S. 4074 2
A. UNDER 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 MEANING SET FORTH IN SECTION FOUR OF
THIS CHAPTER.
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 THE BIOLOGICAL, ADOPTIVE, OR FOSTER PARENT OF AN
EMPLOYEE OR INDIVIDUAL WHO STOOD IN LOCO PARENTIS TO AN EMPLOYEE WHEN
THE EMPLOYEE WAS A SON OR DAUGHTER.
20. "FAMILY MEMBER" MEANS A CHILD, SPOUSE, DOMESTIC PARTNER, PARENT,
GRANDCHILD, MOTHER-IN-LAW OR FATHER-IN-LAW.
21. PERSONS WHO ARE "IN LOCO PARENTIS" INCLUDE THOSE WITH DAY-TO-DAY
RESPONSIBILITIES TO CARE FOR AND FINANCIALLY SUPPORT A CHILD OR, IN THE
CASE OF AN EMPLOYEE, WHO HAD SUCH RESPONSIBILITY FOR THE EMPLOYEE WHEN
THE EMPLOYEE WAS A CHILD. A BIOLOGICAL OR LEGAL RELATIONSHIP IS NOT
NECESSARY.
22. "GRANDCHILD" MEANS THE CHILD OF A CHILD.
23. "HEALTH CARE PROVIDER" MEANS ANY PROVIDER TREATING AN EMPLOYEE'S
INJURY OR SICKNESS, OR A FAMILY MEMBER'S SERIOUS HEALTH CONDITION,
INCLUDING A PHYSICIAN, PODIATRIST, CHIROPRACTOR, DENTIST, PSYCHOLOGIST,
CERTIFIED NURSE MIDWIFE, OR IN THE CASE OF A FAMILY MEMBER 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 HEALTH
CONDITION IN COMPLIANCE WITH REGULATIONS OF THE CHAIR.
24. "FAMILY CARE COST" SHALL MEAN (A) PRIOR TO JULY FIRST, TWO THOU-
SAND ELEVEN, FORTY-FIVE CENTS PER WEEK; AND (B) DURING EVERY SUBSEQUENT
YEAR COMMENCING ON JULY FIRST, SUCH AMOUNT AS SHALL BE SET BY REGULATION
OF THE SUPERINTENDENT OF INSURANCE FOLLOWING CONSULTATION WITH THE FAMI-
LY CARE ADVISORY COUNCIL BY APRIL FIRST OF THE SAME YEAR BASED ON HIS OR
HER ACTUARIALLY SOUND ESTIMATION OF THE COST PER EMPLOYEE OF PROVIDING
FAMILY CARE BENEFITS, BUT IN NO EVENT MORE THAN ONE HUNDRED FIFTEEN
PERCENT OF HIS OR HER ESTIMATION OF THE COST PER EMPLOYEE OF PROVIDING
SEPARATE FAMILY CARE BENEFITS THROUGH THE STATE INSURANCE FUND.
S 4. Subdivision 1 of section 204 of the workers' compensation law, as
added by chapter 600 of the laws of 1949, is amended to read as follows:
1. Disability benefits shall be payable to an eligible employee for
disabilities commencing after June thirtieth, nineteen hundred fifty,
beginning with the eighth consecutive day of disability and thereafter
during the continuance of disability, subject to the limitations as to
maximum and minimum amounts and duration and other conditions and limi-
tations in this section and in sections two hundred five and two hundred
six OF THIS ARTICLE. Successive periods of disability caused by the
same or related injury or sickness OR REASON FOR FAMILY CARE shall be
deemed a single period of disability only if separated by less than
three months. FOR PURPOSES OF THIS SUBDIVISION, DAYS OF DISABILITY FOR
ANY FAMILY CARE SHALL COMMENCE AT THE START OF THE LEAVE PERIOD TAKEN BY
THE EMPLOYEE TO PROVIDE FAMILY CARE.
