senate Bill S4742B

2013-2014 Legislative Session

Provides benefits for injury, sickness, pregnancy or family leave

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 20, 2014 print number 4742b
amend and recommit to labor
Jan 30, 2014 print number 4742a
amend and recommit to labor
Jan 08, 2014 referred to labor
Apr 19, 2013 referred to labor

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

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S4742 - Bill Details

See Assembly Version of this Bill:
A1793B
Current Committee:
Law Section:
Workers' Compensation Law
Laws Affected:
Amd Work Comp L, generally; amd §1113, Ins L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S7547, A3765, A6289
2009-2010: A8742, A1743

S4742 - Bill Texts

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Provides workers' compensation benefits for injury or sickness, pregnancy or family leave; applies to an employee and to family members taking family leave to care for an employee.

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BILL NUMBER:S4742

TITLE OF BILL: An act to amend the workers' compensation law and the
insurance law, in relation to providing benefits for injury or
sickness, pregnancy or family leave

PURPOSE:

To amend the workers' compensation law to provide benefits for paid
family leave.

SUMMARY OF PROVISIONS:

Section 1: amends the workers' compensation law defining disability

Section 2: amends subdivision 14 of the workers compensation law
defining a "day of disability"

Section 3: amends section 201 of the worker's compensation law
defining "family care", "child", "domestic partner", "serious health
condition", "parent", "family member", "in loco parentis",
"grandchild", "health care provider", and "family care cost".

Section 6: adds section 203-a to the workers' compensation law
regarding prohibition of retaliatory action

Section 7: adds section 203-b to the workers' compensation law
regarding eligibility for family care leave

Section 8: amends subdivision 1 of section 204 of the workers'
compensation law and adds a new subdivision 3 regarding payment of
benefits

Section 9: amends and adds a new section 9 to section 205 of the
workers' compensation law regarding family leave benefit eligibility

Section 10: adds a new section 205-a to the workers' compensation law
regarding receipt of benefits and limitations

Section 11: amends subdivision 3 of section 209 of the workers'
compensation law regarding employee contribution to the cost of
disability benefits

Section 12: adds two new subdivisions 7 and 8 to section 211 of the
workers' compensation law regarding benefits from this law being in
addition to the terms of any agreements that is collectively
negotiated between an employee and employers

Section 13: adds a new section 211-a to the workers compensation law
regarding public employees and family leave benefits

Section 14: subdivisions 1 and 2 of section 212 of the workers'
compensation law are amended regarding employer obligation of
provision of family care benefits.


Section 15: amends subdivisions 1, 2, 3 and 4 of section 217 of the
workers' compensation law regarding provision of proof of disability
by employee

Section 16: amends section 221 of the workers' compensation law
regarding denial of rights to paid family leave benefits

Section 17: amends subdivision 2 of section 229 of the workers'
compensation law regarding employer obligation to provide information
about family leave benefits

Section 18: amends the workers' compensation law adding a new section
239-a regarding a study by the department of insurance, governor, and
both houses of the legislature and community rating disability
insurance

Section 19: amends paragraph 3 of subsection (a) of section 1113 of
the insurance law defining "accident and health insurance"

Section 20: is the effective date

JUSTIFICATION:

Although the Federal Family and Medical Leave Act guarantees 12 weeks
of unpaid leave to many workers to care for a sick relative or bond
with a new child, most people can't afford to take unpaid time from
work. Paid family leave benefits would allow all workers to remain in
the workforce and still receive some income while taking leave to care
for their family.

The need for such leave grows more acute by the day people are living
longer and requiring care in their later years while assisted-living
and nursing home options are growing fewer and more expensive.
Unanticipated medical emergencies can drive families into desperate
financial situations medical bills mount while people are out of work
caring for their relatives despite the lack of income. Allowing people
to receive some income during a brief leave form work can help prevent
such financial disaster.

Further, allowing new parents time from work to bond with a newly born
or adopted child is a great positive for the entire family in general
and a child's development specifically.

LEGISLATIVE HISTORY:

2012: S. 7547 - Referred to Labor.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

§ 20. This act shall take effect immediately; provided, however, that:


(a) Sections two, three, four, five, sir, seven, eight, nine, ten,
eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen and
nineteen of this act shall take effect January 1, 2013.

(b) Paragraph a of subdivision 3 of section 211-a of the workers'
compensation law, as added by section thirteen of this act allowing
public employees to opt in to family care benefits prior to July 1,
2013 and subdivision 1 of section 212 of the workers' compensation law
as amended by section fourteen of this act allowing public employers
to opt in to family care benefits prior to July 1, 2013, shall take
effect 13 immediately.

(c) Effective immediately, the addition, amendment and/or repeal of
any rules or regulations necessary for the implementation of this act
on its effective date are authorized and directed to be made and
completed on or before such effective date.

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

                                  4742

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 19, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- 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  providing  benefits for injury or sickness, pregnancy or
  family leave

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

  Section  1.   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,  SICKNESS  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  2.  The  section  heading  and  the first undesignated paragraph of
section 120 of the workers' compensation law, as amended by  chapter  61
of the laws of 1989, are amended to read as follows:
  Discrimination  against employees [who bring proceedings]. It shall be
unlawful for any employer  or  his  or  her  duly  authorized  agent  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00122-01-3

S. 4742                             2

discharge  or in any other manner discriminate against an employee as to
his or her employment because such employee has claimed or attempted  to
claim  compensation from such employer, OR CLAIMED OR ATTEMPTED TO CLAIM
ANY  BENEFITS  PROVIDED  UNDER  THIS  CHAPTER,  or because he or she has
testified or is about to testify in a proceeding under this chapter  and
no other valid reason is shown to exist for such action by the employer.
  S  3. Subdivision 9 of section 201 of the workers' compensation law is
amended by adding two new paragraphs C and D to read as follows:
  C. "DISABILITY" ALSO INCLUDES FAMILY CARE, AS DEFINED  IN  SUBDIVISION
FIFTEEN OF THIS SECTION.
  D.  UNLESS OTHERWISE SET FORTH IN THIS ARTICLE, ALL PROVISIONS OF THIS
ARTICLE APPLICABLE TO "DISABILITY" SHALL APPLY TO (I) DISABILITY ARISING
FROM INJURY OR SICKNESS; (II) DISABILITY CAUSED BY OR IN CONNECTION WITH
PREGNANCY; AND (III) DISABILITY REQUIRING FAMILY CARE.
  S 4. 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 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.
  S 5. Section 201 of the workers' compensation law is amended by adding
ten  new  subdivisions 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 to read
as follows:
  15. "FAMILY CARE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOYEE FROM 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 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  BIOLOGICAL  OR  ADOPTIVE  PARENT,  STEP-PARENT  OR
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, MOTHER OR FATHER OF SPOUSE OR DOMESTIC PARTNER.
  21. PERSONS WHO STAND IN PARENTAL  RELATIONSHIP  TO  A  CHILD  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  RESPONSI-

S. 4742                             3

BILITY  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 A HEALTH CARE PRACTITIONER WHO IS
LICENSED UNDER RELEVANT FEDERAL OR STATE LAWS TO PROVIDE MEDICAL,  EMER-
GENCY  OR HEALTH SERVICES AND IS TREATING AN EMPLOYEE OR A FAMILY MEMBER
FOR A SERIOUS HEALTH CONDITION.
  24. "FAMILY CARE COST" SHALL MEAN:
  A. PRIOR TO JULY FIRST, TWO THOUSAND  FIFTEEN,  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  FINANCIAL
SERVICES FOLLOWING CONSULTATION WITH THE FAMILY CARE ADVISORY COUNCIL BY
APRIL  FIRST  OF THE SAME YEAR BASED ON THE SUPERINTENDENT'S ACTUARIALLY
SOUND ESTIMATION OF THE COST PER EMPLOYEE OF PROVIDING FAMILY CARE BENE-
FITS, BUT IN NO EVENT MORE THAN ONE  HUNDRED  FIFTEEN  PERCENT  OF  SUCH
ESTIMATION  OF  THE  COST PER EMPLOYEE OF PROVIDING FAMILY CARE BENEFITS
THROUGH THE STATE INSURANCE FUND.
  S 6. The workers' compensation law is amended by adding a new  section
203-a 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 FULLY AS IF 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 7. The workers' compensation law is amended by adding a new  section
203-b to read as follows:
  S 203-B. FAMILY CARE LEAVE. ANY ELIGIBLE EMPLOYEE OF A COVERED EMPLOY-
ER  WHO,  AFTER  JANUARY FIRST, TWO THOUSAND FOURTEEN, HAS IN EMPLOYMENT
TWENTY-FIVE OR MORE EMPLOYEES ON EACH OF AT LEAST  THIRTY  DAYS  IN  ANY
CALENDAR  YEAR  WHO TAKES LEAVE UNDER THIS SECTION SHALL BE ENTITLED, ON
RETURN FROM SUCH LEAVE, TO BE RESTORED BY THE EMPLOYER TO  THE  POSITION
OF  EMPLOYMENT  HELD  BY THE EMPLOYEE WHEN THE LEAVE COMMENCED, OR TO BE
RESTORED TO A COMPARABLE 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  THE
LEAVE.   A VIOLATION OF THIS SECTION SHALL BE A VIOLATION OF SECTION ONE
HUNDRED TWENTY OF THIS CHAPTER AND ALL REMEDIES AND PENALTIES  AVAILABLE
UNDER  SECTION ONE HUNDRED TWENTY OF THIS CHAPTER SHALL BE AVAILABLE FOR
VIOLATIONS OF THIS SECTION AS FULLY AS IF SET FORTH IN THIS SECTION.
  S 8. Subdivision 1 of section 204 of the workers' compensation law, as
added by chapter 600 of the laws of 1949, is amended and a new  subdivi-
sion 3 is added 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

