S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6865
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 13, 2021
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the workers' compensation law, in relation to paid fami-
   ly leave and bereavement for fetal death, miscarriage, stillbirth, and
   an infant being medically not viable to survive

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 15 of section 201 of the workers' compensation
 law, as added by section 2 of part SS of chapter 54 of the laws of 2016,
 is amended to read as follows:
   15. "Family leave" shall mean any leave  taken  by  an  employee  from
 work:    (a)  to  participate  in  providing care, including physical or
 psychological care, for a family member of the employee  made  necessary
 by  a serious 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; or (c) because of any  quali-
 fying exigency as interpreted under the family and medical leave act, 29
 U.S.C.S  §  2612(a)(1)(e) and 29 C.F.R. S.825.126(a)(1)-(8), arising out
 of the fact that the spouse, domestic partner, child, or parent  of  the
 employee is on active duty (or has been notified of an impending call or
 order  to  active duty) in the armed forces of the United States; OR (D)
 LEAVE TAKEN FOR THE PURPOSES OF BEREAVEMENT  DUE  TO  THE  FETAL  DEATH,
 MISCARRIAGE  OR  STILLBIRTH  OF  AN  INFANT  BORN TO THE EMPLOYEE OR THE
 EMPLOYEE'S SPOUSE, OR  DUE  TO  THE  EMPLOYEE'S  INFANT  BEING  DECLARED
 MEDICALLY  NOT  VIABLE  TO  SURVIVE  BIRTH BY A PHYSICIAN LICENSED UNDER
 ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW.
   § 2. Paragraph (b) of subdivision 2 of section  205  of  the  workers'
 compensation  law, as added by section 6 of part SS of chapter 54 of the
 laws of 2016, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10683-01-1
              

 A. 6865                             2
 
   (b) For any period of family leave  wherein  the  notice  and  medical
 certification,  FETAL  DEATH  CERTIFICATE,  CERTIFICATE  OF MISCARRIAGE,
 CERTIFICATE OF STILLBIRTH OR DEATH CERTIFICATE,  as  prescribed  by  the
 chair  has  not  been  filed.  At the discretion of the chair or chair's
 designee pursuant to section two hundred twenty-one of this article, the
 family  member who is the recipient of care may be required to submit to
 a physical examination by a qualified health care provider  UNLESS  SUCH
 FAMILY  MEMBER  IS  UNABLE  TO  BE  EXAMINED  DUE TO DEATH, FETAL DEATH,
 MISCARRIAGE OR STILLBIRTH. Such examination shall be  paid  for  by  the
 carrier; and
   § 3. Subdivision 5 of section 205 of the workers' compensation law, as
 added  by  section  6  of  part SS of chapter 54 of the laws of 2016, is
 amended to read as follows:
   5. In any case in which the necessity for family leave is  foreseeable
 based  on an expected birth or placement, the employee shall provide the
 employer with not less than thirty days notice before the date the leave
 is to begin, of the employee's intention to take family leave under this
 article, except that if the date of  the  birth  or  placement  requires
 leave to begin in less than thirty days, the employee shall provide such
 notice  as is practicable. In any case in which the necessity for family
 leave is foreseeable based on planned medical  treatment,  the  employee
 shall provide the employer with not less than thirty days notice, before
 the date the leave is to begin, of the employees intention to take fami-
 ly  leave  under  this article, except that if the date of the treatment
 requires leave to begin in less than thirty  days,  the  employee  shall
 provide  such notice as is practicable.  IN THE CASE OF FAMILY LEAVE DUE
 TO BEREAVEMENT, NOTICE SHALL BE PROVIDED AS SOON AS PRACTICABLE.
   § 4. Subdivision 1 of section 217 of the workers' compensation law, as
 amended by section 16 of part SS of chapter 54 of the laws of  2016,  is
 amended to read as follows:
   1.  Written notice and proof of disability or proof of need for family
 leave 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  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 family leave care recipient's health care provider, 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. IN THE EVENT THAT THE CLAIMANT IS ELIGIBLE FOR FAMILY  LEAVE  DUE
 TO  BEREAVEMENT,  A FETAL DEATH CERTIFICATE, CERTIFICATE OF MISCARRIAGE,
 CERTIFICATE OF STILLBIRTH, OR DEATH CERTIFICATE SHALL SERVE AS PROOF  OF
 NEED OF LEAVE. Failure to furnish notice or proof within the time and in
 the manner above provided 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

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 shall be paid unless the required proof of disability is furnished with-
 in  the period of actual disability or family leave that does not exceed
 the statutory maximum period permitted under section two hundred four of
 this  article.  No limitation of time provided in this section shall run
 as against any disabled employee who is mentally incompetent,  or  phys-
 ically  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.
   §  5. Subdivisions 3 and 4 of section 217 of the workers' compensation
 law, as amended by section 16 of part SS of chapter 54 of  the  laws  of
 2016, are amended to read as follows:
   3.  The  chair  or  chair's  designee, pursuant to section two hundred
 twenty-one of this article, may direct the claimant or family leave care
 recipient to submit to examination by a health care provider  designated
 by  him  or  her  in any case in which the claim to disability or family
 leave benefits is contested and in  claims  arising  under  section  two
 hundred  seven of this article, and in other cases as the chair or board
 may require. IN THE EVENT THAT THE FAMILY MEMBER  OR  THE  FAMILY  LEAVE
 CARE  RECIPIENT  IS  UNABLE  TO  BE  EXAMINED DUE TO DEATH, FETAL DEATH,
 MISCARRIAGE OR STILL BIRTH, THIS SECTION SHALL NOT APPLY.
   4. Refusal of the claimant or family leave care recipient without good
 cause to submit to any such examination shall disqualify the claimant or
 employee from all benefits hereunder for the  period  of  such  refusal,
 except  as to benefits already paid. IN THE EVENT THAT THE FAMILY MEMBER
 OR FAMILY LEAVE CARE RECIPIENT IS UNABLE TO BE EXAMINED  DUE  TO  DEATH,
 FETAL DEATH, MISCARRIAGE OR STILLBIRTH, THIS SECTION SHALL NOT APPLY.
   §  6.  This  act  shall take effect immediately and shall apply to all
 policies or contracts issued, renewed, modified, altered or  amended  on
 or after January 1, 2022.