senate Bill S6741

Establishes family care leave benefits within the disability provisions of the workers' compensation law

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 05 / Mar / 2014
    • REFERRED TO LABOR

Summary

Establishes family care leave benefits within the disability provisions of the workers' compensation law; such benefits provide up to six weeks of paid leave from work for the care of a family member with a serious health condition or to bond with the employee's child within the first 12 months of birth or taking custody of such child.

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Bill Details

Versions:
S6741
Legislative Cycle:
2013-2014
Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd Work Comp L, generally; amd ยง1113, Ins L

Sponsor Memo

BILL NUMBER:S6741

TITLE OF BILL: An act to amend the workers' compensation law and the
insurance law, in relation to establishing family care benefits

PURPOSE:

This bill would provide for the payment of paid family leave benefits
through the temporary disability benefit system to employees who take
leave to care for a sick family member or bond with a newly born,
adopted, or foster child.

SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 9 of section 201 of the workers'
compensation law by including family care within the definition of
disability.

Section 2: Amends subdivision 14 of section 201 of the workers'
compensation law to define family care as any leave taken to bond with
a new child within the first 12 months of the child being born, or
placed with a parent through adoption or foster care. It also includes
any leave taken to provide care, be it physical or psychological, for
a family member with a serious health condition.

Section 3: Amends section 202 of the workers' compensation law by
adding a new subdivision 1-a to state that family care leave will be
provided to public employees and private employees in business with 25
or more employees.

Section 4: Amends the workers' compensation law by adding two new
section 203-a and 203-b. This states that any employee taking family
care leave shall be restored to the same position, or a comparable
position, upon their return from leave.

Section 5: Amends section 204 of the workers' compensation law to add
a new subdivision 3 gradually increasing the capped amount of
Temporary Disability Insurance (TDI) in three steps from its current
level of $170 per week. On January 1, 2015 the benefit will equal 1/2
of an employee's weekly wage, up to maximum of 35% of the Statewide
Average Weekly Wage (AWW). This cap increases to 40% in 2016, and 50%
in 2017 where it will remain.

Section 6: Amends subdivisions 1, 2, 3, 4, and 8 of section 205 of the
workers' compensation law to limit the amount of family care leave an
employee is entitled to take to six weeks within a continuous
fifty-two week period. Exempts remuneration received for caring for a
foster or adopted child.

Section 7: Amends the workers' compensation law to add a new section
205-a to state that time taken for leave resulting from an injury,
sickness, or pregnancy shall not count against the six weeks of family
care leave,and states that disability benefits can only be received
one claim at a time.

Section 8: Amends section 209 of the workers' compensation law to
state that family care benefits shall be provided at no cost to


employees in 2015 by the State. In subsequent years, this level of
funding will be continued along with an employee contribution that
shall be set by the Superintendent of Financial Services. Employers
will not contribute toward the cost of family care benefits.

Section 9: Amends section 211 of the workers' compensation law to
state that nothing in this act shall amend, repeal, or replace any
existing collective bargaining agreements negotiated between covered
employers and employee organizations or agreements mandated by binding
arbitration. Nothing in this act mandates that employers use the same
carrier to pay for family care leave that they use to pay for existing
disability benefits.

Section 10: Amends the workers' compensation law to add a new section
211-a to provide an employee option for public employees.

Section 11: Amends subdivisions 1, 2, 3, and 4 of section 217 of the
workers' compensation law to state that employees must provide proof
of the birth or placement of a child to receive family care benefits.

Section 12: Amends subdivision 2 of section 229 of the workers'
compensation law to mandate that employers give notice to existing and
new employees of this benefit.

Section 13: Amends subdivision 2 of section 76 of the workers'
compensation law to enlarge the purposes of the state insurance fund
to provide insurance for the payment of family care benefits either in
the same policy with or in a separate policy from benefits for
disability resulting from injury or sickness to or pregnancy of an
employee.

Section 14: Amends paragraph 3 of subsection (a) of section 1113 of
the insurance law to include family care leave to the definition of
accident and health insurance.

Section 15: This act shall take effect immediately.

JUSTIFICATION:

In these challenging economic times it is becoming increasingly
difficult to raise and care for a family. More so than ever, both
parents must now deal with the responsibilities of a job on top of
their family obligations. Welcoming a new child into one's family, or
caring for an elderly family member are major events that demand a
great amount of time and devotion. Despite this, it is impossible for
many to take an absence from work to dedicate the necessary attention
to provide their family with the proper care.