S. 4742                             4

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.
  3. THE WEEKLY BENEFIT WHICH  THE  DISABLED  EMPLOYEE  IS  ENTITLED  TO
RECEIVE  FOR  DISABILITY COMMENCING ON OR AFTER JANUARY FIRST, TWO THOU-
SAND FOURTEEN 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 STATE  DEPARTMENT
OF LABOR 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 APRIL FIRST, TWO THOUSAND  FIFTEEN
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 STATE DEPARTMENT OF LABOR 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 APRIL FIRST, TWO THOUSAND SIXTEEN SHALL BE  FIFTY
PERCENT  OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT IN NO CASE SHALL SUCH
BENEFIT EXCEED FORTY-FIVE PERCENT OF THE STATEWIDE AVERAGE  WEEKLY  WAGE
AS  DETERMINED  BY THE STATE DEPARTMENT OF LABOR 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  APRIL  FIRST,  TWO  THOUSAND  SEVENTEEN AND SUBSEQUENTLY 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 STATE DEPARTMENT OF LABOR PURSUANT TO SUBDIVISION
SIXTEEN OF SECTION TWO OF THIS CHAPTER.
  S 9. 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
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 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, 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

S. 4742                             5

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, 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.];
  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, SICKNESS OR PREGNANCY OF THE EMPLOYEE,
INCLUDING ANY LEAVE TAKEN UNDER SECTION SEVENTY-ONE OR SEVENTY-THREE  OF
THE CIVIL SERVICE LAW.
  S 10. 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 11. 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 INJURY, SICKNESS OR PREGNANCY  OF  THE  EMPLOYEE

S. 4742                             6

PLUS  THE  FAMILY  CARE  COST,  AS DEFINED IN SUBDIVISION TWENTY-FOUR OF
SECTION TWO HUNDRED ONE OF THIS ARTICLE.
  S  12.  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 INJURY, SICKNESS 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, SICKNESS OR PREGNANCY OF THE EMPLOYEE, FROM THE MEANS USED
TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE FOR FAMILY CARE.
  S 13. 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:
  A. UPON NOTICE GIVEN PRIOR TO  APRIL  FIRST,  TWO  THOUSAND  FOURTEEN,
WHICH  OPT  IN  SHALL  BECOME EFFECTIVE ONLY ON JULY FIRST, TWO THOUSAND
FOURTEEN;
  B. AT ANY TIME UPON NINETY DAYS NOTICE FOR ANY  EMPLOYER  WHO  IS  NOT
PROVIDING  DISABILITY  BENEFITS  FOR INJURY, SICKNESS OR PREGNANCY OF AN
EMPLOYEE UNDER SECTION TWO HUNDRED TWELVE OF THIS  ARTICLE,  OR  WHO  IS
SELF-INSURED FOR SUCH BENEFITS;
  C.  FOR  ANY EMPLOYER WHO IS PROVIDING DISABILITY BENEFITS FOR INJURY,
SICKNESS OR PREGNANCY OF AN EMPLOYEE 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.
  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-

S. 4742                             7

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 14. Subdivisions 1 and 2 of section 212 of the workers' compensation
law,  subdivision  1  as  amended by chapter 740 of the laws of 1960 and
subdivision 2 as amended by chapter 120 of the laws of 1969, are 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  INJURY, SICKNESS OR PREGNANCY OF AN EMPLOYEE OR
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] CHAIR, and  if  the  employees
are required to contribute to the cost of such benefits the assent with-
in thirty days before such approval is granted, of more than one-half of
such  employees shall be evidenced to the satisfaction of the [chairman]
CHAIR.  On approval by the [chairman] CHAIR of such election to  provide
benefits,  all  the provisions of this article shall become and continue
applicable as if the employer were a covered employer 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]  CHAIR  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] CHAIR may approve.  ANY ELECTION BY A
PUBLIC EMPLOYER TO PROVIDE FAMILY  CARE  BENEFITS  MADE  PRIOR  TO  JULY
FIRST, TWO THOUSAND FOURTEEN SHALL BE EFFECTIVE ON THAT DATE.
  2.  Notwithstanding  the  definition of "employer" and "employment" in
section two hundred one of this article, THE STATE, a public  authority,
a  municipal  corporation or a fire district or other political subdivi-
sion may become a covered employer under this article by complying  with
the  provisions  of  subdivision one of this section and may discontinue
such status only as provided in [that] SUCH subdivision.
  S 15. 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 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

S. 4742                             8

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
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 THE EMPLOYEE'S  INJURY,  SICKNESS
OR  PREGNANCY,  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 [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 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  INJURY,  SICKNESS  OR  PREGNANCY, 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 [physi-
cian  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 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 16.  Section 221 of the workers'  compensation  law,  as  separately
amended  by chapters 425 and 500 of the laws of 1985, is amended to read
as follows:

S. 4742                             9

  S 221. Determination of  contested  claims  for  disability  benefits.
Within  twenty-six weeks of written notice of rejection of claim, DENIAL
OF RIGHTS UNDER SECTION TWO HUNDRED THREE-A OR TWO  HUNDRED  THREE-B  OF
THIS  ARTICLE,  the employee may file with the [chairman] CHAIR a notice
that  his  or her claim for disability benefits has not been paid, [and]
OR THAT THE EMPLOYEE HAS BEEN DENIED RIGHTS GUARANTEED  BY  SECTION  TWO
HUNDRED  THREE-A  OR  TWO  HUNDRED  THREE-B OF THIS ARTICLE. IN CASES OF
DENIAL OF BENEFITS, the employee shall submit  proof  of  disability  OR
ELIGIBILITY  FOR  FAMILY  CARE  and  of his or her employment, wages and
other facts reasonably necessary for  determination  of  the  employee's
right  to  such  benefits OR PROOF OF DENIAL OF RIGHTS UNDER SECTION TWO
HUNDRED  THREE-A  OR  TWO  HUNDRED  THREE-B  OF  THIS  ARTICLE   OR   OF
RETALIATION.   Failure to file such notice within the time provided, may
be excused by the [chairman] CHAIR if it can be shown to  the  satisfac-
tion  of  the  [chairman]  CHAIR not to have been reasonably possible to
furnish such notice and that such notice was furnished as soon as possi-
ble.  On demand of the [chairman] CHAIR the employer  or  carrier  shall
forthwith deliver to the [chairman] CHAIR 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 OR COMPLAINT.
  The board shall have full power and authority to determine all  issues
in  relation  to every such claim for disability OR FAMILY CARE benefits
required or provided under this article, OR WITH RESPECT  TO  DENIAL  OF
RIGHTS  UNDER SECTION TWO HUNDRED THREE-A OR TWO HUNDRED THREE-B OF THIS
ARTICLE OR INCLUDING ORDERING PAYMENT OF  BENEFITS,  DAMAGES  AND  REIN-
STATEMENT  and  shall  file its decision in the office of the [chairman]
CHAIR.  Upon such filing, the [chairman] CHAIR shall send to the parties
a copy of the decision. Either party may present evidence and be repres-
ented by counsel at any hearing on such claim.    The  decision  of  the
board shall be final as to all questions of fact and, except as provided
in  section  twenty-three  of  this chapter, as to all questions of law.
Every decision of the board shall be complied with  in  accordance  with
its  terms  within ten days thereafter except in case of appeal, and any
payments due under such decision shall draw simple interest from  thirty
days after the making thereof at the rate provided in section five thou-
sand four of the civil practice law and rules.
  S  17.  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] 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. EACH COVERED EMPLOYER SHALL PROVIDE EACH EMPLOYEE WITH  A
TYPEWRITTEN,  PRINTED  OR  ELECTRONIC NOTICE IN A FORM PRESCRIBED BY THE
CHAIR, STATING THAT THE EMPLOYER HAS PROVIDED FOR THE PAYMENT  OF  DISA-
BILITY  BENEFITS  AS  REQUIRED BY THIS ARTICLE WITHIN THIRTY DAYS OF THE
EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH

