B. TO BOND WITH HIS OR HER 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 STEPCHILD,
A LEGAL WARD, OR A CHILD OF A PERSON STANDING IN LOCO PARENTIS, WHO IS:
A. UNDER EIGHTEEN YEARS OF AGE; OR
B. EIGHTEEN YEARS OF AGE OR OLDER AND INCAPABLE OF SELF-CARE BECAUSE
OF A MENTAL OR PHYSICAL DISABILITY.
17. "DOMESTIC PARTNER" HAS THE MEANING SET FORTH IN SECTION FOUR OF
THIS CHAPTER.
18. "SERIOUS HEALTH CONDITION" MEANS AN ILLNESS, INJURY, IMPAIRMENT,
OR PHYSICAL OR MENTAL CONDITION THAT:
A. REQUIRES INPATIENT CARE IN A HOSPITAL, HOSPICE OR RESIDENTIAL
HEALTH CARE FACILITY; OR
B. REQUIRES CONTINUING TREATMENT BY A HEALTH CARE PROVIDER.
19. "PARENT" MEANS THE BIOLOGICAL, ADOPTIVE, OR FOSTER PARENT OF AN
EMPLOYEE OR INDIVIDUAL WHO STOOD IN LOCO PARENTIS TO AN EMPLOYEE WHEN
THE EMPLOYEE WAS A SON OR DAUGHTER.
20. "FAMILY MEMBER" MEANS A CHILD, SPOUSE, DOMESTIC PARTNER, PARENT,
GRANDCHILD, GRANDPARENT, MOTHER-IN-LAW, FATHER-IN-LAW OR MOTHER AND/OR
FATHER OF DOMESTIC PARTNER.
21. PERSONS WHO ARE "IN LOCO PARENTIS" INCLUDE THOSE WITH DAY-TO-DAY
RESPONSIBILITIES TO CARE FOR AND FINANCIALLY SUPPORT A CHILD OR, IN THE
CASE OF AN EMPLOYEE, WHO HAD SUCH RESPONSIBILITY FOR THE EMPLOYEE WHEN
THE EMPLOYEE WAS A CHILD. A BIOLOGICAL OR LEGAL RELATIONSHIP IS NOT
NECESSARY.
22. "GRANDCHILD" MEANS THE CHILD OF A CHILD.
23. "HEALTH CARE PROVIDER" MEANS ANY PROVIDER TREATING AN EMPLOYEE'S
INJURY OR SICKNESS, OR A FAMILY MEMBER'S SERIOUS HEALTH CONDITION,
INCLUDING A PHYSICIAN, PODIATRIST, CHIROPRACTOR, DENTIST, PSYCHOLOGIST,
CERTIFIED NURSE MIDWIFE, OR IN THE CASE OF A FAMILY MEMBER WHO ADHERES
TO THE FAITH OR TEACHINGS OF ANY CHURCH OR DENOMINATION, AND WHO IN
ACCORDANCE WITH ITS CREED, TENETS OR PRINCIPLES DEPENDS FOR HEALING UPON
PRAYER THROUGH SPIRITUAL MEANS ALONE IN THE PRACTICE OF RELIGION, BY AN
ACCREDITED PRACTITIONER, CONTAINING FACTS AND OPINIONS AS TO SUCH HEALTH
CONDITION IN COMPLIANCE WITH REGULATIONS OF THE CHAIR.
24. "FAMILY CARE COST" SHALL MEAN:
A. PRIOR TO JULY FIRST, TWO 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 HIS OR HER ACTUARIALLY SOUND ESTI-
MATION OF THE COST PER EMPLOYEE OF PROVIDING FAMILY CARE BENEFITS, BUT
IN NO EVENT MORE THAN ONE HUNDRED FIFTEEN PERCENT OF HIS OR HER ESTI-
MATION OF THE COST PER EMPLOYEE OF PROVIDING FAMILY CARE BENEFITS
THROUGH THE STATE INSURANCE FUND.