Although the Federal Family and Medical Leave Act guarantees 12 weeks
of unpaid leave to many workers in order to bond with a new child,
most people cannot afford to take an absence without Pay. New York
State offers further assistance through its Temporary Disability
Insurance (TDI) program. This places an obligation on most employers
in the state to provide disability benefits for illnesses or injuries
occurring off the job leading one to be unable to perform their
regular duties. Women can receive benefits for any disability related
to a pregnancy. Unfortunately, this program is flawed because it


excludes a host of parents and care for a seriously ill relative.
Additionally, the maximum weekly benefit is a mere $170.

Without a requirement, the decision to offer paid family leave falls
to the employer. Unfortunately, only 12% of all workers receive family
leave benefits in the United States according to the US Department of
Labor. This is simply unacceptable.

When individuals cannot take time off they are often left exhausted,
and the individuals requiring their assistance receive lesser care.
For those taking unpaid leave, the financial consequences can be too
much to bear. It is clear that paid family leave is a long unfulfilled
need in New York State. Every New Yorker should have the ability to
affordably raise and care for their family. That is why this
legislation calls for the establishment of a paid family leave benefit
in New York State.

This legislation would allow leave to bond with a new child during the
twelve months following their birth, adoption or foster care
placement; or to care for a family member who is suffering from a
serious illness or disability. Workers would be able to claim a
benefit equal to half their weekly wage up to a maximum benefit of 35%
of the Statewide Average Weekly Wage in 2015. This capped amount would
rise to 40% in 2016, and 50% in 2017 where it would remain. This
benefit may be claimed for up to six weeks a year. This benefit will
cover all parents, regardless of sex.

During the program's first year, benefits would be fully provided by
New York State at no cost to the employee. After year one, the State
will continue to subsidize the cost of a paid family leave benefits
with minimal employee contributions.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6741

                            I N  S E N A T E

                              March 5, 2014
                               ___________

Introduced  by  Sens.  SAVINO,  KLEIN, VALESKY, CARLUCCI, AVELLA -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Labor

AN  ACT to amend the workers' compensation law and the insurance law, in
  relation to establishing family care benefits

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 9 of section 201 of the workers' compensation
law is amended by adding a new paragraph C to read as follows:
  C. "DISABILITY" ALSO INCLUDES FAMILY CARE.
  S 2. Subdivision 14 of section 201 of the workers'  compensation  law,
as added by chapter 600 of the laws of 1949 and as renumbered by chapter
438  of  the laws of 1964, is amended, and nine new subdivisions 15, 16,
17, 18, 19, 20, 21, 22 and 23 are added to read as follows:
  14. "A day of disability" means any day  on  which  the  employee  was
prevented  from performing work because of disability, INCLUDING ANY DAY
WHICH THE EMPLOYEE USES FOR FAMILY CARE, and for which [he] THE EMPLOYEE
has not received his OR HER regular remuneration.
  15. "FAMILY CARE" MEANS ANY LEAVE TAKEN BY AN EMPLOYEE FROM PERFORMING
WORK:
  A. TO PARTICIPATE IN PROVIDING CARE, INCLUDING PHYSICAL OR  PSYCHOLOG-
ICAL CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY BY A SERI-
OUS HEALTH CONDITION OF THE FAMILY MEMBER; OR
  B.  TO  BOND  WITH THE EMPLOYEE'S CHILD DURING THE FIRST TWELVE MONTHS
AFTER THE CHILD'S BIRTH, OR THE FIRST TWELVE MONTHS AFTER THE  PLACEMENT
OF THE CHILD FOR ADOPTION OR FOSTER CARE WITH THE EMPLOYEE.
  16. "CHILD" MEANS A BIOLOGICAL, ADOPTED OR FOSTER CHILD, A STEP-CHILD,
A  LEGAL WARD OR A CHILD OF A PERSON WHO STANDS IN PARENTAL RELATIONSHIP
TO THE CHILD WHO IS:
  A. LESS THAN EIGHTEEN YEARS OF AGE; OR
  B. EIGHTEEN YEARS OF AGE OR OLDER AND INCAPABLE OF  SELF-CARE  BECAUSE
OF A MENTAL OR PHYSICAL DISABILITY.
  17.  "DOMESTIC  PARTNER" HAS THE SAME MEANING SET FORTH IN SUBDIVISION
ONE OF SECTION FOUR OF THIS CHAPTER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13578-02-4

