Int. No. 84
By the Public Advocate (Mr. Williams) and Council Members Stevens, Hanif, Cabán, Won, Louis and Riley (by request of the Bronx Borough President)
A Local Law to amend the administrative code of the city of New York, in relation to requiring employers to hold an onboarding meeting to discuss an employee's reintegration back into the workplace after parental leave
Be it enacted by the Council as follows:
Section 1. Chapter 1 of title 8 of the administrative code of the city of New York is amended by adding a new section 8-135 to read as follows:
§ 8-135 Onboarding meeting after parental leave. 1. Definitions. As used in this section, the following terms have the following meanings:
Onboarding meeting. The term “onboarding meeting” means a meeting between an employer, or an employer’s designee, and an employee regarding the conditions and expectations of employment after such employee returns from parental leave. The substantive agenda of such a meeting shall adhere to the guidelines promulgated by the commission.
Parental leave. The term “parental leave” means any job-protected paid or unpaid leave taken pursuant to chapter 28 of title 29 of the United States code, section 204 of the worker's compensation law or other parental leave benefit program provided by an employer that an employee may use to bond with a new child.
2. Guidelines. The commission shall promulgate guidelines regarding the timeline, topics of discussion, relevant rights and responsibilities, goals, format and duration of such an onboarding meeting within 90 days of the day the local law that added this section becomes law. These guidelines may be updated by the commission as needed thereafter.
3. Compliance. Every employer must hold an onboarding meeting with every employee who returns from parental leave within 2 weeks of such employee’s return. An employee may opt out of an onboarding meeting by informing the employer in writing. The employer shall keep such record for at least 5 years and shall make such record available for review by the commission upon the commission's request. The onboarding meeting required by this section is intended to establish a minimum threshold and shall not be construed to prohibit any employer from providing additional onboarding meetings or support for employees returning from parental leave. An employer shall keep a record of compliance with this section and retain such records for at least 5 years.
4. Notwithstanding the foregoing, the provisions of this section shall not apply to employers to whom the commission grants an exemption based on bona fide considerations of public policy.
5. Nothing in this section shall be construed to create a protected class in itself.
§ 2. This local law takes effect 180 days after it becomes law.
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