S. 3301--A 2
A. LESS THAN EIGHTEEN YEARS OF AGE; OR
B. EIGHTEEN YEARS OF AGE OR OLDER AND INCAPABLE OF SELF-CARE BECAUSE
OF A MENTAL OR PHYSICAL DISABILITY.
17. "DOMESTIC PARTNER" HAS THE SAME MEANING SET FORTH IN SUBDIVISION
ONE OF SECTION FOUR OF THIS CHAPTER.
18. "SERIOUS HEALTH CONDITION" MEANS AN ILLNESS, INJURY, IMPAIRMENT,
OR PHYSICAL OR MENTAL CONDITION THAT:
A. REQUIRES INPATIENT CARE IN A HOSPITAL, HOSPICE OR RESIDENTIAL
HEALTH CARE FACILITY; OR
B. REQUIRES CONTINUING TREATMENT BY A HEALTH CARE PROVIDER.
19. "PARENT" MEANS A BIOLOGICAL OR ADOPTIVE PARENT OR STEP-PARENT OF
AN EMPLOYEE, OR A PERSON WHO STOOD IN PARENTAL RELATIONSHIP TO AN
EMPLOYEE WHEN THE EMPLOYEE WAS:
A. LESS THAN EIGHTEEN YEARS OF AGE; OR
B. EIGHTEEN YEARS OF AGE OR OLDER AND INCAPABLE OF SELF-CARE BECAUSE
OF A MENTAL OR PHYSICAL DISABILITY.
20. "FAMILY MEMBER" MEANS A CHILD, SPOUSE, DOMESTIC PARTNER, PARENT,
GRANDCHILD, GRANDPARENT, OR MOTHER OR FATHER OF A DOMESTIC PARTNER.
21. "PERSONS WHO STAND IN PARENTAL RELATIONSHIP TO A CHILD" INCLUDE
THOSE WITH DAY-TO-DAY RESPONSIBILITIES TO CARE FOR AND PROVIDE FINANCIAL
SUPPORT OF A CHILD, OR, IN THE CASE OF AN EMPLOYEE, WHO HAD SUCH RESPON-
SIBILITY FOR THE EMPLOYEE WHEN THE EMPLOYEE WAS A CHILD. A BIOLOGICAL OR
LEGAL RELATIONSHIP SHALL NOT BE NECESSARY.
22. "GRANDCHILD" MEANS THE CHILD OF A CHILD.
23. "HEALTH CARE PROVIDER" MEANS A HEALTH CARE PRACTITIONER WHO IS
LICENSED UNDER THE RELEVANT FEDERAL OR STATE LAWS TO PROVIDE MEDICAL,
EMERGENCY OR HEALTH SERVICES, AND IS TREATING AN EMPLOYEE OR A FAMILY
MEMBER FOR A SERIOUS HEALTH CONDITION.