S. 6741                             2

  18. "SERIOUS HEALTH CONDITION" MEANS AN ILLNESS,  INJURY,  IMPAIRMENT,
OR PHYSICAL OR MENTAL CONDITION THAT:
  A.  REQUIRES  INPATIENT  CARE  IN  A  HOSPITAL, HOSPICE OR RESIDENTIAL
HEALTH CARE FACILITY; OR
  B. REQUIRES CONTINUING TREATMENT BY A HEALTH CARE PROVIDER.
  19. "PARENT" MEANS A BIOLOGICAL OR ADOPTIVE PARENT OR  STEP-PARENT  OF
AN  EMPLOYEE,  OR  A  PERSON  WHO  STOOD  IN PARENTAL RELATIONSHIP TO AN
EMPLOYEE WHEN THE EMPLOYEE WAS:
  A. LESS THAN EIGHTEEN YEARS OF AGE; OR
  B. EIGHTEEN YEARS OF AGE OR OLDER AND INCAPABLE OF  SELF-CARE  BECAUSE
OF A MENTAL OR PHYSICAL DISABILITY.
  20.  "FAMILY  MEMBER" MEANS A CHILD, SPOUSE, DOMESTIC PARTNER, PARENT,
GRANDCHILD, GRANDPARENT, OR MOTHER OR FATHER OF A DOMESTIC PARTNER.
  21. "PERSONS WHO STAND IN PARENTAL RELATIONSHIP TO  A  CHILD"  INCLUDE
THOSE WITH DAY-TO-DAY RESPONSIBILITIES TO CARE FOR AND PROVIDE FINANCIAL
SUPPORT OF A CHILD, OR, IN THE CASE OF AN EMPLOYEE, WHO HAD SUCH RESPON-
SIBILITY FOR THE EMPLOYEE WHEN THE EMPLOYEE WAS A CHILD. A BIOLOGICAL OR
LEGAL RELATIONSHIP SHALL NOT BE NECESSARY.
  22. "GRANDCHILD" MEANS THE CHILD OF A CHILD.
  23.  "HEALTH  CARE  PROVIDER"  MEANS A HEALTH CARE PRACTITIONER WHO IS
LICENSED UNDER THE RELEVANT FEDERAL OR STATE LAWS  TO  PROVIDE  MEDICAL,
EMERGENCY  OR  HEALTH  SERVICES, AND IS TREATING AN EMPLOYEE OR A FAMILY
MEMBER FOR A SERIOUS HEALTH CONDITION.
  S 3. Section 202 of the workers' compensation law is amended by adding
a new subdivision 1-a to read as follows:
  1-A. SOLELY FOR THE PURPOSES OF THE PROVISIONS OF THIS ARTICLE  RELAT-
ING  TO  THE  PROVISION  OF  BENEFITS, RIGHTS AND PRIVILEGES RELATING TO
FAMILY CARE LEAVE, "COVERED EMPLOYER" SHALL INCLUDE  THE  STATE  OR  ANY
POLITICAL  OR  CIVIL SUBDIVISION THEREOF, AND EMPLOYERS WITH TWENTY-FIVE
OR MORE EMPLOYEES.
  S 4. The workers' compensation  law  is  amended  by  adding  two  new
sections 203-a and 203-b to read as follows:
  S  203-A. RETALIATORY ACTION PROHIBITED.  1. THE PROVISIONS OF SECTION
ONE HUNDRED TWENTY OF THIS CHAPTER AND SECTION TWO HUNDRED FORTY-ONE  OF
THIS  ARTICLE  SHALL  BE APPLICABLE TO FAMILY CARE LEAVE AS IF FULLY SET
FORTH IN THIS SECTION.
  2. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  DIMINISH  THE  RIGHTS,
PRIVILEGES  OR  REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE BARGAINING
AGREEMENT OR EMPLOYMENT CONTRACT; EXCEPT  THAT  THE  INSTITUTION  OF  AN
ACTION  IN  ACCORDANCE WITH THIS SECTION SHALL BE DEEMED A WAIVER OF THE
RIGHTS AND REMEDIES AVAILABLE UNDER ANY  OTHER  CONTRACT  OR  COLLECTIVE
BARGAINING AGREEMENT.
  S 203-B. FAMILY CARE LEAVE. ANY ELIGIBLE EMPLOYEE OF A COVERED EMPLOY-
ER  WHO  TAKES FAMILY CARE LEAVE ON OR AFTER JANUARY FIRST, TWO THOUSAND
FIFTEEN UNDER THIS SECTION SHALL BE ENTITLED, ON RETURN FROM SUCH LEAVE,
TO BE RESTORED BY HIS OR HER EMPLOYER TO THE POSITION OF EMPLOYMENT HELD
BY THE EMPLOYEE WHEN THE LEAVE COMMENCED, OR TO BE RESTORED TO A  COMPA-
RABLE  POSITION WITH COMPARABLE EMPLOYMENT BENEFITS, PAY AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT. THE TAKING OF LEAVE  FOR  THE  PURPOSE  OF
FAMILY  CARE  SHALL  NOT  RESULT  IN  THE LOSS OF ANY EMPLOYMENT BENEFIT
ACCRUED PRIOR TO THE DATE ON WHICH THE LEAVE COMMENCED. NOTHING IN  THIS
SECTION  SHALL  BE  CONSTRUED  TO  ENTITLE  ANY RESTORED EMPLOYEE TO THE
ACCRUAL OF ANY SENIORITY OR EMPLOYMENT BENEFITS  DURING  ANY  PERIOD  OF
LEAVE,  OR  ANY  RIGHT,  BENEFIT OR POSITION TO WHICH THE EMPLOYEE WOULD
HAVE BEEN ENTITLED HAD THE EMPLOYEE NOT TAKEN SUCH LEAVE. A VIOLATION OF
THIS SECTION SHALL BE A VIOLATION OF SECTION ONE HUNDRED TWENTY OF  THIS

