NY A04352

Employers with 20 or more employees must either grant three hours of paid leave per 12-month period for HIV testing or allow employees to participate in HIV testing at the workplace at least twice per year without using accumulated leave time.

Applies to employees working an average of 20 or more hours per week and includes all individuals at employer-operated sites, excluding independent contractors.

Employers are prohibited from retaliating against employees for requesting or obtaining leave for HIV testing and may not request or access an employee's HIV test results.

The Department of Labor is authorized to establish guidelines regarding notice, request procedures, approval processes, and documentation requirements for the leave program.

Becomes effective 90 days after enactment; does not prevent employers from providing additional leave beyond these requirements or affect other employee benefits under law.