S 3. Section 203 of the workers' compensation law, as amended by chap-
ter 436 of the laws of 1986, is amended to read as follows:
S 203. Employees eligible for benefits under section two hundred four
OF THIS ARTICLE. Employees in employment of a covered employer for four
or more consecutive weeks and employees in employment during the work
period usual to and available during such four or more consecutive weeks
in any trade or business in which they are regularly employed and in
which hiring from day to day of such employees is the usual employment
practice shall be eligible for disability AND FAMILY LEAVE benefits as
provided in section two hundred four OF THIS ARTICLE. EVERY SUCH
EMPLOYEE SHALL CONTINUE TO BE ELIGIBLE FOR FAMILY LEAVE BENEFITS ONLY
DURING EMPLOYMENT WITH A COVERED EMPLOYER. Every such employee shall
continue to be eligible FOR DISABILITY BENEFITS during such employment
and for a period of four weeks after such employment terminates regard-
less of whether the employee performs any work for remuneration or
profit in non-covered employment. If during such four week period the
employee performs any work for remuneration or profit for another
covered employer the employee shall become eligible for DISABILITY bene-
fits immediately with respect to that employment. In addition every such
employee who HAS PREVIOUSLY COMPLETED FOUR OR MORE CONSECUTIVE WEEKS IN
EMPLOYMENT WITH THE COVERED EMPLOYER AND returns to work with the same
employer after an agreed and specified unpaid leave of absence or vaca-
tion without pay shall become eligible for DISABILITY AND FAMILY LEAVE
benefits immediately with respect to such employment. An employee who
during a period in which he or she is eligible to receive benefits under
subdivision two of section two hundred seven OF THIS ARTICLE returns to
employment with a covered employer and an employee who is currently
receiving unemployment insurance benefits or benefits under section two
S. 3301--A 3
hundred seven OF THIS ARTICLE and who returns to employment with a
covered employer shall become eligible for DISABILITY benefits imme-
diately with respect to such employment. An employee regularly in the
employment of a single employer on a work schedule less than the employ-
er's normal work week shall become eligible for DISABILITY AND FAMILY
LEAVE benefits on the twenty-fifth day of such regular employment. An
employee who [becomes disabled while] IS eligible for DISABILITY AND
FAMILY LEAVE benefits in the employment of a covered employer shall not
be deemed, for the purposes of this article, to have such employment
terminated during any period he or she is eligible to receive benefits
under section two hundred four OF THIS ARTICLE with respect to such
employment.
S 4. The workers' compensation law is amended by adding two new
sections 203-a and 203-b to read as follows:
S 203-A. RETALIATORY ACTION PROHIBITED. 1. THE PROVISIONS OF SECTION
ONE HUNDRED TWENTY OF THIS CHAPTER AND SECTION TWO HUNDRED FORTY-ONE OF
THIS ARTICLE SHALL BE APPLICABLE TO FAMILY CARE LEAVE AS IF FULLY SET
FORTH IN THIS SECTION.
2. NOTHING IN THIS SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS,
PRIVILEGES OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE BARGAINING
AGREEMENT OR EMPLOYMENT CONTRACT; EXCEPT THAT THE INSTITUTION OF AN
ACTION IN ACCORDANCE WITH THIS SECTION SHALL BE DEEMED A WAIVER OF THE
RIGHTS AND REMEDIES AVAILABLE UNDER ANY OTHER CONTRACT OR COLLECTIVE
BARGAINING AGREEMENT.
S 203-B. FAMILY CARE LEAVE. ANY ELIGIBLE EMPLOYEE OF A COVERED EMPLOY-
ER WHO TAKES FAMILY CARE LEAVE ON OR AFTER JANUARY FIRST, TWO THOUSAND
SEVENTEEN UNDER THIS SECTION SHALL BE ENTITLED, ON RETURN FROM SUCH
LEAVE, TO BE RESTORED BY HIS OR HER EMPLOYER TO THE POSITION OF EMPLOY-
MENT 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 SUCH 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 IF FULLY SET FORTH IN THIS SECTION.