S. 6741                             3

CHAPTER,  AND  ALL  REMEDIES  AND  PENALTIES AVAILABLE UNDER SECTION ONE
HUNDRED TWENTY OF THIS CHAPTER SHALL BE AVAILABLE FOR VIOLATIONS OF THIS
SECTION AS IF FULLY SET FORTH IN THIS SECTION.
  S 5. Section 204 of the workers' compensation law is amended by adding
a new subdivision 3 to read as follows:
  3.  THE WEEKLY BENEFIT WHICH AN EMPLOYEE ON FAMILY CARE LEAVE IS ENTI-
TLED TO RECEIVE FOR DISABILITY COMMENCING ON OR AFTER JANUARY FIRST, TWO
THOUSAND FIFTEEN, BUT BEFORE JANUARY FIRST, TWO THOUSAND SIXTEEN,  SHALL
BE  FIFTY  PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE, BUT IN NO CASE
SHALL SUCH BENEFIT EXCEED THIRTY-FIVE PERCENT OF THE  STATEWIDE  AVERAGE
WEEKLY  WAGE  AS  DETERMINED  BY  THE DEPARTMENT PURSUANT TO SUBDIVISION
SIXTEEN OF SECTION TWO OF THIS CHAPTER.   THE WEEKLY BENEFIT  WHICH  THE
DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR DISABILITY COMMENCING ON OR
AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, BUT BEFORE JANUARY FIRST, TWO
THOUSAND  SEVENTEEN,  SHALL  BE  FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE
WEEKLY WAGE, BUT IN NO CASE SHALL SUCH BENEFIT EXCEED FORTY  PERCENT  OF
THE STATEWIDE AVERAGE WEEKLY WAGE AS DETERMINED BY THE DEPARTMENT PURSU-
ANT  TO  SUBDIVISION  SIXTEEN OF SECTION TWO OF THIS CHAPTER. THE WEEKLY
BENEFIT WHICH THE DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR DISABILI-
TY COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN SHALL BE
FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY  WAGE,  BUT  IN  NO  CASE
SHALL  SUCH BENEFIT EXCEED FIFTY PERCENT OF THE STATEWIDE AVERAGE WEEKLY
WAGE AS DETERMINED BY THE DEPARTMENT PURSUANT TO SUBDIVISION SIXTEEN  OF
SECTION TWO OF THIS CHAPTER.
  S  6.  Subdivisions  1,  2, 3, 4, and 8 of section 205 of the workers'
compensation law, subdivision 1 as amended by chapter 651 of the laws of
1958, subdivision 2 as amended by chapter 270 of the laws  of  1990  and
subdivisions  3, 4 and 8 as added by chapter 600 of the laws of 1949 and
as renumbered by chapter 352 of the laws of 1981, are amended and a  new
subdivision 9 is added to read as follows:
  1.  (A) For DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF
AN EMPLOYEE, FOR more than twenty-six weeks during a period of fifty-two
consecutive calendar weeks or during any one period of disability, OR
  (B) FOR FAMILY CARE, FOR MORE  THAN  SIX  WEEKS  DURING  A  PERIOD  OF
FIFTY-TWO  CONSECUTIVE CALENDAR WEEKS OR DURING ANY ONE PERIOD OF FAMILY
CARE;
  2. for any period of disability RESULTING FROM THE INJURY, SICKNESS OR
PREGNANCY OF AN EMPLOYEE during which an employee is not under the  care
of  a  duly  licensed  physician or with respect to disability resulting
from a condition of the foot which may lawfully be  treated  by  a  duly
registered  and  licensed  podiatrist  of  the state of New York or with
respect to a disability resulting from a condition which may lawfully be
treated by a duly registered and licensed chiropractor of the  state  of
New  York  or  with  respect  to a disability resulting from a condition
which may lawfully be treated by a duly licensed dentist of the state of
New York or with respect to a  disability  resulting  from  a  condition
which may lawfully be treated by a duly registered and licensed psychol-
ogist of the state of New York or with respect to a disability resulting
from a condition which may lawfully be treated by a duly certified nurse
midwife,  for  any period of such disability during which an employee is
neither under the care of a physician nor a podiatrist, nor a chiroprac-
tor, nor a dentist, nor a psychologist, nor a certified  nurse  midwife;
and for any period of disability during which an employee who adheres to
the  faith or teachings of any church or denomination and who in accord-
ance with its creed, tenets or principles depends for healing upon pray-
er through spiritual means alone in the practice  of  religion,  is  not

