - Passed Assembly
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
The first of January next succeeding the date on which it shall have
become law.