S 3-a. 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
S. 5296 3
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 3-b. 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 HAS IN EMPLOYMENT AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN
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 3-c. 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 4. 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 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
S. 5296 4
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 5. Subdivisions 1, 2, 3, 4, 7 and 8 of section 205 of the workers'
compensation law, subdivision 1 as amended by chapter 651 of the laws of
1958, subdivision 2 as amended by chapter 270 of the laws of 1990 and
subdivisions 3, 4, 7 and 8 as added by chapter 600 of the laws of 1949
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 OR 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 disa-
bility; OR
(B) FOR FAMILY CARE, FOR MORE THAN TWELVE WEEKS DURING A PERIOD OF
FIFTY-TWO CONSECUTIVE CALENDAR WEEKS OR DURING ANY ONE PERIOD OF FAMILY
CARE;
2. for any period of disability RESULTING FROM THE INJURY OR SICKNESS
OR PREGNANCY OF AN EMPLOYEE during which an employee is not under the
care of a duly licensed physician or with respect to disability result-
ing 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[.];
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;
S. 5296 5
4. for any day of disability during which the employee performed work
for remuneration or profit; BUT NOT INCLUDING ANY REMUNERATION RECEIVED
FOR CARING FOR A FOSTER OR ADOPTED CHILD OR OTHER INDIVIDUAL RESIDING IN
THE EMPLOYEE'S PLACE OF RESIDENCE;
7. for any disability due to any act of war, declared or undeclared,
if such act shall occur after June thirtieth, nineteen hundred fifty,
EXCEPT THAT NOTHING IN THIS SUBDIVISION SHALL BAR AN EMPLOYEE FROM
RECEIVING BENEFITS UNDER THIS ARTICLE FOR CARE OF A FAMILY MEMBER DISA-
BLED DUE TO AN ACT OF WAR;
8. for any disability RESULTING FROM AN INJURY OR SICKNESS TO OR PREG-
NANCY OF THE EMPLOYEE commencing before the employee becomes eligible to
benefits hereunder [or commencing prior to July first, nineteen hundred
fifty, but this shall not preclude benefits for recurrence after July
first, nineteen hundred fifty, of a disability commencing prior 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 OR SICKNESS TO OR PREGNANCY OF THE
EMPLOYEE, INCLUDING ANY LEAVE TAKEN UNDER SECTION SEVENTY-ONE OR SEVEN-
TY-THREE OF THE CIVIL SERVICE LAW.
S 6. The workers' compensation law is amended by adding a new section
205-a to read as follows:
S 205-A. RELATIONSHIP BETWEEN DISABILITY BENEFITS FOR FAMILY CARE AND
FOR THE EMPLOYEE'S OWN INJURY OR SICKNESS OR PREGNANCY. THE RECEIPT OF
BENEFITS FOR DISABILITY RESULTING FROM INJURY OR SICKNESS TO THE EMPLOY-
EE, OR PREGNANCY OF THE EMPLOYEE, SHALL NOT COUNT TOWARD ANY TIME LIMI-
TATION UNDER SUBDIVISION ONE OF SECTION TWO HUNDRED FIVE OF THIS ARTICLE
ON THE RECEIPT OF BENEFITS FOR FAMILY CARE, AND THE RECEIPT OF BENEFITS
FOR FAMILY CARE SHALL NOT COUNT TOWARD ANY TIME LIMITATION UNDER SUBDI-
VISION ONE OF SECTION TWO HUNDRED FIVE OF THIS ARTICLE ON THE RECEIPT OF
BENEFITS FOR DISABILITY RESULTING FROM INJURY OR SICKNESS OR PREGNANCY
TO THE EMPLOYEE, EXCEPT THAT AN EMPLOYEE MAY RECEIVE DISABILITY BENEFITS
ON ONLY ONE CLAIM AT ANY TIME.