S 5. Subdivisions 1, 2, 3, 4, 7 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, 7 and 8 as added by chapter 600 of the laws of 1949
S. 4074 3
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. [For] (A) FOR DISABILITY RESULTING FROM INJURY OR SICKNESS 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 TWELVE 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 OR SICKNESS
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 condi-
tion 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 disa-
bility 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 psychologist 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
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;
7. for any disability due to any act of war, declared or undeclared,
if such act shall occur after June thirtieth, nineteen hundred fifty,
EXCEPT THAT NOTHING IN THIS SUBDIVISION SHALL BAR AN EMPLOYEE FROM
RECEIVING BENEFITS UNDER THIS ARTICLE FOR CARE OF A FAMILY MEMBER DISA-
BLED DUE TO AN ACT OF WAR;
8. for any disability RESULTING FROM AN INJURY OR SICKNESS TO THE
EMPLOYEE commencing before the employee becomes eligible to benefits
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 thereto.];
9. FOR ANY DAY OF ABSENCE FROM WORK REQUIRED PURSUANT TO ANY DISCIPLI-
NARY PROCESS; OR, IN REGARD TO FAMILY CARE BENEFITS, ANY DAY OF ABSENCE
FROM WORK RESULTING FROM INJURY OR SICKNESS TO THE EMPLOYEE, INCLUDING
ANY LEAVE TAKEN UNDER SECTION SEVENTY-ONE OR SEVENTY-THREE OF THE CIVIL
SERVICE LAW.
S. 4074 4
S 6. 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 SICKNESS OR ILLNESS. THE RECEIPT OF BENEFITS FOR
DISABILITY RESULTING FROM SICKNESS OR INJURY TO THE EMPLOYEE, INCLUDING
PREGNANCY AND CHILDBIRTH, SHALL NOT COUNT TOWARD ANY TIME LIMITATION
UNDER SUBDIVISION 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 BENE-
FITS FOR DISABILITY RESULTING FROM SICKNESS OR INJURY TO THE EMPLOYEE,
EXCEPT THAT AN EMPLOYEE MAY RECEIVE DISABILITY BENEFITS ON ONLY ONE
CLAIM AT ANY TIME.
S 7. Subdivision 3 of section 209 of the workers' compensation law, as
amended by chapter 415 of the laws of 1983, is amended 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 SICKNESS OR INJURY, PLUS THE FAMILY CARE COST,
AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION TWO HUNDRED ONE OF THIS
ARTICLE.
S 8. 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
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 SICKNESS OR INJURY AS IT USES TO
PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE UNDER THIS ARTICLE FOR FAMI-
LY 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 SICKNESS OR INJU-
RY, FROM THE MEANS USED TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE FOR
FAMILY CARE.
S 9. The workers' compensation law is amended by adding a new section
211-a to read as follows:
S 211-A. PUBLIC EMPLOYEES; EMPLOYEE OPT IN. 1. FOR PURPOSES OF THIS
SECTION, "PUBLIC EMPLOYEE" MEANS ANY EMPLOYEE OF THE STATE, ANY POLI-
TICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY OR ANY OTHER GOVERN-
MENTAL AGENCY OR INSTRUMENTALITY. "PUBLIC EMPLOYER" MEANS THE STATE, ANY
POLITICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY OR ANY OTHER
GOVERNMENTAL AGENCY OR INSTRUMENTALITY THEREOF. "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 EMPLOYEES
OPTS IN TO FAMILY CARE IN ACCORDANCE WITH THE PROCEDURES AND TERMS SET
FORTH IN SUBDIVISION THREE OF THIS SECTION.
3. AN EMPLOYEE ORGANIZATION MAY OPT IN TO THE FAMILY CARE BENEFIT ON
BEHALF OF THOSE EMPLOYEES IT REPRESENTS:
S. 4074 5
A. UPON NOTICE GIVEN TO THE PUBLIC EMPLOYER PRIOR TO APRIL FIRST, TWO
THOUSAND TEN, WHICH OPT IN SHALL BECOME EFFECTIVE ONLY ON JULY FIRST,
TWO THOUSAND TEN;
B. AT ANY TIME UPON NINETY DAYS NOTICE FOR ANY EMPLOYER WHO IS NOT
PROVIDING DISABILITY BENEFITS FOR SICKNESS AND INJURY UNDER SECTION TWO
HUNDRED TWELVE OF THIS ARTICLE, OR WHO IS SELF-INSURED FOR SUCH BENE-
FITS;
C. FOR ANY EMPLOYER WHO IS PROVIDING DISABILITY BENEFITS FOR SICKNESS
AND INJURY UNDER SECTION TWO HUNDRED TWELVE OF THIS ARTICLE, UPON NOTICE
AT LEAST NINETY DAYS PRIOR TO THE EXPIRATION OF THE EMPLOYER'S INSURANCE
POLICY FOR SUCH BENEFITS, WHICH OPT IN SHALL BE EFFECTIVE ONLY FOR THE
TIME PERIOD COVERED BY ANY SUBSEQUENT POLICY OR RENEWAL; OR
D. AT ANY TIME AS IS MUTUALLY AGREED UPON BETWEEN THE EMPLOYEE ORGAN-
IZATION AND ANY PUBLIC EMPLOYER.
