A 7275: Establishes light duty during pregnancy and parental leave for railroad employees.

  
  STATE OF NEW YORK ________________________________________________________________________ 7275 2025-2026 Regular Sessions  IN ASSEMBLY March 21, 2025 ___________ Introduced by M. of A. BICHOTTE HERMELYN, LEVENBERG, DAVILA, LUCAS, SEPTIMO, FORREST -- read once and referred to the Committee on Trans- portation AN ACT to amend the labor 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. Legislative intent. The legislature hereby finds and 2 declares that pregnant employees and new parents in the railroad indus- 3 try face unique challenges that necessitate specific protections and 4 accommodations. The intent of this legislation is to ensure that preg- 5 nant employees are provided with suitable light duty assignments to 6 safeguard their health and well-being, and to establish paid parental 7 leave benefits to support employees bonding with their newborn or newly 8 adopted children. These measures aim to promote a safe and inclusive 9 work environment while balancing the operational needs of employers. 10 § 2. The labor law is amended by adding two new sections 167-a and 11 167-b to read as follows: 12 § 167-a. Light duty for pregnant railroad employees. 1. Should any 13 employee engaged in the service of any railroad, including any commuter 14 rail service, as defined by section ninety-seven-a of the railroad law, 15 owned or operated by a state authority or its subsidiary, as defined by 16 section two of the public authorities law, who is pregnant be prevented 17 by such pregnancy from performing the activities involved in the employ- 18 ee's regular assigned duties due, but is able, as determined by the 19 employee's medical provider, to perform specified types of light duty, 20 the employer shall make available such light duty to the employee, 21 provided, however, that such light duty shall enable the employee to 22 continue to be entitled to the employee's concurrent assignment earn- 23 ings, including increases thereof and fringe benefits, to which the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11046-01-5 
 A. 7275 2 1 employee would have been entitled if the employee were able to perform 2 the employee's regular assigned duties. 3 2. Nothing in this section shall be deemed to diminish the rights, 4 privileges, or remedies of any employee under any collective bargaining 5 agreement or employment contract. 6 § 167-b. Parental leave for railroad employees. 1. For purposes of 7 this section, "parental leave" shall mean any leave taken by an employ- 8 ee of any railroad, including any commuter rail service, as defined by 9 section ninety-seven-a of the railroad law, owned or operated by a state 10 authority or its subsidiary, as defined by section two of the public 11 authorities law, from work to bond with the employee's child during the 12 first twelve months after the child's birth, or the first twelve months 13 after the placement of the child for adoption or foster care with the 14 employee. 15 2. Beginning January first, two thousand twenty-six, railroad employ- 16 ees in employment for twenty-six or more consecutive weeks shall be 17 eligible for parental leave benefits. Every such employee shall continue 18 to be eligible for parental leave benefits until the termination of 19 employment with the employer. An employee regularly in the employment of 20 an employer as described in subdivision one of this section on a work 21 schedule less than the employer's normal work week shall become eligible 22 for parental leave benefits on the one hundred seventy-fifth day of such 23 regular employment. An employee who is eligible for parental leave bene- 24 fits shall not be deemed, for the purposes of this section, to have such 25 employment terminated during any period the employee is eligible to 26 receive benefits under this section with respect to such employment. 27 3. The weekly benefit for parental leave that occurs on or after Janu- 28 ary first, two thousand twenty-six, shall not exceed twelve weeks during 29 any fifty-two week calendar period and shall be sixty-seven percent of 30 the employee's average weekly wage. The entire period of the leave of 31 absence granted pursuant to this section shall not be charged against 32 any other leave such employee is otherwise entitled to. Benefits may be 33 payable to employees for parental leave taken intermittently or for less 34 than a full work week in increments of one full day or one-fifth of the 35 weekly benefit. 36 4. Parental leave benefits shall be payable to an eligible employee 37 for the first full day when parental leave is required and thereafter 38 during the continuance of the need for parental leave. The first payment 39 of benefits shall be due on the fourteenth day of parental leave and 40 benefits for that period shall be paid directly to the employee and 41 thereafter benefits shall be due and payable bi-weekly in like manner. 42 5. Nothing in this section shall be deemed to diminish the rights, 43 privileges, or remedies of any employee under any collective bargaining 44 agreement or employment contract. 45 § 3. This act shall take effect immediately.