S 7. Subdivision 3 of section 209 of the workers' compensation law, as
amended by chapter 415 of the laws of 1983, is amended to read as
follows:
3. The contribution of each such employee to the cost of disability
benefits provided by this article shall be one-half of one per centum of
the employee's wages paid to him on and after July first, nineteen
hundred fifty, but not in excess of sixty cents per week FOR THE COST OF
DISABILITY BENEFITS FOR INJURY OR SICKNESS TO, 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 7-a. 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 OR SICKNESS TO OR PREGNANCY OF
THE EMPLOYEE AS IT USES TO PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE
UNDER THIS ARTICLE FOR FAMILY CARE. AN EMPLOYER MAY USE A DIFFERENT
MEANS, AMONG THOSE SET FORTH IN SUBDIVISIONS ONE THROUGH FIVE OF THIS
S. 5296 6
SECTION, TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE FOR DISABILITY
RESULTING FROM INJURY OR SICKNESS TO OR PREGNANCY OF THE EMPLOYEE, FROM
THE MEANS USED TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE FOR FAMILY
CARE.
S 7-b. 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 OR SICKNESS TO 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 OR
SICKNESS TO OR PREGNANCY OF AN EMPLOYEE UNDER SECTION TWO HUNDRED TWELVE
OF THIS ARTICLE, UPON NOTICE AT LEAST NINETY DAYS PRIOR TO THE EXPIRA-
TION 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-
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 8. 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 OR SICKNESS TO OR PREGNANCY OF AN EMPLOYEE
OR FOR FAMILY CARE, OR BOTH, in one or more of the ways set forth in
S. 5296 7
section two hundred eleven OF THIS ARTICLE; but such election shall be
subject to the approval of the chairman, and if the employees are
required to contribute to the cost of such benefits the assent within
thirty days before such approval is granted, of more than one-half of
such employees shall be evidenced to the satisfaction of the chairman.
On approval by the chairman of such election to provide benefits, all
the provisions of this article shall become and continue applicable as
if the employer were a covered 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
in writing and to his employees, after he has provided for payment of
benefits for not less than one year and with such provision for payment
of obligations incurred on and prior to the termination date as the
chairman may approve. ANY ELECTION BY A PUBLIC EMPLOYER TO PROVIDE
FAMILY CARE BENEFITS MADE PRIOR TO JULY FIRST, TWO THOUSAND 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 OR ANY AGENCY THERE-
OF, a public authority, a municipal corporation or a fire district or
other political subdivision 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 subdi-
vision.
S 8-a. Subdivision 2 of section 76 of the workers' compensation law,
as added by chapter 600 of the laws of 1949, is amended to read as
follows:
2. The purposes of the state insurance fund herein created are hereby
enlarged to provide [for the] insurance [by the state insurance fund of]
FOR the payment of the benefits required by section two hundred four of
this chapter, INCLUDING BENEFITS FOR FAMILY CARE PROVIDED EITHER IN THE
SAME POLICY WITH OR IN A SEPARATE POLICY FROM BENEFITS FOR DISABILITY
RESULTING FROM INJURY OR SICKNESS TO OR PREGNANCY OF AN EMPLOYEE, AND AS
PROVIDED PURSUANT TO SECTION TWO HUNDRED ELEVEN-A OF THIS CHAPTER. A
separate fund is hereby created within the state insurance fund, which
shall be known as the "disability benefits fund", and which shall
consist of all premiums received and paid into said fund on account of
such insurance, all securities acquired by and through the use of moneys
belonging to said fund and of interest earned upon moneys belonging to
said fund and deposited or invested as herein provided. Said disability
benefits fund shall be applicable to the payment of benefits, expenses
and assessments on account of insurance written pursuant to article nine
of this chapter.