AN EMPLOYEE ORGANIZATION THAT HAS OPTED IN TO THE FAMILY CARE BENEFIT
MAY OPT OUT OF IT WITHIN THE TIME PERIODS, AND EFFECTIVE UPON THE SAME
DATES, SET FORTH IN THIS PARAGRAPH. THE EMPLOYEE ORGANIZATION SHALL
PROVIDE NOTICE OF SUCH TO THE BOARD WITHIN SEVEN DAYS OF NOTICE TO THE
EMPLOYER.
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 UP TO THE FAMILY CARE COST, AS DEFINED IN SUBDIVISION TWEN-
TY-FOUR OF SECTION TWO HUNDRED ONE OF THIS ARTICLE, PER WEEK IN ACCORD-
ANCE WITH THE PROCEDURE SET FORTH IN SECTION TWO HUNDRED NINE OF THIS
ARTICLE.
S 10. Subdivision 1 of section 212 of the workers' compensation law,
as amended by chapter 740 of the laws of 1960, is amended to read as
follows:
1. Any employer not required by this article to provide for the
payment of disability benefits to his employees, or to any class or
classes thereof, may become a covered employer or bring within the
provisions of this article such employees or class or classes thereof by
voluntarily electing to provide for payment of [such] benefits FOR DISA-
BILITY RESULTING FROM SICKNESS OR INJURY, FOR FAMILY CARE, OR BOTH, in
one or more of the ways set forth in section two hundred eleven OF THIS
ARTICLE; but such election shall be subject to the approval of the
chairman, and if the employees are required to contribute to the cost of
such benefits the assent within thirty days before such approval is
granted, of more than one-half of such employees shall be evidenced to
the satisfaction of the chairman. On approval by the chairman of such
election to provide benefits, all the provisions of this article shall
become and continue applicable as if the employer were a covered employ-
er as defined in this article. The obligation to continue as a covered
employer with respect to employees for whom provision of benefits is not
required under this article, may be discontinued by such employer on
ninety days notice to the chairman in writing and to his employees,
after he has provided for payment of benefits for not less than one year
and with such provision for payment of obligations incurred on and prior
to the termination date as the chairman may approve. ANY ELECTION BY A
PUBLIC EMPLOYER TO PROVIDE FAMILY CARE BENEFITS MADE PRIOR TO JULY
FIRST, TWO THOUSAND TEN SHALL BE EFFECTIVE ON THAT DATE.
S 11. 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]
S. 4074 6
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 OF AN EMPLOYEE, AND AS PROVIDED PURSU-
ANT 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 secu-
rities 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 12. 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 1990
and subdivision 4 as added by chapter 600 of the laws of 1949, are
amended to read as follows:
1. 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 disa-
bility. 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) IN THE CASE OF DISABILITY RESULTING FROM SICKNESS OR INJURY TO THE
EMPLOYEE, a statement of disability by the employee's attending [physi-
cian 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;
(B) 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;
(C) IN THE CASE OF BENEFITS FOR CARE OF A FAMILY MEMBER WITH A SERIOUS
HEALTH CONDITION:
(I) A STATEMENT BY THE FAMILY MEMBER'S HEALTH CARE PROVIDER, CONTAIN-
ING FACTS AND OPINIONS AS TO SUCH HEALTH CONDITION IN COMPLIANCE WITH
REGULATIONS OF THE CHAIR; AND
(II) A STATEMENT SUBSCRIBED BY THE EMPLOYEE AND AFFIRMED BY HIM OR HER
AS TRUE UNDER PENALTIES OF PERJURY, OR OTHER EQUIVALENT DOCUMENTARY
PROOF, THAT THE EMPLOYEE IS A PRIMARY CARE GIVER FOR THE FAMILY MEMBER
DURING THE TIME OF DISABILITY.