S. 4742                            10

AMENDED THIS SUBDIVISION.   EACH COVERED  EMPLOYER  SHALL  PROVIDE  SUCH
NOTICE  TO  ALL  NEW  EMPLOYEES WITHIN THIRTY DAYS OF THEIR FIRST DAY OF
WORK.
  S 18. 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 DEPARTMENT OF
FINANCIAL SERVICES SHALL STUDY, AND REPORT  TO  THE  GOVERNOR  AND  BOTH
HOUSES  OF THE LEGISLATURE BY APRIL FIRST, TWO THOUSAND FOURTEEN, 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  FINANCIAL  SERVICES, 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 SUPERINTENDENT OF FINANCIAL  SERVICES  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
DEPARTMENT  OF  FINANCIAL  SERVICES  AND THE WORKERS' COMPENSATION BOARD
SHALL PROVIDE ALL NECESSARY PERSONNEL 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 BENEFIT; FUNDING OF THE  BENEFIT    INCLUDING
PASS-THROUGH  COSTS; POSSIBLE STATUTORY AMENDMENTS AND REGULATORY CHANG-
ES; USAGE RATES; OUTREACH; AND COMMUNITY RATING.  ANY  SUCH  RECOMMENDA-
TIONS  OR  REPORTS  SHALL BE PROVIDED TO THE GOVERNOR, SUPERINTENDENT OF
FINANCIAL SERVICES, 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  19.  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
THAT ARTICLE FOR FAMILY CARE  BENEFITS,  DISABILITY  BENEFITS  RESULTING
FROM  INJURY,  SICKNESS  OR  PREGNANCY OF AN EMPLOYEE, OR ALL, except as
specified in item (ii) [hereof] OF THIS PARAGRAPH; and (ii) non-cancell-
able disability insurance, meaning insurance against disability  result-
ing  from  sickness,  ailment  or bodily injury (but excluding insurance
solely against accidental injury) under any contract which does not give

S. 4742                            11

the insurer the option to cancel or otherwise terminate the contract  at
or after one year from its effective date or renewal date.
  S 20. This act shall take effect immediately; provided, however, that:
  (a)  Sections  two,  three,  four, five, six, seven, eight, nine, ten,
eleven, twelve, thirteen,  fourteen,  fifteen,  sixteen,  seventeen  and
nineteen of this act shall take effect January 1, 2013.
  (b)  Paragraph  a  of  subdivision  3 of section 211-a of the workers'
compensation law, as added by section  thirteen  of  this  act  allowing
public employees to opt in to family care benefits prior to July 1, 2013
and  subdivision  1  of  section 212 of the workers' compensation law as
amended by section fourteen of this act allowing public employers to opt
in to family care benefits prior to July  1,  2013,  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 on
its effective date are authorized and directed to be made and  completed
on or before such effective date.

Co-Sponsors

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S4742A - Bill Details

See Assembly Version of this Bill:
A1793B
Current Committee:
Law Section:
Workers' Compensation Law
Laws Affected:
Amd Work Comp L, generally; amd §1113, Ins L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S7547, A3765, A6289
2009-2010: A8742, A1743

S4742A - Bill Texts

view summary

Provides workers' compensation benefits for injury or sickness, pregnancy or family leave; applies to an employee and to family members taking family leave to care for an employee.

view sponsor memo
BILL NUMBER:S4742A

TITLE OF BILL: An act to amend the workers' compensation law and the
insurance law, in relation to providing benefits for injury or
sickness, pregnancy or family leave

PURPOSE: To amend the workers' compensation law to provide benefits
for paid family leave.

SUMMARY OF PROVISIONS:

Section 1: amends the workers' compensation law defining disability.

Section 2: amends subdivision 14 of the workers compensation law
defining a "day of disability".

Section 3: amends section 201 of the worker's compensation law
defining "family care", "child", "domestic partner", "serious health
condition", "parent", "family member", "in loco parentis",
"grandchild", "health care provider", and "family care cost".

Section 6: adds section 203-a to the workers' compensation law
regarding prohibition of retaliatory action.

Section 7: adds section 203-b to the workers' compensation law
regarding eligibility for family care leave.

Section 8: amends subdivision 1 of section 204 of the workers'
compensation law and adds a new subdivision 3 regarding payment of
benefits.

Section 9: amends and adds a new section 9 to section 205 of the
workers' compensation law regarding family leave benefit eligibility.

Section 10: adds a new section 205-a to the workers' compensation law
regarding receipt of benefits and limitations.

Section 11: amends subdivision 3 of section 209 of the workers'
compensation law regarding employee contribution to the cost of
disability benefits.

Section 12: adds two new subdivisions 7 and 8 to section 211 of the
workers' compensation law regarding benefits from this law being in
addition to the terms of any agreements that is collectively
negotiated between an employee and employers.

Section 13: adds a new section 211-a to the workers compensation law
regarding public employees and family leave benefits.

Section 14: subdivisions 1 and 2 of section 212 of the workers'
compensation law are amended regarding employer obligation of
provision of family care benefits.

Section 15: amends subdivisions 1, 2, 3 and 4 of section 217 of the
workers' compensation law regarding provision of proof of disability
by employee.


Section 16: amends section 221 of the workers' compensation law
regarding denial of rights to paid family leave benefits.

Section 17: amends subdivision 2 of section 229 of the workers'
compensation law regarding employer obligation to provide information
about family leave benefits.

Section 16: amends the workers' compensation law adding a new section
239-a regarding a study by the department of insurance, governor, and
both houses of the legislature and community rating disability
insurance.

Section 19: amends paragraph 3 of subsection (a) of section 1113 of
the insurance law defining "accident and health insurance".

Section 20: is the effective date.

JUSTIFICATION: Although the Federal Family and Medical Leave Act
guarantees 12 weeks of unpaid leave to many workers to care for a sick
relative or bond with a new child, most people can't afford to take
unpaid time from work. Paid family leave benefits would allow all
workers to remain in the workforce and still receive some income while
taking leave to care for their family.

The need for such leave grows more acute by the day people are living
longer and requiring care in their later years while assisted-living
and nursing home options are growing fewer and more expensive.
Unanticipated medical emergencies can drive families into desperate
financial situations medical bills mount while people are out of work
caring for their relatives despite the lack of income. Allowing people
to receive some income during a brief leave form work can help prevent
such financial disaster.

Further, allowing new parents time from work to bond with a newly born
or adopted child is a great positive for the entire family in general
and a child's development specifically.

LEGISLATIVE HISTORY: 2012: S. 7547 - Referred to Labor. 2013: S.
4742 - Referred to Labor.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: §20. This act shall take effect immediately;
provided, however, that:

(a) Sections two, three, four, five, sir, seven, eight, nine, ten,
eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen and
nineteen of this act shall take effect January 1, 2014.

(b) Paragraph a of subdivision 3 of section 211-a of the workers'
compensation law, as added by section thirteen of this act allowing
public employees to opt in to family care benefits prior to July 1,
2014 and subdivision 1 of section 212 of the workers' compensation law
as amended by section fourteen of this act allowing public employers
to opt into family care benefits prior to July 1, 2014, shall take
effect 13 immediately.


(c) Effective immediately, the addition amendment and/or repeal of any
rules or regulations necessary for the implementation of this act on
its effective date are authorized and directed to be made and
completed on or before such effective date.

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

                                 4742--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 19, 2013
                               ___________

Introduced  by Sens. ADDABBO, AVELLA, KRUEGER, MONTGOMERY, PARKER, SAMP-
  SON, STAVISKY -- read twice and ordered printed, and when  printed  to
  be committed to the Committee on Labor -- recommitted to the Committee
  on  Labor  in  accordance  with  Senate  Rule  6,  sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the workers' compensation law and the insurance law,  in
  relation  to  providing  benefits for injury or sickness, pregnancy or
  family leave

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

  Section  1.   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,  SICKNESS  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00122-02-4

S. 4742--A                          2

  S  2.  The  section  heading  and  the first undesignated paragraph of
section 120 of the workers' compensation law, as amended by  chapter  61
of the laws of 1989, are amended to read as follows:
  Discrimination  against employees [who bring proceedings]. It shall be
unlawful for any employer  or  his  or  her  duly  authorized  agent  to
discharge  or in any other manner discriminate against an employee as to
his or her employment because such employee has claimed or attempted  to
claim  compensation from such employer, OR CLAIMED OR ATTEMPTED TO CLAIM
ANY BENEFITS PROVIDED UNDER THIS CHAPTER,  or  because  he  or  she  has
testified  or is about to testify in a proceeding under this chapter and
no other valid reason is shown to exist for such action by the employer.
  S 3. Subdivision 9 of section 201 of the workers' compensation law  is
amended by adding two new paragraphs C and D to read as follows:
  C.  "DISABILITY"  ALSO INCLUDES FAMILY CARE, AS DEFINED IN SUBDIVISION
FIFTEEN OF THIS SECTION.
  D. UNLESS OTHERWISE SET FORTH IN THIS ARTICLE, ALL PROVISIONS OF  THIS
ARTICLE APPLICABLE TO "DISABILITY" SHALL APPLY TO (I) DISABILITY ARISING
FROM INJURY OR SICKNESS; (II) DISABILITY CAUSED BY OR IN CONNECTION WITH
PREGNANCY; AND (III) DISABILITY REQUIRING FAMILY CARE.
  S  4.  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 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.
  S 5. Section 201 of the workers' compensation law is amended by adding
ten new subdivisions 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24  to  read
as follows:
  15. "FAMILY CARE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOYEE FROM 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 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  BIOLOGICAL  OR  ADOPTIVE  PARENT, STEP-PARENT OR
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.