S. 6741                             4

under the care of a practitioner duly accredited by the church or denom-
ination,  and  provided such employee shall submit to all physical exam-
inations as required by this chapter[.];
  3. for any disability RESULTING FROM INJURY OR SICKNESS OF AN EMPLOYEE
occasioned by the wilful intention of the employee to bring about injury
to  or  the sickness of himself or another, or resulting from any injury
or sickness sustained in the perpetration by the employee of an  illegal
act;
  4.  for any day of disability during which the employee performed work
for remuneration or profit, BUT NOT INCLUDING ANY REMUNERATION  RECEIVED
FOR CARING FOR A FOSTER OR ADOPTED CHILD OR OTHER INDIVIDUAL RESIDING IN
THE EMPLOYEE'S PLACE OF RESIDENCE;
  8.  for any disability RESULTING FROM AN INJURY, SICKNESS OR PREGNANCY
OF THE EMPLOYEE commencing before the employee becomes eligible to bene-
fits hereunder [or commencing prior  to  July  first,  nineteen  hundred
fifty,  but  this  shall not preclude benefits for recurrence after July
first, nineteen hundred fifty, of a disability commencing  prior  there-
to.]; OR
  9. FOR ANY DAY OF ABSENCE FROM WORK REQUIRED PURSUANT TO ANY DISCIPLI-
NARY  PROCESS,  OR,  WITH  REGARD  TO  FAMILY  CARE BENEFITS, ANY DAY OF
ABSENCE FROM WORK RESULTING FOR INJURY, SICKNESS  OR  PREGNANCY  OF  THE
EMPLOYEE,  INCLUDING  ANY  LEAVE  TAKEN  UNDER  SECTION SEVENTY-THREE OR
SEVENTY-FIVE OF THE CIVIL SERVICE LAW.
  S 7. The workers' compensation law is amended by adding a new  section
205-a to read as follows:
  S  205-A. RELATIONSHIP BETWEEN DISABILITY BENEFITS FOR FAMILY CARE AND
FOR THE EMPLOYEE'S OWN INJURY, SICKNESS OR PREGNANCY.   THE  RECEIPT  OF
BENEFITS  FOR DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF
THE EMPLOYEE, SHALL NOT COUNT TOWARD ANY TIME LIMITATION UNDER  SUBDIVI-
SION  ONE  OF SECTION TWO HUNDRED FIVE OF THIS ARTICLE ON THE RECEIPT OF
BENEFITS FOR FAMILY CARE, AND THE RECEIPT OF BENEFITS  FOR  FAMILY  CARE
SHALL  NOT  COUNT  TOWARD  ANY  TIME LIMITATION UNDER SUBDIVISION ONE OF
SECTION TWO HUNDRED FIVE OF THIS ARTICLE ON THE RECEIPT OF BENEFITS  FOR
DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY TO THE EMPLOYEE,
EXCEPT  THAT  AN  EMPLOYEE  MAY  RECEIVE DISABILITY BENEFITS ON ONLY ONE
CLAIM AT ANY TIME.
  S 8. Subdivision 3 of section 209 of the workers' compensation law, as
amended by chapter 415 of the laws of 1983, is amended and a new  subdi-
vision 6 is added to read as follows:
  3.  The  contribution  of each such employee to the cost of disability
benefits provided by this article shall be one-half of one per centum of
the employee's wages paid to him  on  and  after  July  first,  nineteen
hundred fifty, but not in excess of sixty cents per week FOR THE COST OF
DISABILITY BENEFITS FOR INJURY, SICKNESS OR PREGNANCY OF THE EMPLOYEE.
  6. EFFECTIVE DURING THE TWO THOUSAND FIFTEEN CALENDAR YEAR FAMILY CARE
BENEFITS  SHALL  BE  PROVIDED AT NO COST TO AN ELIGIBLE EMPLOYEE THROUGH
THE STATE GENERAL FUND. THIS EXACT LEVEL OF FUNDING SHALL BE PROVIDED BY
THE STATE EACH CALENDAR YEAR FOR  FAMILY  CARE  BENEFITS.  DURING  EVERY
SUBSEQUENT  CALENDAR YEAR, THE CONTRIBUTION OF EACH SUCH EMPLOYEE TO THE
COST OF FAMILY CARE BENEFITS SHALL BE SET BY REGULATION  OF  THE  SUPER-
INTENDENT  OF  FINANCIAL SERVICES. EMPLOYERS SHALL NOT CONTRIBUTE TOWARD
THE COST OF FAMILY CARE BENEFITS.
  S 9. Section 211 of the workers' compensation law is amended by adding
two new subdivisions 7 and 8 to read as follows:
  7. SUCH FAMILY CARE BENEFITS AS ARE PROVIDED FOR IN THIS ARTICLE SHALL
BE IN ADDITION TO, AND SHALL NOT AMEND, REPEAL OR REPLACE, THE TERMS  OF