S 9. Subdivisions 1, 2, 3 and 4 of section 217 of the workers' compen-
sation 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. 5296 8
(A) IN THE CASE OF DISABILITY RESULTING FROM INJURY OR SICKNESS TO OR
PREGNANCY 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 HIS OR HER INJURY OR 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 OR SICKNESS OR PREGNANCY, OR THE CLAIMANTS' 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. 5296 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 9-a. Section 217 of the workers' compensation law is amended by
adding a new subdivision 7 to read as follows:
7. THE COMMISSIONER OF LABOR, IN CONSULTATION WITH THE COMMISSIONER OF
HEALTH AND THE DIRECTOR OF THE OFFICE FOR THE AGING, SHALL DEVELOP AND
IMPLEMENT AN OUTREACH PROGRAM TO ENSURE THAT INDIVIDUALS WHO MAY BE
ELIGIBLE TO RECEIVE TEMPORARY DISABILITY INSURANCE AND FAMILY CARE BENE-
FITS UNDER THIS CHAPTER ARE MADE AWARE OF THESE BENEFITS. THE OUTREACH
PROGRAM SHALL PROVIDE ADEQUATE INFORMATION ON ELIGIBILITY REQUIREMENTS,
THE CLAIMS PROCESS, BENEFIT AMOUNTS, REINSTATEMENT AND NONDISCRIMINATION
RIGHTS, CONFIDENTIALITY AND COORDINATION OF LEAVE UNDER THIS CHAPTER AND
OTHER SECTIONS. THE COMMISSIONER SHALL PROVIDE SUCH OUTREACH INFORMATION
IN AS MANY LANGUAGES AND AS FREQUENTLY AS THE COMMISSIONER DEEMS NECES-
SARY TO PROVIDE ADEQUATE NOTICE.
S 10. 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 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 chair-
man if it can be shown to the satisfaction of the chairman not to have
been reasonably possible to furnish such notice and that such notice was
furnished as soon as possible. On demand of the chairman the employer
or carrier shall forthwith deliver to the chairman PROOF OF DISABILITY,
INCLUDING IF RELEVANT the original or a true copy of the attending
physician's or attending podiatrist's or accredited practitioner's
statement, wage and employment data and all other papers in the
possession of the employer or carrier with respect to such claim 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.
Upon such filing, the chairman shall send to the parties a copy of the
decision. Either party may present evidence and be represented by coun-
sel 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
S. 5296 10
making thereof at the rate provided in section five thousand four of the
civil practice law and rules.
S 11. Subdivision 2 of section 229 of the workers' compensation law,
as added by chapter 271 of the laws of 1985, is amended to read as
follows:
2. Whenever an employee of a covered employer who is eligible for
benefits under section two hundred four of this article shall be absent
from work due to a disability as defined in subdivision nine of section
two hundred one of this article for more than seven consecutive days,
the employer shall provide the employee with a written statement of the
employee's rights under this article in a form prescribed by the chair-
man. The statement shall be provided to the employee within five busi-
ness days after the employee's seventh consecutive day of absence due to
disability or within five business days after the employer knows or
should know that the employee's absence is due to disability, whichever
is later. EACH COVERED EMPLOYER SHALL PROVIDE EACH EMPLOYEE WITH A TYPE-
WRITTEN, PRINTED OR ELECTRONIC NOTICE IN A FORM PRESCRIBED BY THE CHAIR,
STATING THAT THE EMPLOYER HAS PROVIDED FOR THE PAYMENT OF DISABILITY
BENEFITS AS REQUIRED BY THIS ARTICLE WITHIN THIRTY DAYS OF THE EFFECTIVE
DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN 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 12. 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-
S. 5296 11
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 13. 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 OR SICKNESS TO OR PREGNANCY OF AN EMPLOYEE, OR ALL, except
as specified in item (ii) [hereof] OF THIS PARAGRAPH; and (ii) non-can-
cellable disability insurance, meaning insurance against disability
resulting from sickness, ailment or bodily injury (but excluding insur-
ance solely against accidental injury) under any contract which does not
give the insurer the option to cancel or otherwise terminate the
contract at or after one year from its effective date or renewal date.
S 14. This act shall take effect immediately; provided, however, that:
(a) Sections one, two, three, three-a, three-b, three-c, four, five,
six, seven, seven-a, seven-b, eight, nine, nine-a, ten, eleven and thir-
teen 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 seven-b 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 eight of this act allowing public employers to opt in
to family care benefits prior to July 1, 2014, shall take effect imme-
diately.
(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.