S. 4742--A                          3

  20. "FAMILY MEMBER" MEANS A CHILD, SPOUSE, DOMESTIC  PARTNER,  PARENT,
GRANDCHILD, GRANDPARENT, MOTHER OR FATHER OF SPOUSE OR DOMESTIC PARTNER.
  21.  PERSONS  WHO  STAND  IN  PARENTAL RELATIONSHIP TO A CHILD 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 RESPONSI-
BILITY 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 A HEALTH CARE PRACTITIONER WHO IS
LICENSED UNDER RELEVANT FEDERAL OR STATE LAWS TO PROVIDE MEDICAL,  EMER-
GENCY  OR HEALTH SERVICES AND IS TREATING AN EMPLOYEE OR A FAMILY MEMBER
FOR A SERIOUS HEALTH CONDITION.
  24. "FAMILY CARE COST" SHALL MEAN:
  A. PRIOR TO JULY FIRST, TWO THOUSAND  SIXTEEN,  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  FINANCIAL
SERVICES FOLLOWING CONSULTATION WITH THE FAMILY CARE ADVISORY COUNCIL BY
APRIL  FIRST  OF THE SAME YEAR BASED ON THE SUPERINTENDENT'S ACTUARIALLY
SOUND ESTIMATION OF THE COST PER EMPLOYEE OF PROVIDING FAMILY CARE BENE-
FITS, BUT IN NO EVENT MORE THAN ONE  HUNDRED  FIFTEEN  PERCENT  OF  SUCH
ESTIMATION  OF  THE  COST PER EMPLOYEE OF PROVIDING FAMILY CARE BENEFITS
THROUGH THE STATE INSURANCE FUND.
  S 6. The workers' compensation law is amended by adding a new  section
203-a 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 FULLY AS IF 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 7. The workers' compensation law is amended by adding a new  section
203-b to read as follows:
  S 203-B. FAMILY CARE LEAVE. ANY ELIGIBLE EMPLOYEE OF A COVERED EMPLOY-
ER  WHO,  AFTER  JANUARY  FIRST, TWO THOUSAND FIFTEEN, HAS IN EMPLOYMENT
TWENTY-FIVE OR MORE EMPLOYEES ON EACH OF AT LEAST  THIRTY  DAYS  IN  ANY
CALENDAR  YEAR  WHO TAKES LEAVE UNDER THIS SECTION SHALL BE ENTITLED, ON
RETURN FROM SUCH LEAVE, TO BE RESTORED BY THE EMPLOYER TO  THE  POSITION
OF  EMPLOYMENT  HELD  BY THE EMPLOYEE WHEN THE LEAVE COMMENCED, OR TO BE
RESTORED TO A COMPARABLE 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  THE
LEAVE.   A VIOLATION OF THIS SECTION SHALL BE A VIOLATION OF SECTION ONE
HUNDRED TWENTY OF THIS CHAPTER AND ALL REMEDIES AND PENALTIES  AVAILABLE
UNDER  SECTION ONE HUNDRED TWENTY OF THIS CHAPTER SHALL BE AVAILABLE FOR
VIOLATIONS OF THIS SECTION AS FULLY AS IF SET FORTH IN THIS SECTION.

S. 4742--A                          4

  S 8. Subdivision 1 of section 204 of the workers' compensation law, as
added by chapter 600 of the laws of 1949, is amended and a new  subdivi-
sion 3 is added 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.
  3.  THE  WEEKLY  BENEFIT  WHICH  THE  DISABLED EMPLOYEE IS ENTITLED TO
RECEIVE FOR DISABILITY COMMENCING ON OR AFTER JANUARY FIRST,  TWO  THOU-
SAND  FIFTEEN  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 STATE DEPARTMENT
OF LABOR 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 APRIL FIRST, TWO THOUSAND SIXTEEN
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 STATE DEPARTMENT OF LABOR  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  APRIL  FIRST, TWO THOUSAND SEVENTEEN SHALL BE
FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT IN NO CASE SHALL
SUCH BENEFIT EXCEED FORTY-FIVE PERCENT OF THE STATEWIDE  AVERAGE  WEEKLY
WAGE AS DETERMINED BY THE STATE DEPARTMENT OF LABOR PURSUANT TO SUBDIVI-
SION  SIXTEEN  OF  SECTION TWO OF THIS CHAPTER. THE WEEKLY BENEFIT WHICH
THE DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR  DISABILITY  COMMENCING
ON OR AFTER APRIL FIRST, TWO THOUSAND EIGHTEEN AND SUBSEQUENTLY 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 STATE DEPARTMENT OF LABOR PURSUANT  TO  SUBDIVISION
SIXTEEN OF SECTION TWO OF THIS CHAPTER.
  S  9.  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
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 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, 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

S. 4742--A                          5

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
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, 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.];
  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, SICKNESS OR PREGNANCY OF THE EMPLOYEE,
INCLUDING ANY LEAVE TAKEN UNDER SECTION SEVENTY-ONE OR SEVENTY-THREE  OF
THE CIVIL SERVICE LAW.
  S 10. 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. 4742--A                          6

  S 11. 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  INJURY, SICKNESS OR PREGNANCY OF THE EMPLOYEE
PLUS THE FAMILY CARE COST, AS  DEFINED  IN  SUBDIVISION  TWENTY-FOUR  OF
SECTION TWO HUNDRED ONE OF THIS ARTICLE.
  S  12.  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 INJURY, SICKNESS 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, SICKNESS OR PREGNANCY OF THE EMPLOYEE, FROM THE MEANS USED
TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE FOR FAMILY CARE.
  S 13. 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:
  A. UPON NOTICE GIVEN PRIOR TO APRIL FIRST, TWO THOUSAND FIFTEEN, WHICH
OPT IN SHALL BECOME EFFECTIVE ONLY ON JULY FIRST, TWO THOUSAND FIFTEEN;
  B. AT ANY TIME UPON NINETY DAYS NOTICE FOR ANY  EMPLOYER  WHO  IS  NOT
PROVIDING  DISABILITY  BENEFITS  FOR INJURY, SICKNESS OR PREGNANCY OF AN
EMPLOYEE UNDER SECTION TWO HUNDRED TWELVE OF THIS  ARTICLE,  OR  WHO  IS
SELF-INSURED FOR SUCH BENEFITS;
  C.  FOR  ANY EMPLOYER WHO IS PROVIDING DISABILITY BENEFITS FOR INJURY,
SICKNESS OR PREGNANCY OF AN EMPLOYEE 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.

S. 4742--A                          7

  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.
  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 14. Subdivisions 1 and 2 of section 212 of the workers' compensation
law,  subdivision  1  as  amended by chapter 740 of the laws of 1960 and
subdivision 2 as amended by chapter 120 of the laws of 1969, are 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  INJURY, SICKNESS OR PREGNANCY OF AN EMPLOYEE OR
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] CHAIR, and  if  the  employees
are required to contribute to the cost of such benefits the assent with-
in thirty days before such approval is granted, of more than one-half of
such  employees shall be evidenced to the satisfaction of the [chairman]
CHAIR.  On approval by the [chairman] CHAIR of such election to  provide
benefits,  all  the provisions of this article shall become and continue
applicable as if the employer were a covered employer 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]  CHAIR  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] CHAIR may approve.  ANY ELECTION BY A
PUBLIC EMPLOYER TO PROVIDE FAMILY  CARE  BENEFITS  MADE  PRIOR  TO  JULY
FIRST, TWO THOUSAND FIFTEEN SHALL BE EFFECTIVE ON THAT DATE.
  2.  Notwithstanding  the  definition of "employer" and "employment" in
section two hundred one of this article, THE STATE, a public  authority,
a  municipal  corporation or a fire district or other political subdivi-
sion may become a covered employer under this article by complying  with
the  provisions  of  subdivision one of this section and may discontinue
such status only as provided in [that] SUCH subdivision.
  S 15. 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:

S. 4742--A                          8

  (A) 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;
  (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
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 THE EMPLOYEE'S  INJURY,  SICKNESS
OR  PREGNANCY,  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 [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 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  INJURY,  SICKNESS  OR  PREGNANCY, 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 [physi-
cian  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 arising under
section two hundred seven OF THIS ARTICLE, and in  other  cases  as  the
chair or board may require.

