New York 2025-2026 Regular Session

New York Senate Bill S08697

Introduced
1/7/26  

Caption

Directs certain employers to establish a dependent care flexible benefits program under which a portion of employees' compensations are deposited directly into dependent care flexible spending accounts.

Impact

The bill mandates that employers who meet specific criteria—such as having at least 100 employees and not having offered dependent care flexible spending accounts in the preceding two years—must implement this flexible benefit program. This change is expected to benefit many employees by allowing them to allocate pre-tax dollars towards eligible dependent care expenses, fostering a more supportive work environment for working parents and caregivers. Additionally, the bill aligns with federal guidelines under section 129 of the Internal Revenue Code, ensuring it operates within established legal frameworks.

Summary

Bill S08697 was introduced with the aim of enhancing employee benefits related to dependent care by requiring certain employers in New York State to establish a dependent care flexible benefits program. This program would allow employees to defer a portion of their salary into flexible spending accounts designated for dependent care expenses. The intent behind this legislation is to provide additional financial relief for employees managing the costs associated with caring for dependents, thereby promoting workforce participation and productivity.

Contention

While proponents of S08697 argue that it will greatly assist families by making dependent care more affordable, there could be concerns regarding the implications for smaller employers or those struggling with financial burdens. Critics may argue that this requirement could impose additional costs on businesses that are not prepared to manage such programs, potentially leading to negative impacts on their operational flexibility. Furthermore, discussions may arise about the equity of imposing such mandates on employers, especially in industries where profit margins are already tight.

Notable_points

The bill is significant as it provides a structured way for dependent care to be financially supported through employer-sponsored programs. However, the requirement for a considerable employee base before it applies may leave smaller companies without similar protection mechanisms. As such, there could be discussions regarding how to level the playing field for businesses of all sizes while also providing necessary support to employees needing assistance with dependent care.

Companion Bills

No companion bills found.

Previously Filed As

NY HF4647

Scholarships, dependent flexible spending accounts, and health flexible spending accounts excluded from income definition used by the homestead credit refund program.

NY HB3485

School employees; Larry Dickerson Education Flexible Benefits Allowance Act; expanding coverage to dependents; linking flexible benefit allowance amounts to state employee amounts; effective date; emergency.

NY H5316

Establishes the Housing Flexible Spending Account Act of 2025 allowing Rhode Island employers to contribute pre-tax income into a housing flexible spending account (H-FSA), for employees to be used for qualified housing expenses.

NY S3352

Requires same limitation on public employee contributions to medical and dependent care flexible spending accounts as provided by federal law.

NY HB2196

Education; Larry Dickerson Education Flexible Benefits Allowance Act; school employee dependents; effective date; emergency.

NY HB2196

Education; Larry Dickerson Education Flexible Benefits Allowance Act; school employee dependents; effective date; emergency.

NY SF4961

Scholarships, dependent flexible spending accounts, and health spending accounts exclusion from the income definition used by the homestead credit refund program provision

NY A09585

Establishes the small business child and dependent care savings program; provides the basic framework therefor.

NY HB130

State Employees: Flexible Time Credit

NY HB3672

State employee benefits; flexible benefits allowance; effective date.

Similar Bills

No similar bills found.