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 shall be paid
S. 4074 7
unless the required proof of disability is furnished within twenty-six
weeks after commencement of the period of disability. No limitation of
time provided in this section shall run as against any person who is
mentally incompetent, 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 HIS OR HER SICKNESS OR INJURY, OR
THE FAMILY MEMBER OF SUCH EMPLOYEE IN ANY CASE WHERE THE EMPLOYEE CLAIMS
FAMILY CARE BENEFITS FOR PROVIDING CARE TO THAT FAMILY MEMBER 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 [physi-
cian or podiatrist or chiropractor or dentist or psychologist or certi-
fied nurse midwife] RELEVANT HEALTH CARE PROVIDER designated by the
employer or carrier. All such examinations shall be without cost to the
employee OR FAMILY MEMBER 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 SICKNESS OR INJURY, OR THE CLAIMANT'S FAMILY MEMBER WHERE THE
CLAIMANT SEEKS DISABILITY BENEFITS FOR FAMILY LEAVE TO PROVIDE CARE TO
THAT FAMILY MEMBER to submit to examination by a [physician or podia-
trist 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 arising under section two
hundred seven OF THIS ARTICLE, and in other cases as the chair or board
may require.
4. Refusal of the claimant OR FAMILY MEMBER without good cause to
submit to any such examination shall disqualify [him] THE CLAIMANT from
all benefits hereunder for the period of such refusal, except as to
benefits already paid.
S 13. The opening paragraph of section 221 of the workers' compen-
sation law, as separately amended by chapters 425 and 500 of the laws of
1985, is amended to read as follows:
Within twenty-six weeks of written notice of rejection of claim, the
employee may file with the chairman a notice that his or her claim for
disability benefits has not been paid, and the employee shall submit
proof of disability and of his or her employment, wages and other facts
reasonably necessary for determination of the employee's right to such
benefits. Failure to file such notice within the time provided, may be
excused by the chairman if it can be shown to the satisfaction of the
chairman not to have been reasonably possible to furnish such notice and
that such notice was furnished as soon as possible. On demand of the
chairman the employer or carrier shall forthwith deliver to the chairman
PROOF OF DISABILITY, INCLUDING IF RELEVANT the original or a true copy
of the attending physician's or attending podiatrist's or accredited
practitioner's statement, wage and employment data and all other papers
in the possession of the employer or carrier with respect to such claim.
S 14. 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. 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. The statement shall be provided to the employee within five busi-
S. 4074 8
ness 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, whichever
is later. EACH COVERED EMPLOYER SHALL PROVIDE EACH EMPLOYEE WITH A TYPE-
WRITTEN, 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 THE CHAPTER OF THE LAWS OF TWO THOUSAND NINE WHICH AMENDED THIS
SUBDIVISION. EACH COVERED EMPLOYER SHALL PROVIDE SUCH NOTICE TO ALL NEW
EMPLOYEES WITHIN THIRTY DAYS OF THEIR FIRST DAY OF WORK.
S 15. The workers' compensation law is amended by adding a new section
239-a to read as follows:
S 239-A. FAMILY CARE STUDY AND MONITORING. 1. THE INSURANCE DEPART-
MENT SHALL STUDY, AND REPORT TO THE GOVERNOR AND BOTH HOUSES OF THE
LEGISLATURE BY APRIL FIRST, TWO THOUSAND TEN, ON THE FEASIBILITY AND
IMPACT OF COMMUNITY RATING DISABILITY INSURANCE OR ANY ASPECT THEREOF.