S. 4742--A                          9

  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  16.    Section  221 of the workers' compensation law, as separately
amended by chapters 425 and 500 of the laws of 1985, is amended to  read
as follows:
  S  221.  Determination  of  contested  claims for disability benefits.
Within twenty-six weeks of written notice of rejection of claim,  DENIAL
OF  RIGHTS  UNDER  SECTION TWO HUNDRED THREE-A OR TWO HUNDRED THREE-B OF
THIS ARTICLE, the employee may file with the [chairman] CHAIR  a  notice
that  his  or her claim for disability benefits has not been paid, [and]
OR THAT THE EMPLOYEE HAS BEEN DENIED RIGHTS GUARANTEED  BY  SECTION  TWO
HUNDRED  THREE-A  OR  TWO  HUNDRED  THREE-B OF THIS ARTICLE. IN CASES OF
DENIAL OF BENEFITS, the employee shall submit  proof  of  disability  OR
ELIGIBILITY  FOR  FAMILY  CARE  and  of his or her employment, wages and
other facts reasonably necessary for  determination  of  the  employee's
right  to  such  benefits OR PROOF OF DENIAL OF RIGHTS UNDER SECTION TWO
HUNDRED  THREE-A  OR  TWO  HUNDRED  THREE-B  OF  THIS  ARTICLE   OR   OF
RETALIATION.   Failure to file such notice within the time provided, may
be excused by the [chairman] CHAIR if it can be shown to  the  satisfac-
tion  of  the  [chairman]  CHAIR not to have been reasonably possible to
furnish such notice and that such notice was furnished as soon as possi-
ble.  On demand of the [chairman] CHAIR the employer  or  carrier  shall
forthwith deliver to the [chairman] CHAIR 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 OR COMPLAINT.
  The board shall have full power and authority to determine all  issues
in  relation  to every such claim for disability OR FAMILY CARE benefits
required or provided under this article, OR WITH RESPECT  TO  DENIAL  OF
RIGHTS  UNDER SECTION TWO HUNDRED THREE-A OR TWO HUNDRED THREE-B OF THIS
ARTICLE OR INCLUDING ORDERING PAYMENT OF  BENEFITS,  DAMAGES  AND  REIN-
STATEMENT  and  shall  file its decision in the office of the [chairman]
CHAIR.  Upon such filing, the [chairman] CHAIR shall send to the parties
a copy of the decision. Either party may present evidence and be repres-
ented by counsel at any hearing on such claim.    The  decision  of  the
board shall be final as to all questions of fact and, except as provided
in  section  twenty-three  of  this chapter, as to all questions of law.
Every decision of the board shall be complied with  in  accordance  with
its  terms  within ten days thereafter except in case of appeal, and any
payments due under such decision shall draw simple interest from  thirty
days after the making thereof at the rate provided in section five thou-
sand four of the civil practice law and rules.
  S  17.  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] CHAIR. The statement shall be provided to the employee within  five
business  days  after  the employee's seventh consecutive day of absence

S. 4742--A                         10

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. EACH COVERED EMPLOYER SHALL PROVIDE EACH EMPLOYEE WITH  A
TYPEWRITTEN,  PRINTED  OR  ELECTRONIC NOTICE IN A FORM PRESCRIBED BY THE
CHAIR, STATING THAT THE EMPLOYER HAS PROVIDED FOR THE PAYMENT  OF  DISA-
BILITY  BENEFITS  AS  REQUIRED BY THIS ARTICLE WITHIN THIRTY DAYS OF THE
EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN  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 18. 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 DEPARTMENT OF
FINANCIAL SERVICES SHALL STUDY, AND REPORT  TO  THE  GOVERNOR  AND  BOTH
HOUSES  OF  THE LEGISLATURE BY APRIL FIRST, TWO THOUSAND FIFTEEN, 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  FINANCIAL  SERVICES, 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 SUPERINTENDENT OF FINANCIAL  SERVICES  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
DEPARTMENT  OF  FINANCIAL  SERVICES  AND THE WORKERS' COMPENSATION BOARD
SHALL PROVIDE ALL NECESSARY PERSONNEL 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 BENEFIT; FUNDING OF THE  BENEFIT    INCLUDING
PASS-THROUGH  COSTS; POSSIBLE STATUTORY AMENDMENTS AND REGULATORY CHANG-
ES; USAGE RATES; OUTREACH; AND COMMUNITY RATING.  ANY  SUCH  RECOMMENDA-
TIONS  OR  REPORTS  SHALL BE PROVIDED TO THE GOVERNOR, SUPERINTENDENT OF
FINANCIAL SERVICES, 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  19.  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

S. 4742--A                         11

nine  of  the  workers'  compensation law, INCLUDING ANY INSURANCE UNDER
THAT ARTICLE FOR FAMILY CARE  BENEFITS,  DISABILITY  BENEFITS  RESULTING
FROM  INJURY,  SICKNESS  OR  PREGNANCY OF AN EMPLOYEE, OR ALL, except as
specified in item (ii) [hereof] OF THIS PARAGRAPH; and (ii) non-cancell-
able  disability insurance, meaning insurance against disability result-
ing 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 otherwise terminate the contract at
or after one year from its effective date or renewal date.
  S 20. This act shall take effect immediately; provided, however, that:
  (a) Sections two, three, four, five, six,  seven,  eight,  nine,  ten,
eleven,  twelve,  thirteen,  fourteen,  fifteen,  sixteen, seventeen and
nineteen of this act shall take effect January 1, 2014.
  (b) Paragraph a of subdivision 3 of  section  211-a  of  the  workers'
compensation  law,  as  added  by  section thirteen of this act allowing
public employees to opt in to family care benefits prior to July 1, 2014
and subdivision 1 of section 212 of the  workers'  compensation  law  as
amended by section fourteen of this act allowing public employers to opt
in  to  family  care  benefits  prior to July 1, 2014, 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 on
its  effective date are authorized and directed to be made and completed
on or before such effective date.

Co-Sponsors

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S4742B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1793B
Current Committee:
Law Section:
Workers' Compensation Law
Laws Affected:
Amd Work Comp L, generally; amd §1113, Ins L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S7547, A3765, A6289
2009-2010: A8742, A1743

S4742B (ACTIVE) - Bill Texts

view summary

Provides workers' compensation benefits for injury or sickness, pregnancy or family leave; applies to an employee and to family members taking family leave to care for an employee.

view sponsor memo
BILL NUMBER:S4742B

TITLE OF BILL: An act to amend the workers' compensation law and the
insurance law, in relation to providing benefits for injury or sickness,
pregnancy or family leave

PURPOSE OR GENERAL IDEA OF BILL:

To amend the workers' compensation law to provide benefits for paid
family leave.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: amends subdivision 2 of section 76 of the workers' compen-
sation law regarding the state insurance fund and provision of family
care benefits

Section 2: amends section 120 of the workers' compensation law regarding
discrimination related to family care leave by employers

Section 3: amends section 201 workers' compensation law defining disa-
bility

Section 4: amends section 201 of the workers' compensation law defining
a "day of disability"

Section 5: amends section 201 of the workers' compensation law defining
"family care", "child", "domestic partner", "serious health condition",
"parent", "family member", "parental relationship", "grandchild",
"health care provider", "family care cost", "grandparent" and "sibling"

Section 6: adds section 203-a to the workers' compensation law regarding
prohibition of retaliatory action

Section 7: adds section 203-b to the workers' compensation law regarding
job-protection for family care leave

Section 8: amends section 204 of the workers' compensation law regarding
consecutive days of disability and weekly benefits.

Section 9: amends section 205 of the workers' compensation law regarding
benefit eligibility

Section 10: adds a new section 205-a to the workers' compensation law
regarding receipt of benefits and limitations

Section 11: amends subdivision 3 of section 209 of the workers' compen-
sation law regarding employee contribution to the cost of disability
benefits

Section 11-a: amends section 210 of the workers' compensation law
regarding employer contributions

Section 12: adds two new subdivisions 7 and 8 to section 211 of the
workers' compensation law regarding benefits from this law being in
addition to the terms of any agreements that is collectively negotiated
between an employee and employers

Section 13: adds a new section 211-a to the workers' compensation law
regarding public employees and family leave benefits

Section 14: subdivisions 1 and 2 of section 212 of the workers' compen-
sation law are amended regarding employer obligation of provision of
family care benefits

Section 15: amends subdivisions 1, 2, 3 and 4 of section 217 of the
workers' compensation law regarding provision of proof of disability by
employee

Section 16: amends section 221 of the workers' compensation law regard-
ing denial of rights to paid family leave benefits

Section 16-a: amends section 226 of the workers' compensation law
regarding insurance contracts and disability

Section 17: amends subdivision 2 of section 229 of the workers' compen-
sation law regarding employer obligation to provide information about
family leave benefits

Section 18: amends the workers' compensation law adding a new section
239-a regarding outreach by the department of labor, a study by the
department of insurance, and the creation of the family care advisory
council

Section 19: amends paragraph 3 of subsection (a) of section 1113 of the
insurance law defining "accident and health insurance"

Section 20: is the effective date

JUSTIFICATION:

Although the Federal Family and Medical Leave Act guarantees 12 weeks of
unpaid leave to many workers to care for a sick relative or bond with a
new child, most people can't afford to take unpaid time from work. Paid
family leave benefits would allow all workers to remain in the workforce
and still receive some income while taking leave to care for their fami-
ly.

The need for such leave grows more acute by the day: people are living
longer and requiring care in their later years while assisted living and
nursing home options are growing fewer and more expensive. Unantic-
ipated medical emergencies can drive families into desperate financial
situations. Medical bills mount while people are out of work caring for
their relatives despite the lack of income. Allowing people to receive

some income during a brief leave form work can help prevent such finan-
cial disaster.

Further, allowing new parents time from work to bond with a newly born
or adopted child is a great positive for the entire family in gener-
al.and a child's development specifically.