S. 6741                             5

ANY AGREEMENT THAT IS COLLECTIVELY NEGOTIATED BETWEEN AN EMPLOYER AND AN
EMPLOYEE  ORGANIZATION,  INCLUDING  AGREEMENT  OR  INTEREST  ARBITRATION
AWARDS MADE PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
  8.  NOTHING  IN THIS ARTICLE SHALL REQUIRE AN EMPLOYER TO USE THE SAME
CARRIER TO PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE UNDER THIS  ARTI-
CLE  FOR  DISABILITY  RESULTING FROM INJURY, SICKNESS TO OR PREGNANCY OF
THE EMPLOYEE AS IT USES TO PROVIDE BENEFITS REQUIRED BY  OR  PERMISSIBLE
UNDER  THIS  ARTICLE  FOR  FAMILY  CARE. AN EMPLOYER MAY USE A DIFFERENT
MEANS, AMONG THOSE SET FORTH IN SUBDIVISIONS ONE THROUGH  FIVE  OF  THIS
SECTION,  TO  PROVIDE  BENEFITS  REQUIRED BY THIS ARTICLE FOR DISABILITY
RESULTING FROM INJURY OR SICKNESS TO OR PREGNANCY OF THE EMPLOYEE,  FROM
THE  MEANS  USED TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE FOR FAMILY
CARE.
  S 10. The workers' compensation law is amended by adding a new section
211-a to read as follows:
  S 211-A. PUBLIC EMPLOYEES; EMPLOYEE OPTION. 1. FOR  PURPOSES  OF  THIS
SECTION:
  (A)  "PUBLIC  EMPLOYEE" MEANS ANY EMPLOYEE OF THE STATE, ANY POLITICAL
SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY, OR ANY OTHER  GOVERNMENTAL
AGENCY OR INSTRUMENTALITY.
  (B)  "PUBLIC  EMPLOYER"  MEANS THE STATE, ANY POLITICAL SUBDIVISION OF
THE STATE, A PUBLIC AUTHORITY,  OR  ANY  OTHER  GOVERNMENTAL  AGENCY  OR
INSTRUMENTALITY THEREOF.
  (C)  "EMPLOYEE  ORGANIZATION"  SHALL  HAVE  THE  MEANING  SET FORTH IN
SECTION TWO HUNDRED ONE OF THE CIVIL SERVICE LAW.
  2. PUBLIC EMPLOYERS SHALL PROVIDE BENEFITS FOR FAMILY CARE  TO  PUBLIC
EMPLOYEES  WHERE  AN  EMPLOYEE ORGANIZATION THAT REPRESENTS THOSE PUBLIC
EMPLOYEES ELECTS TO HAVE FAMILY CARE  BENEFITS  PROVIDED  IN  ACCORDANCE
WITH  THE  PROCEDURES  AND  TERMS SET FORTH IN SUBDIVISION THREE OF THIS
SECTION.
  3. AN EMPLOYEE ORGANIZATION MAY ELECT TO  HAVE  FAMILY  CARE  BENEFITS
PROVIDED ON BEHALF OF THE PUBLIC EMPLOYEES IT REPRESENTS:
  (A)  AT  ANY TIME UPON NINETY DAYS NOTICE TO ANY PUBLIC EMPLOYER WHICH
IS NOT PROVIDING DISABILITY BENEFITS FOR INJURY, SICKNESS  OR  PREGNANCY
OF  A  PUBLIC EMPLOYEE UNDER SECTION TWO HUNDRED TWELVE OF THIS ARTICLE,
OR WHICH IS SELF-INSURED FOR SUCH BENEFITS;
  (B) FOR ANY PUBLIC EMPLOYER WHICH IS PROVIDING DISABILITY BENEFITS FOR
INJURY, SICKNESS OR PREGNANCY OF A PUBLIC  EMPLOYEE  UNDER  SECTION  TWO
HUNDRED  TWELVE  OF THIS ARTICLE, UPON NOTICE AT LEAST NINETY DAYS PRIOR
TO THE EXPIRATION OF THE PUBLIC EMPLOYER'S  INSURANCE  POLICY  FOR  SUCH
BENEFITS,  WHICH  ELECTION  SHALL  BE EFFECTIVE ONLY FOR THE TIME PERIOD
COVERED BY ANY SUBSEQUENT POLICY OR RENEWAL; OR
  (C) AT ANY TIME AS IS MUTUALLY AGREED UPON BETWEEN THE EMPLOYEE ORGAN-
IZATION AND ANY PUBLIC  EMPLOYER.  AN  EMPLOYEE  ORGANIZATION  THAT  HAS
ELECTED TO HAVE THE FAMILY CARE BENEFIT PROVIDED MAY OPT OUT OF IT WITH-
IN  THE  TIME  PERIODS,  AND EFFECTIVE UPON THE SAME DATES, SET FORTH IN
THIS PARAGRAPH.
  4. IN THE ABSENCE OF ANY CONTRARY STATEMENT IN A COLLECTIVELY  NEGOTI-
ATED AGREEMENT UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, A PUBLIC
EMPLOYER  MAY  REQUIRE PUBLIC EMPLOYEES WHO OPT IN UNDER THIS SECTION TO
CONTRIBUTE THE FAMILY CARE COST AS SET FORTH IN SECTION TWO HUNDRED NINE
OF THIS ARTICLE.
  S 11. Subdivisions 1, 2, 3 and  4  of  section  217  of  the  workers'
compensation law, subdivision 1 as amended by chapter 167 of the laws of
1999,  subdivisions  2  and  3  as amended by chapter 270 of the laws of

