New York Family and Medical Leave Law

New York does not have a general law governing family and medical leave, but the state does have the following sections of the New York Consolidated Laws concerning this subject.

Article 7, Civil Rights Law, Sec. 79-e. Breastfeeding rights.

Notwithstanding any other provision of law, a mother may breast feed her baby in any location, public or private, where the mother is otherwise authorized to be, irrespective of whether or not the nipple of the mother's breast is covered during or incidental to the breast feeding.

Article 7, Labor Law, Sec. 201-c. Discrimination in child-care leave prohibited.

1. Whenever an employer or governmental agency permits an employee to take a leave of absence upon the birth of such employee`s child, an adoptive parent, following the commencement of the parent-child relationship, shall be entitled to the same leave and upon the same terms; provided, however, that the adoptive parent shall not be entitled to such equal child care leave, or any portion thereof, at any time after the adoptive child reaches the minimum age set forth in subdivision one of section three thousand two hundred two of the education law for attendance in public school without the payment of tuition. With respect to the adoption of a hard-to-place or handicapped child as defined in section four hundred fifty-one of the social services law who is under the age of eighteen, an adoptive parent, following commencement of the parent-child relationship, shall be entitled to such leave of absence.

2. For purposes of this section, "commencement of the parent-child relationship" shall mean:

a. When the adoption occurs under sponsorship of an authorized agency, as defined in subdivision ten of section three hundred seventy-one of the social services law, the date the child is placed by the authorized agency in the home of the adoptive parents pursuant to section three hundred eighty-four of the social services law.

b. When the adoption occurs without the sponsorship of an authorized agency, the date a petition for the adoption of a child residing with the adoptive parents is filed in a court.

3. In addition to any other penalties or actions otherwise applicable pursuant to this chapter, whenever an employer or governmental agency has refused to extend available child-care leave to an adoptive parent in violation of this section, an aggrieved individual may commence an action for equitable relief and damages. In all actions brought pursuant to this section, reasonable attorney`s fees, as determined by the court, shall be awarded to the prevailing plaintiff.

Article 7, Labor Law, Sec. 202-a. Leave of absence for bone marrow donations.

1. For the purposes of this section, the following terms shall have the following meanings:

(a) "Employee" means a person who performs services for hire for an employer, for an average of twenty or more hours per week, and includes all individuals employed at any site owned or operated by an employer but shall not include an independent contractor.

(b) "Employer" means a person or entity that employs twenty or more employees at at least one site and includes an individual, corporation, partnership, association, nonprofit organization, group of persons, county, town, city, school district, public authority or other governmental subdivision of any kind.

2. An employer must grant leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow. The combined length of the leaves shall be determined by the physician, but may not exceed twenty-four work hours, unless agreed to by the employer. The employer may require verification by a physician for the purpose and length of each leave requested by the employee to donate bone marrow.

3. An employer shall not retaliate against an employee for requesting or obtaining a leave of absence as provided by this section for the purpose of undergoing a medical procedure to donate bone marrow.

4. The provisions of this section shall not prevent an employer from providing leave for bone marrow donations in addition to leave allowed under any other provision of law. The provisions of this section shall not affect an employee`s rights with respect to any other employee benefit otherwise provided by law.

Article 7, Labor Law, Sec. 202-b. Leave for organ or bone marrow donation granted to state employees.

1. Any employee of the state of New York shall be allowed up to seven days paid leave to undergo a medical procedure to donate bone marrow and up to thirty days paid leave to serve as an organ donor. Such leave shall be in addition to any other sick or annual leave allowed. the employer may require verification by a physician for the purpose and length of each leave requested by the employee to donate bone marrow.

2. An employer shall not retaliate against an employee for requesting or obtaining a leave of absence as provided by this section for the purpose of undergoing a medical procedure to donate bone marrow or serve as an organ donor, provided, however, that an employee of the state of new york shall provide his or her employer with not less than fourteen days prior written notice of an intention to utilize such leave, unless there exists a medical emergency, attested to by a physician, which would require the employee to participate in the medical procedure or organ donation for which the leave is sought within the fourteen day notification period.

3. The provisions of this section shall not prevent an employer from providing leave for bone marrow or organ donations in addition to leave allowed under any other provision of law. the provisions of this section shall not affect an employee's rights with respect to any other employee benefit otherwise provided by law.

Article 7, Labor Law, Sec. 202-j. Blood donation leave.

1. For the purposes of this section, the following terms shall have the following meanings:

(A) "Employee" means a person who performs services for hire for an employer, for an average of twenty or more hours per week, and includes all individuals employed at any site owned or operated by an employer but shall not include an independent contractor.
(B) "Employer" means a person or entity that employs twenty or more employees at at least one site and includes an individual, corporation, partnership, association, nonprofit organization, group of persons, state, county, town, city, school district, public authority or other governmental subdivision of any kind.

2. An employer must either, at its option grant three hours of leave of absence in any twelve month period to an employee who seeks to donate blood; provided that the leave of absence may not exceed three hours, unless otherwise agreed to by the employer, and must comply with the requirements established by the commissioner under subdivision five of this section; or (b) allow its employees without use of accumulated leave time to donate blood during work hours at least two times per year at a convenient time and place set by the employer, including allowing an employee to participate in a blood drive at the employee's place of employment.
3. An employer shall not retaliate against an employee for requesting or obtaining a leave of absence under this section.
4. This section shall not prevent an employer from providing leave for blood donation in addition to leave allowed under any other provision of law. this section shall not affect an employee's rights with respect to any other employee benefit otherwise provided by law.
5. The commissioner is hereby authorized and directed to establish any necessary guidelines, including requirements for notice request and approval of leave, and documentation, for the timely implementation of the program.

Article 10, Sec. 159-b. Public officers and employees; Breast cancer screening; Excused leave.

1. Every public officer, employee of this state, or employes of any county, employee of any municipality, or the employee of any school district shall be entitled to absent himself or herself and shall be deemed to have a leave of absence from his or her duties or service as such public officer or employee of this state, employee of any county, employee of any municipality, or employee of any school district, for a sufficient period of time, not to exceed four hours on an annual basis, to undertake a screening for breast cancer.
2. The entire period of the leave of absence granted pursuant to this section shall be excused leave and shall not be charged against any other leave such public officer, employee of this state, employee of any county, employee of any municipality, or employee of any school district is otherwise entitled to.
3. The provisions of this section shall not apply to any employee of a city having a population of one million or more.

Article 10, Sec. 159-c. Public officers and employees; Prostate cancer screening; Excused leave.

1. Every public officer, employee of this state, employee of any county, employee of any municipality, or employee of any school district shall be entitled to absent himself and shall be deemed to have a leave of absence from his duties or service as such public officer, employee of this state, employee of any county, employee of any municipality, or employee of any school district, for a sufficient period of time, not to exceed four hours on an annual basis, to undertake a screening for prostate cancer.
2. The entire period of the leave of absence granted pursuant to this section shall be excused leave and shall not be charged against any other leave such public officer, employee of this state, employee of any county, employee of any municipality, or employee of any school district is otherwise entitled to.
3. The provisions of this section shall not apply to any employee of a city having a population of one million or more