PRIOR LEGISLATIVE HISTORY:

2013 - S. 4742 - Referred to Labor.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately; provided however, that (a)
Sections two, three, four, five, six, seven, eight, nine, ten, eleven,
twelve, thirteen, fourteen, fifteen, sixteen, seventeen and nineteen of
this act shall take effect on January 1, 2015. (b) Paragraph a of subdi-
vision 3 of section 211-a of the workers' compensation law, as added by
section thirteen of this act allowing public employees to opt in to
family care benefits prior to July 1, 2015 and subdivision 1 of section
212 of the workers' compensation law as amended by section fourteen of
this act allowing public employers to opt in to family care benefits
prior to July 1, 2015, shall take effect immediately. (c) Effective
immediately, the addition amendment and/or repeal of any rules or regu-
lations necessary for the implementation of this act on its effective
date are authorized and directed to be made and completed on or before
such effective date.

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

                                 4742--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 19, 2013
                               ___________

Introduced  by Sens. ADDABBO, AVELLA, KRUEGER, MONTGOMERY, PARKER, SAMP-
  SON, STAVISKY -- read twice and ordered printed, and when  printed  to
  be committed to the Committee on Labor -- recommitted to the Committee
  on  Labor  in  accordance  with  Senate  Rule  6,  sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the workers' compensation law and the insurance law, in
  relation to providing benefits for injury or  sickness,  pregnancy  or
  family leave

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

  Section 1.  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, SICKNESS 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00122-05-4

S. 4742--B                          2

  S 2. The section heading  and  the  first  undesignated  paragraph  of
section  120  of the workers' compensation law, as amended by chapter 61
of the laws of 1989, are amended to read as follows:
  Discrimination  against employees [who bring proceedings]. It shall be
unlawful for any employer  or  his  or  her  duly  authorized  agent  to
discharge  or in any other manner discriminate against an employee as to
his or her employment because such employee has claimed or attempted  to
claim  compensation from such employer, OR CLAIMED OR ATTEMPTED TO CLAIM
ANY BENEFITS PROVIDED UNDER THIS CHAPTER,  or  because  he  or  she  has
testified  or is about to testify in a proceeding under this chapter and
no other valid reason is shown to exist for such action by the employer.
  S 3. Subdivision 9 of section 201 of the workers' compensation law  is
amended by adding two new paragraphs C and D to read as follows:
  C.  "DISABILITY"  ALSO INCLUDES FAMILY CARE, AS DEFINED IN SUBDIVISION
FIFTEEN OF THIS SECTION.
  D. UNLESS OTHERWISE SET FORTH IN THIS ARTICLE, ALL PROVISIONS OF  THIS
ARTICLE APPLICABLE TO "DISABILITY" SHALL APPLY TO (I) DISABILITY ARISING
FROM INJURY OR SICKNESS; (II) DISABILITY CAUSED BY OR IN CONNECTION WITH
PREGNANCY;  AND  (III) FAMILY CARE.   UNLESS OTHERWISE SET FORTH IN THIS
ARTICLE, ALL PROVISIONS  OF  THIS  ARTICLE  APPLICABLE  TO  A  "DISABLED
EMPLOYEE"  SHALL APPLY TO EMPLOYEES IN NEED OF TIME OFF FOR THE PURPOSES
OF SUBPARAGRAPHS (I), (II) AND (III) OF THIS PARAGRAPH.
  S 4. 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 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.
  S 5. Section 201 of the workers' compensation law is amended by adding
twelve  new  subdivisions 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and
26 to read as follows:
  15. "FAMILY CARE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOYEE FROM 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.
  C.  BECAUSE OF ANY QUALIFYING 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.
  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.
  17. "DOMESTIC PARTNER" HAS THE MEANING SET FORTH IN SUBDIVISION ONE OF
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.

S. 4742--B                          3

  19. "PARENT" MEANS  BIOLOGICAL  OR  ADOPTIVE  PARENT,  STEP-PARENT  OR
PERSON WHO STOOD IN PARENTAL RELATIONSHIP TO AN EMPLOYEE.
  20.  "FAMILY  MEMBER" MEANS A CHILD, SPOUSE, DOMESTIC PARTNER, PARENT,
GRANDCHILD, GRANDPARENT, SIBLING OR PARENT OF A SPOUSE OR DOMESTIC PART-
NER.
  21. "PARENTAL RELATIONSHIP"  IS  A  RELATIONSHIP  IN  WHICH  A  PERSON
ASSUMES  THE OBLIGATIONS INCIDENT TO PARENTHOOD FOR A CHILD AND ACTUALLY
DISCHARGES THOSE OBLIGATIONS,  OR  A  RELATIONSHIP  IN  WHICH  A  PERSON
ASSUMED  THOSE OBLIGATIONS AND DISCHARGED THEM BEFORE THE CHILD ATTAINED
ADULTHOOD.  A BIOLOGICAL OR LEGAL RELATIONSHIP IS NOT NECESSARY.
  22. "GRANDCHILD" MEANS THE CHILD OF A CHILD.
  23. "HEALTH CARE PROVIDER" MEANS A HEALTH  CARE  PRACTITIONER  WHO  IS
LICENSED  UNDER RELEVANT FEDERAL OR STATE LAWS TO PROVIDE MEDICAL, EMER-
GENCY OR HEALTH  SERVICES  AND  IS  TREATING  AN  EMPLOYEE'S  DISABILITY
RESULTING  FROM  INJURY, SICKNESS OR PREGNANCY, OR A FAMILY MEMBER FOR A
SERIOUS HEALTH CONDITION.   FOR AN  EMPLOYEE  OR  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,
"HEALTH CARE PROVIDER" INCLUDES A PRACTITIONER DULY  ACCREDITED  BY  THE
CHURCH  OR  DENOMINATION WHO IS PROVIDING CARE TO THE EMPLOYEE OR FAMILY
MEMBER.
  24. "FAMILY CARE COST" SHALL MEAN:
  A. PRIOR TO JULY FIRST, TWO THOUSAND SIXTEEN, UP TO  FORTY-FIVE  CENTS
PER WEEK; AND
  B.  DURING EVERY SUBSEQUENT YEAR COMMENCING ON JULY FIRST SUCH MAXIMUM
AMOUNT AS SHALL BE SET BY REGULATION OF THE SUPERINTENDENT OF  FINANCIAL
SERVICES FOLLOWING CONSULTATION WITH THE FAMILY CARE ADVISORY COUNCIL BY
APRIL  FIRST  OF THE SAME YEAR BASED ON THE SUPERINTENDENT'S ACTUARIALLY
SOUND ESTIMATION OF THE COST PER EMPLOYEE OF PROVIDING FAMILY CARE BENE-
FITS, BUT IN NO EVENT MORE THAN ONE  HUNDRED  FIFTEEN  PERCENT  OF  SUCH
ESTIMATION  OF  THE  COST PER EMPLOYEE OF PROVIDING FAMILY CARE BENEFITS
THROUGH THE STATE INSURANCE FUND.
  25. "GRANDPARENT" MEANS THE PARENT OF A PARENT.
  26. "SIBLING" MEANS A BROTHER OR A  SISTER,  WHETHER  RELATED  THROUGH
HALF BLOOD, WHOLE BLOOD OR ADOPTION OR A STEP-SIBLING.
  S  6. The workers' compensation law is amended by adding a new section
203-a 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 FULLY AS IF 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.
  S 7. The workers' compensation law is amended by adding a new  section
203-b to read as follows:
  S 203-B. FAMILY CARE LEAVE. ANY ELIGIBLE EMPLOYEE OF A COVERED EMPLOY-
ER  WHO TAKES LEAVE UNDER THIS SECTION SHALL BE ENTITLED, ON RETURN FROM
SUCH LEAVE, TO BE RESTORED BY THE EMPLOYER TO THE POSITION OF EMPLOYMENT
HELD BY THE EMPLOYEE WHEN THE LEAVE COMMENCED, OR TO BE  RESTORED  TO  A
COMPARABLE  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