S. 6741                             6

1990, and subdivision 4 as added by chapter 600 of the laws of 1949, are
amended to read as follows:
  1.  (A)  Written  notice and proof of disability shall be furnished to
the employer by or on behalf of the employee claiming  benefits  or,  in
the  case of a claimant under section two hundred seven of this article,
to the chair, within thirty days after commencement  of  the  period  of
disability.  Additional proof shall be furnished thereafter from time to
time as the employer or carrier or chair may require but not more  often
than once each week. Such proof shall include:
  (I) IN THE CASE OF DISABILITY RESULTING FROM INJURY, SICKNESS OR PREG-
NANCY  OF  THE  EMPLOYEE,  a  statement  of disability by the employee's
attending [physician or attending podiatrist or  attending  chiropractor
or  attending  dentist  or attending psychologist or attending certified
nurse midwife, or in the case of an employee who adheres to the faith or
teachings of any church or denomination, and who in accordance with  its
creed,  tenets  or  principles  depends  for healing upon prayer through
spiritual means alone in the practice  of  religion,  by  an  accredited
practitioner,  containing  facts  and  opinions as to such disability in
compliance with regulations of the chair.] HEALTH CARE PROVIDER; AND
  (II) IN THE CASE OF FAMILY CARE FOR BONDING WITH A NEW CHILD, A  BIRTH
CERTIFICATE,  CERTIFICATE OF ADOPTION, OR OTHER COMPETENT EVIDENCE SHOW-
ING THAT THE EMPLOYEE IS THE PARENT OF A CHILD WITHIN TWELVE  MONTHS  OF
THAT  CHILD'S  BIRTH  OR  PLACEMENT FOR ADOPTION OR FOSTER CARE WITH THE
EMPLOYEE.
  (B) Failure to furnish notice or proof within  the  time  and  in  the
manner  [above]  provided IN PARAGRAPH (A) OF THIS SUBDIVISION shall not
invalidate the claim but no benefits shall be required to  be  paid  for
any  period  more than two weeks prior to the date on which the required
proof is furnished unless it shall be shown to the satisfaction  of  the
chair  not  to  have  been reasonably possible to furnish such notice or
proof and that such notice or proof was furnished as soon  as  possible;
provided,  however,  that  no benefits shall be paid unless the required
proof of disability is furnished within twenty-six weeks after commence-
ment of the period of disability.   No limitation of  time  provided  in
this  section  shall  run as against any person who is mentally incompe-
tent, or physically incapable of providing such notice as a result of  a
serious  medical  condition,  or  a  minor so long as such person has no
guardian of the person and/or property.
  2. An employee claiming benefits FOR THE EMPLOYEE'S  INJURY,  SICKNESS
OR  PREGNANCY  shall,  as  requested  by the employer or carrier, submit
himself or herself at intervals, but not more  than  once  a  week,  for
examination  by a [physician or podiatrist or chiropractor or dentist or
psychologist or certified nurse midwife] RELEVANT HEALTH  CARE  PROVIDER
designated  by  the  employer or carrier. All such examinations shall be
without cost to the employee and shall be held at a reasonable time  and
place.
  3. The chair may direct the claimant WHO SEEKS DISABILITY BENEFITS FOR
HIS  OR  HER INJURY, SICKNESS OR PREGNANCY to submit to examination by a
[physician or podiatrist or chiropractor  or  dentist  or  psychologist]
RELEVANT  HEALTH  CARE  PROVIDER designated by him or her in any case in
which the claim to disability benefits is contested and in claims  aris-
ing  under section two hundred seven OF THIS ARTICLE, and in other cases
as the chair or board may require.
  4. Refusal of the claimant without good cause to submit  to  any  such
examination  shall disqualify [him] THE CLAIMANT from all benefits here-

