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S T A T E O F N E W Y O R K
________________________________________________________________________
9071
2025-2026 Regular Sessions
I N A S S E M B L Y
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.