S. 4742--B                          4

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 THE LEAVE.  A VIOLATION OF
THIS  SECTION SHALL BE A VIOLATION OF SECTION ONE HUNDRED TWENTY OF THIS
CHAPTER AND ALL REMEDIES  AND  PENALTIES  AVAILABLE  UNDER  SECTION  ONE
HUNDRED TWENTY OF THIS CHAPTER SHALL BE AVAILABLE FOR VIOLATIONS OF THIS
SECTION AS FULLY AS IF SET FORTH IN THIS SECTION.
  S 8. Subdivision 1 of section 204 of the workers' compensation law, as
added  by chapter 600 of the laws of 1949, is amended and two new subdi-
visions 3 and 4 are added 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.  WHEN AN EMPLOYEE IS ELIGIBLE TO RECEIVE BENEFITS
FOR FAMILY CARE REASONS IMMEDIATELY AFTER  RECEIVING  BENEFITS  FOR  THE
EMPLOYEE'S  OWN INJURY, SICKNESS OR PREGNANCY, BENEFITS SHALL BE PAYABLE
TO THE EMPLOYEE BEGINNING ON THE FIRST  DAY  OF  ELIGIBLE  FAMILY  CARE.
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.
  3. THE WEEKLY BENEFIT WHICH  THE  DISABLED  EMPLOYEE  IS  ENTITLED  TO
RECEIVE  FOR  DISABILITY COMMENCING ON OR AFTER JANUARY FIRST, TWO THOU-
SAND FIFTEEN SHALL BE TWO-THIRDS 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 STATE  DEPARTMENT  OF
LABOR  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 APRIL FIRST, TWO THOUSAND SIXTEEN
SHALL BE TWO-THIRDS 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 STATE DEPARTMENT OF LABOR  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  APRIL  FIRST, TWO THOUSAND SEVENTEEN SHALL BE
TWO-THIRDS OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT IN  NO  CASE  SHALL
SUCH  BENEFIT  EXCEED FORTY-FIVE PERCENT OF THE STATEWIDE AVERAGE WEEKLY
WAGE AS DETERMINED BY THE STATE DEPARTMENT OF LABOR PURSUANT TO SUBDIVI-
SION SIXTEEN OF SECTION TWO OF THIS CHAPTER. THE  WEEKLY  BENEFIT  WHICH
THE  DISABLED  EMPLOYEE IS ENTITLED TO RECEIVE FOR DISABILITY COMMENCING
ON OR AFTER APRIL FIRST, TWO THOUSAND EIGHTEEN AND SUBSEQUENTLY SHALL BE
TWO-THIRDS 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 STATE DEPARTMENT OF LABOR PURSUANT  TO  SUBDIVISION
SIXTEEN OF SECTION TWO OF THIS CHAPTER.  FOR DISABILITY COMMENCING ON OR
AFTER  JANUARY  FIRST,  TWO  THOUSAND  FIFTEEN, THE WEEKLY BENEFIT FOR A
DISABLED EMPLOYEE WHO IS  CONCURRENTLY  ELIGIBLE  FOR  BENEFITS  IN  THE
EMPLOYMENT  OF  MORE THAN ONE COVERED EMPLOYER SHALL, WITHIN THE MAXIMUM
HEREIN PROVIDED, BE TWO-THIRDS OF THE TOTAL OF  THE  EMPLOYEE'S  AVERAGE
WEEKLY  WAGES  RECEIVED  FROM  ALL  SUCH COVERED EMPLOYERS, AND SHALL BE
ALLOCATED IN THE PROPORTION OF  THEIR  RESPECTIVE  AVERAGE  WEEKLY  WAGE
PAYMENTS.
  4. NOTWITHSTANDING ANY CONTRARY PROVISIONS IN THIS ARTICLE, AN EMPLOY-
EE SHALL BE ENTITLED TO TAKE LEAVE FOR FAMILY CARE UNDER THIS ARTICLE ON

S. 4742--B                          5

AN INTERMITTENT OR REDUCED LEAVE SCHEDULE, EXCEPT THAT AN EMPLOYEE SHALL
NOT  BE ENTITLED TO INTERMITTENT OR REDUCED LEAVE TO PROVIDE FAMILY CARE
UNDER PARAGRAPH A OF SUBDIVISION FIFTEEN OF SECTION TWO HUNDRED  ONE  OF
THIS  ARTICLE UNLESS SHOWN TO BE MEDICALLY NECESSARY. THE EMPLOYEE SHALL
MAKE A REASONABLE EFFORT TO SCHEDULE INTERMITTENT OR REDUCED LEAVE SO AS
NOT TO UNDULY DISRUPT THE OPERATIONS OF THE EMPLOYER. LEAVE TAKEN ON  AN
INTERMITTENT  OR  REDUCED LEAVE SCHEDULE SHALL NOT RESULT IN A REDUCTION
OF THE TOTAL AMOUNT OF LEAVE TO WHICH AN EMPLOYEE IS ENTITLED UNDER THIS
ARTICLE BEYOND THE AMOUNT OF LEAVE ACTUALLY TAKEN.
  S 9. 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
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 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, 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
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.] HEALTH CARE PROVIDER;
  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

S. 4742--B                          6

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, 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.];
  9. FOR ANY DAY OF ABSENCE FROM WORK RESULTING FROM INJURY, SICKNESS OR
PREGNANCY   OF   THE   EMPLOYEE   TAKEN  UNDER  SECTION  SEVENTY-ONE  OR
SEVENTY-THREE OF THE CIVIL SERVICE LAW.
  S 10. 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.  1. 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.
  2. AN EMPLOYER MAY REQUIRE THAT AN INDIVIDUAL WHO IS ENTITLED TO LEAVE
UNDER THE PROVISIONS OF THE FAMILY AND MEDICAL LEAVE  ACT  OF  1993,  29
U.S.C.  SEC.  2601  ET SEQ. SHALL TAKE ANY FAMILY CARE BENEFITS PROVIDED
UNDER THIS ARTICLE CONCURRENTLY WITH LEAVE TAKEN PURSUANT TO THE  FAMILY
AND MEDICAL LEAVE ACT.
  S  11.  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  INJURY, SICKNESS OR PREGNANCY OF THE EMPLOYEE
PLUS THE FAMILY CARE COST, AS  DEFINED  IN  SUBDIVISION  TWENTY-FOUR  OF
SECTION TWO HUNDRED ONE OF THIS ARTICLE.
  S  11-a.  Section  210  of  the workers' compensation law, as added by
chapter 600 of the laws of 1949, is amended to read as follows:
  S 210. Employer contributions. 1. Every covered employer shall, on and
after January first, nineteen hundred  fifty,  contribute  the  cost  of
providing  [disability]  benefits  FOR DISABILITY RESULTING FROM INJURY,
SICKNESS OR PREGNANCY in excess of the contributions collected from  his
employees, to the extent and in the manner provided in this article.
  2.  The  special  contribution of each covered employer to the accumu-
lation of funds to provide benefits for disabled unemployed shall be  as
provided in subdivision one of section two hundred fourteen.
  3. The contribution of every covered employer to the cost of providing
[disability]  benefits FOR DISABILITY RESULTING FROM INJURY, SICKNESS OR
PREGNANCY after June thirtieth, nineteen hundred  fifty,  shall  be  the
excess  of such cost over the amount of the contributions of his employ-
ees.
  4. No profit shall be  derived  by  any  employer  or  association  of
employers  or of employees from providing payment of disability benefits

S. 4742--B                          7

under this article. All funds representing  contributions  of  employers
and employees, and increments thereon, held by employers or associations
of  employers  or  of  employees authorized or permitted to pay benefits
under  the  provisions  of this article, and by trustees paying benefits
under plans or  agreements  meeting  the  requirements  of  section  two
hundred  eleven,  shall  be  trust  funds  and shall be expended only to
provide for the payment of benefits to employees and for  the  costs  of
administering  this  article and for the support of the fund established
under section two hundred fourteen.
  S 12. 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 INJURY, SICKNESS 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, SICKNESS OR PREGNANCY OF THE EMPLOYEE, FROM THE MEANS  USED
TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE FOR FAMILY CARE.
  S 13. 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:
  A. UPON NOTICE GIVEN PRIOR TO APRIL FIRST, TWO THOUSAND FIFTEEN, WHICH
OPT IN SHALL BECOME EFFECTIVE ONLY ON JULY FIRST, TWO THOUSAND FIFTEEN;
  B.  AT  ANY  TIME  UPON NINETY DAYS NOTICE FOR ANY EMPLOYER WHO IS NOT
PROVIDING DISABILITY BENEFITS FOR INJURY, SICKNESS OR  PREGNANCY  OF  AN
EMPLOYEE  UNDER  SECTION  TWO  HUNDRED TWELVE OF THIS ARTICLE, OR WHO IS
SELF-INSURED FOR SUCH BENEFITS;
  C. FOR ANY EMPLOYER WHO IS PROVIDING DISABILITY BENEFITS  FOR  INJURY,
SICKNESS OR PREGNANCY OF AN EMPLOYEE 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.

S. 4742--B                          8

  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.
  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 14. Subdivisions 1 and 2 of section 212 of the workers' compensation
law,  subdivision  1  as  amended by chapter 740 of the laws of 1960 and
subdivision 2 as amended by chapter 120 of the laws of 1969, are 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  INJURY, SICKNESS OR PREGNANCY OF AN EMPLOYEE OR
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] CHAIR, and  if  the  employees
are required to contribute to the cost of such benefits the assent with-
in thirty days before such approval is granted, of more than one-half of
such  employees shall be evidenced to the satisfaction of the [chairman]
CHAIR.  On approval by the [chairman] CHAIR of such election to  provide
benefits,  all  the provisions of this article shall become and continue
applicable as if the employer were a covered employer 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]  CHAIR  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] CHAIR may approve.  ANY ELECTION BY A
PUBLIC EMPLOYER TO PROVIDE FAMILY  CARE  BENEFITS  MADE  PRIOR  TO  JULY
FIRST, TWO THOUSAND FIFTEEN SHALL BE EFFECTIVE ON THAT DATE.
  2.  Notwithstanding  the  definition of "employer" and "employment" in
section two hundred one of this article, THE STATE, a public  authority,
a  municipal  corporation or a fire district or other political subdivi-
sion may become a covered employer under this article by complying  with
the  provisions  of  subdivision one of this section and may discontinue
such status only as provided in [that] SUCH subdivision.
  S 15. 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:

S. 4742--B                          9

  (A) 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;
  (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;
  (D)  IN THE CASE OF BENEFITS DUE TO A MILITARY EXIGENCY, PROOF OF CALL
TO ACTIVE DUTY AND CERTIFICATION THAT  THE  LEAVE  IS  FOR  ONE  OF  THE
EXIGENCIES  AUTHORIZED  FOR  LEAVE  UNDER  REGULATION  OF THE FAMILY AND
MEDICAL LEAVE ACT, 29 CFR SEC. 825.309(6).
  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
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 THE EMPLOYEE'S INJURY, SICKNESS
OR PREGNANCY, 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 [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 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 INJURY, SICKNESS  OR  PREGNANCY,  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 [physi-
cian or podiatrist or chiropractor or dentist or psychologist]  RELEVANT

S. 4742--B                         10

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 16.  Section 221 of the workers'  compensation  law,  as  separately
amended  by chapters 425 and 500 of the laws of 1985, is amended to read
as follows:
  S 221. Determination of  contested  claims  for  disability  benefits.
Within  twenty-six  weeks  of  written notice of rejection of claim, the
employee may file with the [chairman] CHAIR 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] CHAIR if it can be shown to the  satis-
faction  of the [chairman] CHAIR not to have been reasonably possible to
furnish such notice and that such notice was furnished as soon as possi-
ble.  On demand of the [chairman] CHAIR the employer  or  carrier  shall
forthwith deliver to the [chairman] CHAIR 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] HEALTH CARE PROVID-
ER'S  statement,  wage  and  employment data and all other papers in the
possession of the employer or carrier with  respect  to  such  claim  OR
COMPLAINT.
  The  board shall have full power and authority to determine all issues
in relation to every such claim  for  disability  benefits  required  or
provided  under  this article, and shall file its decision in the office
of the [chairman] CHAIR.  Upon such filing, the [chairman]  CHAIR  shall
send  to  the  parties  a copy of the decision. Either party may present
evidence and be represented by counsel at any  hearing  on  such  claim.
The  decision  of  the  board shall be final as to all questions of fact
and, except as provided in section twenty-three of this chapter,  as  to
all questions of law. Every decision of the board shall be complied with
in  accordance  with its terms within ten days thereafter except in case
of appeal, and any payments due under such decision  shall  draw  simple
interest  from thirty days after the making thereof at the rate provided
in section five thousand four of the civil practice law and rules.
  S 16-a. Subdivisions 2 and 3 of section 226 of  the  workers'  compen-
sation  law, as added by chapter 600 of the laws of 1949, are amended to
read as follows:
  2. Every such policy shall contain a provision that,  as  between  the
employee  and  the  insurance carrier, the notice to or knowledge of the
occurrence of the [injury or sickness] DISABILITY on  the  part  of  the
employer  shall be deemed notice or knowledge as the case may be, on the
part of the insurance carrier; that jurisdiction of the employer  shall,
for the purpose of this chapter, be jurisdiction of the insurance carri-
er  and  that  the insurance carrier shall in all things be bound by and
subject to the orders, findings or decisions rendered in connection with
the payment of benefits under the provisions of this article.
  3. Every such policy shall contain a provision to the effect that  the
insolvency or bankruptcy of the employer shall not relieve the insurance

S. 4742--B                         11

carrier  from  the  payment  of  benefits for disability [suffered by an
employee] THAT OCCURS during the life of such policy.
  S 17. Subdivisions 1 and 2 of section 229 of the workers' compensation
law,  subdivision 1 as amended and subdivision 2 as added by chapter 271
of the laws of 1985, is amended to read as follows:
  1. Each covered employer shall post  and  maintain  in  a  conspicuous
place  or places in and about the employer's place or places of business
typewritten or printed notices in form prescribed by the chairman, stat-
ing that the employer has provided for the payment of  disability  bene-
fits  as  required by this article. The chairman may require any covered
employer to furnish a written statement at any time showing the  carrier
insuring  the  payment  of  benefits under this article or the manner in
which such employer has complied with section two hundred eleven or  any
other  provision  of  this  article. Failure for a period of ten days to
furnish such written statement  shall  constitute  presumptive  evidence
that  such  employer  has  neglected  or failed in respect of any of the
matters so required. EACH COVERED EMPLOYER SHALL PROVIDE  EACH  EMPLOYEE
WITH A TYPEWRITTEN, 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 FOURTEEN
WHICH AMENDED THIS SUBDIVISION. EACH COVERED EMPLOYER SHALL PROVIDE SUCH
NOTICE TO ALL NEW EMPLOYEES WITHIN THIRTY DAYS OF  THEIR  FIRST  DAY  OF
WORK.
  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] 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.
  S 18. The workers' compensation law is amended by adding a new section
239-a to read as follows:
  S 239-A. FAMILY CARE OUTREACH STUDY AND MONITORING.  1. THE DEPARTMENT
OF LABOR SHALL DEVELOP AND IMPLEMENT  A  PUBLIC  EDUCATION  CAMPAIGN  TO
INFORM  WORKERS  AND EMPLOYERS REGARDING THE AVAILABILITY OF FAMILY CARE
UNDER THIS CHAPTER. THE DEPARTMENT OF LABOR'S PUBLIC  OUTREACH  CAMPAIGN
MAY INCLUDE LOCALLY TAILORED PUBLIC EDUCATION STRATEGIES TARGETED TO NEW
PARENTS  AND FAMILY CAREGIVERS WHO MAY BE ELIGIBLE FOR FAMILY CARE UNDER
THIS CHAPTER. AS PART OF THE PUBLIC EDUCATION PROGRAM, PUBLIC  OFFICIALS
MAY  MAINTAIN  A  SUPPLY  OF INFORMATIONAL LEAFLETS IN PUBLIC BUILDINGS,
INCLUDING BUT NOT LIMITED TO LOCAL EMPLOYMENT SERVICES  OFFICES  OF  THE
DEPARTMENT  OF  LABOR, INSTITUTIONS AND FACILITIES UNDER THE SUPERVISION
OR CONTROL OF THE DEPARTMENT OF HEALTH, HOSPITALS, UNION HALLS, COMMUNI-
TY CENTERS, SCHOOLS AND LOCAL AGENCIES PROVIDING SERVICES  TO  EMPLOYERS
AND  EMPLOYEES  TO  HELP  ENSURE  THAT  SUCH PERSONS ARE INFORMED OF THE
AVAILABILITY OF FAMILY CARE UNDER THIS CHAPTER. THE DEPARTMENT OF  LABOR
SHALL  MAKE  PUBLIC EDUCATION INFORMATION AVAILABLE IN ENGLISH, SPANISH,
CHINESE,  RUSSIAN,  ITALIAN,  KOREAN,  HAITIAN  CREOLE,  AND  ANY  OTHER
LANGUAGES DEEMED APPROPRIATE BY THE DEPARTMENT OF LABOR.
  2. THE DEPARTMENT OF FINANCIAL SERVICES SHALL STUDY, AND REPORT TO THE
GOVERNOR AND BOTH HOUSES OF THE LEGISLATURE BY APRIL FIRST, TWO THOUSAND

S. 4742--B                         12

FIFTEEN,  ON  THE  FEASIBILITY AND IMPACT OF COMMUNITY RATING DISABILITY
INSURANCE OR ANY ASPECT THEREOF.
  3.  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  FINANCIAL  SERVICES, 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 SUPERINTENDENT OF FINANCIAL  SERVICES  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
DEPARTMENT  OF  FINANCIAL  SERVICES  AND THE WORKERS' COMPENSATION BOARD
SHALL PROVIDE ALL NECESSARY PERSONNEL 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 BENEFIT; FUNDING OF THE  BENEFIT    INCLUDING
PASS-THROUGH  COSTS; POSSIBLE STATUTORY AMENDMENTS AND REGULATORY CHANG-
ES; USAGE RATES; OUTREACH; AND COMMUNITY RATING.  ANY  SUCH  RECOMMENDA-
TIONS  OR  REPORTS  SHALL BE PROVIDED TO THE GOVERNOR, SUPERINTENDENT OF
FINANCIAL SERVICES, 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  19.  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
THAT ARTICLE FOR FAMILY CARE  BENEFITS,  DISABILITY  BENEFITS  RESULTING
FROM  INJURY,  SICKNESS  OR  PREGNANCY OF AN EMPLOYEE, OR ALL, except as
specified in item (ii) [hereof] OF THIS PARAGRAPH; and (ii) non-cancell-
able disability insurance, meaning insurance against disability  result-
ing  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 otherwise terminate the contract  at
or after one year from its effective date or renewal date.
  S 20. This act shall take effect immediately; provided, however, that:
  (a)  Sections  two,  three,  four, five, six, seven, eight, nine, ten,
eleven, twelve, thirteen,  fourteen,  fifteen,  sixteen,  seventeen  and
nineteen of this act shall take effect January 1, 2015.
  (b)  Paragraph  a  of  subdivision  3 of section 211-a of the workers'
compensation law, as added by section  thirteen  of  this  act  allowing

S. 4742--B                         13

public employees to opt in to family care benefits prior to July 1, 2015
and  subdivision  1  of  section 212 of the workers' compensation law as
amended by section fourteen of this act allowing public employers to opt
in  to  family  care  benefits  prior to July 1, 2015, 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 on
its  effective date are authorized and directed to be made and completed
on or before such effective date.

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