S. 6741                             7

under for the period of such refusal,  except  as  to  benefits  already
paid.
  S  12.  Subdivision 2 of section 229 of the workers' compensation law,
as added by chapter 271 of the laws of  1985,  is  amended  to  read  as
follows:
  2.  (A) Whenever an employee of a covered employer who is eligible for
benefits under section two hundred four of this article shall be  absent
from  work due to a disability as defined in subdivision nine of section
two hundred one of this article for more than  seven  consecutive  days,
the  employer shall provide the employee with a written statement of the
employee's rights under this article in a form prescribed by [the chair-
man] CHAIR. The statement shall be provided to the employee within  five
business  days  after  the employee's seventh consecutive day of absence
due to disability or within five business days after the employer  knows
or  should know that the employee's absence is due to disability, which-
ever is later.
  (B) EACH COVERED EMPLOYER SHALL PROVIDE EACH EMPLOYEE WITH A TYPEWRIT-
TEN, PRINTED OR ELECTRONIC NOTICE IN A FORM  PRESCRIBED  BY  THE  CHAIR,
STATING  THAT  THE  EMPLOYER  HAS PROVIDED FOR THE PAYMENT OF DISABILITY
BENEFITS AS REQUIRED BY THIS ARTICLE WITHIN THIRTY DAYS OF THE EFFECTIVE
DATE OF THIS PARAGRAPH.  EACH COVERED EMPLOYER SHALL PROVIDE SUCH NOTICE
TO ALL NEW EMPLOYEES WITHIN THIRTY DAYS OF THEIR FIRST DAY OF WORK.
  S 13. Subdivision 2 of section 76 of the workers' compensation law, as
added by chapter 600 of the laws of 1949, is amended to read as follows:
  2. The purposes of the state insurance fund herein created are  hereby
enlarged to provide [for the] insurance [by the state insurance fund of]
FOR  the payment of the benefits required by section two hundred four of
this chapter, INCLUDING BENEFITS FOR FAMILY CARE PROVIDED EITHER IN  THE
SAME  POLICY  WITH  OR IN A SEPARATE POLICY FROM BENEFITS FOR DISABILITY
RESULTING FROM INJURY OR SICKNESS TO OR PREGNANCY OF AN EMPLOYEE, AND AS
PROVIDED PURSUANT TO SECTION TWO HUNDRED ELEVEN-A OF THIS  CHAPTER.    A
separate  fund  is hereby created within the state insurance fund, which
shall be known as  the  "disability  benefits  fund",  and  which  shall
consist  of  all premiums received and paid into said fund on account of
such insurance, all securities acquired by and through the use of moneys
belonging to said fund and of interest earned upon moneys  belonging  to
said fund and deposited or invested as herein provided.  Said disability
benefits  fund  shall be applicable to the payment of benefits, expenses
and assessments on account of insurance written pursuant to article nine
of this chapter.
  S 14. Paragraph 3 of subsection (a) of section 1113 of  the  insurance
law is amended to read as follows:
  (3) "Accident and health insurance," means (i) insurance against death
or  personal  injury  by  accident  or by any specified kind or kinds of
accident and insurance  against  sickness,  ailment  or  bodily  injury,
including  insurance  providing  disability benefits pursuant to article
nine of the workers' compensation law,  INCLUDING  ANY  INSURANCE  UNDER
SUCH  ARTICLE  FOR  FAMILY  CARE  BENEFITS,  AND/OR  DISABILITY BENEFITS
RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF AN EMPLOYEE ALL,  except
as  specified in item (ii) [hereof] OF THIS PARAGRAPH; and (ii) non-can-
cellable disability  insurance,  meaning  insurance  against  disability
resulting  from sickness, ailment or bodily injury (but excluding insur-
ance solely against accidental injury) under any contract which does not
give the insurer  the  option  to  cancel  or  otherwise  terminate  the
contract at or after one year from its effective date or renewal date.
  S 15. This act shall take effect immediately.

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