A 9071: Includes certain persons engaged in a professional or teaching capacity in or for a religious, charitable or educational institution as employees for purposes of eligibility for paid family leave.

  
  STATE OF NEW YORK ________________________________________________________________________ 9071 2025-2026 Regular Sessions  IN ASSEMBLY September 5, 2025 ___________ Introduced by M. of A. VALDEZ -- read once and referred to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to including certain persons engaged in a professional or teaching capacity in or for a religious, charitable or educational institution as employees for purposes of eligibility for paid family leave The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of subdivision 5 of section 201 of 2 the workers' compensation law, as amended by chapter 481 of the laws of 3 2010, is amended to read as follows: 4 "Employee" means a person engaged in the service of an employer in any 5 employment defined in subdivision six of this section, except a minor 6 child of the employer, except a duly ordained, commissioned, or licensed 7 minister, priest or rabbi, a sexton, a christian science reader, or 8 member of a religious order, or an executive officer of a corporation 9 who at all times during the period involved owns all of the issued and 10 outstanding stock of the corporation and holds all of the offices pursu- 11 ant to paragraph (e) of section seven hundred fifteen of the business 12 corporation law or two executive officers of a corporation who at all 13 times during the period involved between them own all of the issued and 14 outstanding stock of such corporation and hold all such offices 15 provided, however, that each officer must own at least one share of 16 stock, except as provided in section two hundred twelve of this article, 17 or an executive officer of an incorporated religious, charitable or 18 educational institution, or persons engaged in a professional or teach- 19 ing capacity in or for a religious, charitable or educational institu- 20 tion, or volunteers in or for a religious, charitable or educational 21 institution, or persons participating in and receiving rehabilitative 22 services in a sheltered workshop operated by a religious, charitable or 23 educational institution under a certificate issued by the United States EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13641-01-5 
 A. 9071 2 1 department of labor, or recipients of charitable aid from a religious or 2 charitable institution who perform work in or for the institution which 3 is incidental to or in return for the aid conferred, and not under an 4 express contract of hire; provided, however, that persons engaged in a 5 professional or teaching capacity in or for a religious, charitable or 6 educational institution shall be deemed employees for purposes of family 7 leave pursuant to this article. The terms "religious, charitable or 8 educational institution" mean a corporation, unincorporated association, 9 community chest, fund or foundation organized and operated exclusively 10 for religious, charitable or educational purposes, no part of the net 11 earnings of which inure to the benefit of any private shareholder or 12 individual. 13 § 2. This act shall take effect immediately.