NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A892
SPONSOR: Forrest TITLE OF BILL:
An act to amend the labor law, in relation to requiring employers to
provide paid vacation time
PURPOSE OR GENERAL IDEA OF BILL:
To guarantee paid vacation time to employees in New York State working
an average of 20 hours or more per week.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the labor law by adding a new section 196-e guarantee-
ing paid vacation time to eligible employees
Section 2 sets the effective date
JUSTIFICATION:
Guaranteeing paid vacation time in New York State would have several
significant benefits. It would promote work-life balance, attract and
retain talent, stimulate the economy, and contribute to overall societal
well-being. By valuing the importance of rest, leisure, and personal
growth, the state can create a healthier and more productive workforce
while enhancing the quality of life for its residents.
Firstly, it would promote a healthier work-life balance for employees.
Taking regular time off from work allows individuals to recharge and
rejuvenate, reducing stress and preventing burnout. By providing paid
vacation time, the state recognizes the importance of rest and leisure
in maintaining physical and mental well-being, ultimately leading to
happier and more productive workers.
Secondly, offering paid vacation time can help attract and retain
talented employees. In a competitive job market, companies that provide
this benefit are more likely to stand out and be desirable to job seek-
ers. It demonstrates that the employer values the well-being of their
workers and respects the need for time away from work. By offering paid
vacation time as a standard benefit, New York State can create a more
attractive business environment, encouraging companies to invest and
grow within the state, which in turn drives economic development.
Additionally, guaranteeing paid vacation time can have a positive impact
on the economy. When individuals have the opportunity to take paid
vacations, they are more likely to spend their time and money on leisure
activities, travel, and local businesses. This increased consumer spend-
ing stimulates the economy and supports various industries, such as
tourism, hospitality, and retail. In turn, local businesses benefit from
the increased demand, leading to job creation and economic growth within
the state.
Lastly, paid vacation time contributes to overall societal well-being.
It allows families and friends to spend quality time together, creating
stronger connections and fostering a sense of community. Additionally,
it provides individuals with the opportunity to pursue personal inter-
ests, hobbies, and travel experiences, which can broaden horizons,
enhance cultural understanding, and promote personal growth. By recog-
nizing the importance of leisure and family time through guaranteed paid
vacation, New York State can support the holistic well-being of its
residents and contribute to a more balanced and fulfilling society.
PRIOR LEGISLATIVE HISTORY:
2023-2024: A.8354 (Forrest)/S.8219 (Ramos) - referred to labor
FISCAL IMPLICATIONS:
TBD
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
892
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. FORREST, MAMDANI, MITAYNES, SHRESTHA -- read once
and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to requiring employers to
provide paid vacation time
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 196-e to
2 read as follows:
3 § 196-e. Paid vacation. 1. Every employer shall offer paid vacation to
4 each eligible employee based on length of employment, as follows:
5 a. After one full year of employment, each employee shall be offered
6 up to two weeks of paid vacation;
7 b. After three full years of employment, each employee shall be
8 offered up to three weeks of paid vacation; and
9 c. After five full years of employment, each employee shall be offered
10 up to four weeks of paid vacation.
11 2. Any employee working an average of twenty hours per week or more
12 shall be eligible for paid vacation pursuant to this section.
13 3. Nothing in this section shall be construed to prohibit or prevent
14 an employer from providing an amount of paid vacation which is in excess
15 of the requirements set forth in subdivision one of this section, or
16 from adopting a paid leave policy that provides additional benefits to
17 employees. An employer may elect to provide its employees with the total
18 amount of paid vacation required to fulfill its obligations pursuant to
19 subdivision one of this section at the beginning of the calendar year,
20 provided, however that no employer shall be permitted to reduce or
21 revoke any such paid vacation based on the number of hours actually
22 worked by an employee during the calendar year if such employer elects
23 pursuant to this subdivision.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02126-01-5
A. 892 2
1 4. No employer shall be permitted to penalize any employee for exer-
2 cising their right to vacation time pursuant to this section. No employ-
3 er shall be permitted to intimidate an employee into not exercising
4 their right to vacation time under this section.
5 5. Employers shall set reasonable policies and expectations around
6 granting employee vacation requests. Such policies may require the
7 employee to provide a certain amount of notice to the employer prior to
8 the start of the employee's vacation time; provided, however, that no
9 employer shall require more than four full weeks prior notice.
10 6. Paid vacation time shall be granted in consecutive days. Employees
11 entitled to more than one week of paid vacation time shall be permitted
12 to take such time in non-consecutive weeks if requested by the employee;
13 provided, however, that an employer may not require vacation time to be
14 taken in non-consecutive weeks.
15 7. No employer shall require any employee to undertake any action,
16 including communication and correspondence, related to their employment
17 during the duration of their paid vacation time.
18 8. Any employee, with the consent of their employer, may choose to
19 forgo their paid vacation time. Any employee who chooses to forgo their
20 paid vacation time shall be paid at a rate of double their standard
21 wages for a length of time equal to the amount of paid vacation time
22 such employee was entitled to. Such payment shall be paid to such
23 employee before the end of their employment year.
24 § 2. This act shall take effect immediately.
