The New York State legislature is considering a bill (A.3737/S.4259) that would expand the covered reasons for leave under the New York Paid Family Leave Law (“NYPFLL”) to include fetal and infant bereavement.

Currently, the NYPFLL provides eligible New York employees with up to 12 weeks of partially paid leave in a rolling 12-month period for reasons including caring for a covered family member with a serious health condition, bonding with a newly born or placed child, and certain reasons related to military exigency.

The proposed bill would add as an additional covered reason “leave taken for the purposes of bereavement due to the fetal death or still birth of an infant born to the employee or the employee’s spouse, or due to the employee’s infant being declared medically not viable to survive birth” by a licensed physician.  Employees seeking to take leave for this purpose would be required to provide a fetal death certificate, certificate of still birth or death certificate as part of a claim for NYPFLL benefits.

If enacted, the law would take effect for claims beginning on January 1, 2024.

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