2. THERE SHALL BE CREATED THE FAMILY CARE ADVISORY COUNCIL, WHICH
SHALL CONSIST OF FIFTEEN MEMBERS TO BE APPOINTED BY THE GOVERNOR AS
FOLLOWS: TWO ON RECOMMENDATION BY THE NEW YORK STATE AMERICAN FEDERATION
OF LABOR-CONGRESS OF INDUSTRIAL ORGANIZATIONS, ONE OF WHOM SHALL BE
REPRESENTATIVE OF PUBLIC EMPLOYEE ORGANIZATIONS CERTIFIED UNDER ARTICLE
FOURTEEN OF THE CIVIL SERVICE LAW, PARTICIPATING IN THE PAID FAMILY CARE
PLAN, ONE OF WHOM IS REPRESENTATIVE OF UNIONS REPRESENTING WORKERS
EMPLOYED IN THE PRIVATE SECTOR; TWO WHO ARE REPRESENTATIVES OF ORGANIZA-
TIONS THAT REPRESENT EITHER COVERED BUSINESS OR PUBLIC EMPLOYERS IN NEW
YORK STATE PARTICIPATING IN THE PAID FAMILY LEAVE PLAN; TWO ON NOMI-
NATION OF THE SPEAKER OF THE ASSEMBLY; ONE ON NOMINATION BY THE MINORITY
LEADER OF THE ASSEMBLY; TWO ON NOMINATION BY THE TEMPORARY PRESIDENT OF
THE SENATE; ONE ON NOMINATION BY THE MINORITY LEADER OF THE SENATE; AND
THE SUPERINTENDENT OF INSURANCE, COMMISSIONER OF LABOR AND CHAIR OF THE
WORKERS' COMPENSATION BOARD, WHO SHALL SERVE AS MEMBERS EX OFFICIO. THE
COMMISSIONER OF LABOR SHALL SERVE AS CHAIR OF THE COUNCIL. THE SUPER-
INTENDENT OF INSURANCE AND CHAIR OF THE WORKERS' COMPENSATION BOARD
SHALL CONSULT REGULARLY WITH THE COUNCIL ON THE IMPLEMENTATION OF THE
FAMILY CARE BENEFIT. THE DEPARTMENT OF LABOR, THE INSURANCE DEPARTMENT
AND THE WORKERS' COMPENSATION BOARD SHALL PROVIDE ALL NECESSARY PERSON-
NEL AND LOGISTICAL SUPPORT AS MAY BE NECESSARY TO COMPLETE THE DUTIES OF
THE ADVISORY COUNCIL. THE COUNCIL OR ANY OF ITS MEMBERS MAY ISSUE SUCH
RECOMMENDATIONS OR REPORTS AS THEY DEEM WARRANTED ON THE FAMILY CARE
BENEFIT, INCLUDING ON THE SCOPE OF THE BENEFIT, PROBLEMS WITH THE BENE-
FIT; FUNDING OF THE BENEFIT INCLUDING PASS-THROUGH COSTS; POSSIBLE
STATUTORY AMENDMENTS AND REGULATORY CHANGES; USAGE RATES; OUTREACH; AND
COMMUNITY RATING. ANY SUCH RECOMMENDATIONS OR REPORTS SHALL BE PROVIDED
TO THE GOVERNOR, SUPERINTENDENT OF INSURANCE, SPEAKER OF THE ASSEMBLY,
TEMPORARY PRESIDENT OF THE SENATE AND MINORITY LEADERS OF THE SENATE AND
ASSEMBLY. EACH MEMBER OF THE COMMISSION SHALL SERVE A TERM OF THREE
YEARS. AN APPOINTMENT TO FILL A VACANCY SHALL BE MADE FOR THE REMAINDER
OF THE AFFECTED TERM. MEMBERS SHALL RECEIVE NO COMPENSATION.
S 16. Paragraph 3 of subsection (a) of section 1113 of the insurance
law is amended 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
THAT ARTICLE FOR FAMILY CARE BENEFITS, DISABILITY BENEFITS RESULTING
S. 4074 9
FROM SICKNESS OR INJURY, OR BOTH, except as specified in item (ii) here-
of; and (ii) non-cancellable disability insurance, meaning insurance
against disability resulting from sickness, ailment or bodily injury
(but excluding insurance solely against accidental injury) under any
contract which does not give the insurer the option to cancel or other-
wise terminate the contract at or after one year from its effective date
or renewal date.
S 17. This act shall take effect immediately; provided, however, that:
(a) Sections one, two, three, four, five, six, seven, eight, nine,
ten, twelve, thirteen, fourteen and sixteen of this act shall take
effect on July 1, 2010.
(b) Paragraph a of subdivision 3 of section 211-a of the workers'
compensation law, as added by section nine of this act allowing public
employees to opt in to family care benefits prior to July 1, 2010 and
paragraph (b) of subdivision 1 of section 212 of the workers' compen-
sation law as added by section ten of this act allowing public employers
to opt in to family care benefits prior to July 1, 2010, shall take
effect immediately.
(c) Effective immediately, the addition, amendment and/or repeal of
any rules or regulations necessary for the implementation of this act
and any administrative steps necessary to effectuate the purposes of
this act on its effective date are authorized and directed to be made
and completed on or before such effective date.