Relates to certain notices and guidelines regarding mental health services and resources available to employees

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                           381

                               2025-2026 Regular Sessions

                                    I N  S E N A T E

                                       (PREFILED)

                                     January 8, 2025
                                       ___________

        Introduced  by  Sens. BROUK, JACKSON, RAMOS, SKOUFIS, WEBB -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Labor

        AN ACT to amend the labor law, in relation to workplace mental health

          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 201-j to
     2  read as follows:
     3    § 201-J. WORKPLACE MENTAL HEALTH AWARENESS AND RESOURCES.  1.  POSTING
     4  OF INFORMATION REGARDING MENTAL HEALTH AWARENESS AND RESOURCES.
     5    A.  THE  COMMISSIONER,  IN  CONSULTATION  WITH THE COMMISSIONER OF THE
     6  OFFICE OF MENTAL HEALTH, AND THE DIVISION OF HUMAN RIGHTS, SHALL  CREATE
     7  AND  DISTRIBUTE  WRITTEN  MATERIALS REGARDING MENTAL HEALTH SERVICES AND
     8  RESOURCES AVAILABLE TO EMPLOYEES. SUCH MATERIALS SHALL INCLUDE AT  MINI-
     9  MUM,  SIGNS  AND SYMPTOMS OF MENTAL HEALTH CONCERNS, HOTLINES, WEBSITES,
    10  OR OTHER RESOURCES MAINTAINED BY LOCAL, STATE OR NATIONAL  ORGANIZATIONS
    11  OFFERING  MENTAL  HEALTH  SERVICES,  AND RESOURCES FOR INFORMATION ABOUT
    12  FEDERAL, STATE, AND LOCAL ANTI-DISCRIMINATION LAWS  FOR  EMPLOYEES  WITH
    13  MENTAL  HEALTH  RELATED  DISABILITIES.   SUCH WRITTEN MATERIALS SHALL BE
    14  TRANSLATED INTO AT LEAST THE TWELVE MOST  COMMON  NON-ENGLISH  LANGUAGES
    15  SPOKEN  BY  INDIVIDUALS  WITH  LIMITED-ENGLISH PROFICIENCY IN THE STATE,
    16  BASED ON THE DATA IN THE MOST RECENT AMERICAN COMMUNITY SURVEY PUBLISHED
    17  BY THE UNITED STATES CENSUS BUREAU.
    18    B. EVERY EMPLOYER IN THE STATE SHALL POST SUCH MATERIALS  IN  A  PLACE
    19  ACCESSIBLE  TO  THEIR  EMPLOYEES  AND  IN A VISUALLY CONSPICUOUS MANNER.
    20  WHERE A SIGNIFICANT NUMBER OF EMPLOYEES HAVE IDENTIFIED AS THEIR PRIMARY
    21  LANGUAGE A LANGUAGE FOR WHICH SUCH WRITTEN MATERIALS  HAVE  BEEN  TRANS-
    22  LATED  BY THE DEPARTMENT, SUCH WRITTEN MATERIALS SHALL BE POSTED IN BOTH
    23  ENGLISH AND SUCH ADDITIONAL PRIMARY LANGUAGE OR LANGUAGES AS APPLICABLE.

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01224-01-5
        S. 381                              2

     1    2. VOLUNTARY GUIDANCE FOR ADDRESSING MENTAL HEALTH IN  THE  WORKPLACE.
     2  THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF THE OFFICE OF
     3  MENTAL  HEALTH  AND THE DIVISION OF HUMAN RIGHTS, SHALL ESTABLISH VOLUN-
     4  TARY GUIDANCE FOR EMPLOYERS TO ADDRESS MENTAL HEALTH IN  THE  WORKPLACE.
     5  SUCH  GUIDANCE  SHALL  CONTAIN,  AT  MINIMUM,  STRATEGIES  AND TOOLS FOR
     6  EMPLOYERS TO REDUCE MENTAL HEALTH  STIGMA  IN  THE  WORKPLACE,  INCREASE
     7  AWARENESS  OF THE SIGNS AND SYMPTOMS OF MENTAL HEALTH CONCERNS, CREATE A
     8  WORKPLACE ENVIRONMENT INCLUSIVE OF MENTAL HEALTH  RELATED  DISABILITIES,
     9  AND  PROMOTE  MENTAL  HEALTH WELLNESS AND STRESS MANAGEMENT IN THE WORK-
    10  PLACE.  SUCH GUIDANCE SHALL PROVIDE BOTH GUIDELINES  FOR  BEST  EMPLOYER
    11  PRACTICES  AS WELL AS WRITTEN AND DIGITAL RESOURCES FOR EMPLOYERS TO USE
    12  IN THE WORKPLACE AT THEIR OPTION.
    13    § 2. This act shall take effect on the one hundred eightieth day after
    14  it shall have become a law.