212-b. Public employees; public employees represented by an employee organization; employee opt in.
1. For purposes of this section, "public employee" means any employee of the state, any political subdivision of the state, a public authority or any other governmental agency or instrumentality. "Public employer" means the state, any political subdivision of the state, a public authority or any other governmental agency or instrumentality thereof. "Employee organization" shall have the same meaning set forth in section two hundred one of the civil service law.
2. Public employers shall provide benefits for family leave to public employees in accordance with the procedures and terms set forth in subdivision three of this section.
3. (a) An employee organization may, pursuant to collective bargaining, opt in to paid family leave benefits on behalf of those public employees it is either certified or recognized to represent, within the meaning of article fourteen of the civil service law. Nothing in this section shall prohibit an agreement to opt in to paid family leave between the employee organization and any public employer. An employee organization that has opted in to paid family leave benefits may, pursuant to collective bargaining, opt out of it as is mutually agreed upon between the employee organization and any public employer.
b. For public employees who are not represented by an employee organization, the public employer may opt-in to paid family leave benefits within ninety days notice to such public employees. Following opt-in by a public employer for public employees not represented by an employee organization, the public employer may opt-out of paid family leave benefits with twelve months notice to those public employees.
4. In the absence of any contrary statement in a collectively negotiated agreement under article fourteen of the civil service law, a public employer may require public employees who opt in under this section to provide the maximum employee contribution, as defined in paragraph (b) of subdivision three of section two hundred nine of this article.
Last modified: February 3, 2019