S 5. Subdivision 2 of section 204 of the workers' compensation law, as
amended by chapter 38 of the laws of 1989, is amended and a new subdivi-
sion 3 is added to read as follows:
2. [The] FOR PURPOSES OF A DISABILITY DEFINED IN PARAGRAPH A OR B OF
SUBDIVISION NINE OF SECTION TWO HUNDRED ONE OF THIS ARTICLE, THE weekly
benefit which the disabled employee is entitled to receive for disabili-
ty commencing on or after May first, nineteen hundred eighty-nine shall
be one-half of the employee's weekly wage, but in no case shall such
benefit exceed one hundred seventy dollars; except that if the employ-
ee's average weekly wage is less than twenty dollars, the benefit shall
be such average weekly wage. The weekly benefit which the disabled
employee is entitled to receive for disability commencing on or after
July first, nineteen hundred eighty-four shall be one-half of the
employee's weekly wage, but in no case shall such benefit exceed one
hundred forty-five dollars; except that if the employee's average weekly
S. 3301--A 4
wage is less than twenty dollars, the benefit shall be such average
weekly wage. The weekly benefit which the disabled employee is entitled
to receive for disability commencing on or after July first, nineteen
hundred eighty-three and prior to July first, nineteen hundred eighty-
four shall be one-half of the employee's average weekly wage, but in no
case shall such benefit exceed one hundred thirty-five dollars nor be
less than twenty dollars; except that if the employee's average weekly
wage is less than twenty dollars the benefit shall be such average week-
ly wage. The weekly benefit which the disabled employee is entitled to
receive for disability commencing on or after July first, nineteen
hundred seventy-four, and prior to July first, nineteen hundred eighty-
three, shall be one-half of the employee's average weekly wage, but in
no case shall such benefit exceed ninety-five dollars nor be less than
twenty dollars; except that if the employee's average weekly wage is
less than twenty dollars, the benefit shall be such average weekly wage.
The weekly benefit which the disabled employee is entitled to receive
for disability commencing on or after July first, nineteen hundred
seventy and prior to July first, nineteen hundred seventy-four shall be
one-half of the employee's average weekly wage, but in no case shall
such benefit exceed seventy-five dollars nor be less than twenty
dollars; except that if the employee's average weekly wage is less than
twenty dollars the benefit shall be such average weekly wage. For any
period of disability less than a full week, the benefits payable shall
be calculated by dividing the weekly benefit by the number of the
employee's normal work days per week and multiplying the quotient by the
number of normal work days in such period of disability. The weekly
benefit for a disabled employee who is concurrently eligible for bene-
fits in the employment of more than one covered employer shall, within
the maximum and minimum herein provided, be one-half of the total of the
employee's average weekly wages received from all such covered employ-
ers, and shall be allocated in the proportion of their respective aver-
age weekly wage payments.
3. FOR PURPOSES OF A DISABILITY DEFINED IN PARAGRAPH C OF SUBDIVISION
NINE OF SECTION TWO HUNDRED ONE OF THIS ARTICLE, THE WEEKLY BENEFIT ON
WHICH AN EMPLOYEE ON FAMILY CARE LEAVE IS ENTITLED TO RECEIVE FOR DISA-
BILITY COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN
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 DEPARTMENT 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 SHALL BE SEVENTY PERCENT
OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE, BUT IN NO CASE SHALL SUCH BENEFIT
EXCEED FORTY PERCENT OF THE STATEWIDE AVERAGE WEEKLY WAGE AS DETERMINED
BY THE DEPARTMENT 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
NINETEEN SHALL BE SEVENTY-FIVE 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 DEPARTMENT PURSUANT
TO SUBDIVISION SIXTEEN OF SECTION TWO OF THIS CHAPTER. THE WEEKLY BENE-
FIT WHICH THE DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR DISABILITY
COMMENCING ON OR AFTER APRIL FIRST, TWO THOUSAND TWENTY AND SUBSEQUENTLY
SHALL BE EIGHTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT IN NO
CASE SHALL SUCH BENEFIT EXCEED FIFTY PERCENT OF THE STATEWIDE AVERAGE
S. 3301--A 5
WEEKLY WAGE AS DETERMINED BY THE DEPARTMENT PURSUANT TO SUBDIVISION
SIXTEEN OF SECTION TWO OF THIS CHAPTER.
S 6. Section 205 of the workers' compensation law, as added by chapter
600 of the laws of 1949, subdivision 1 as amended by chapter 651 of the
laws of 1958, subdivision 2 as amended by chapter 270 of the laws of
1990, subdivision 5 as amended by chapter 288 of the laws of 1970, and
subdivisions 3, 4, 5, 6, 7 and 8 as renumbered by chapter 352 of the
laws of 1981, is amended to read as follows:
S 205. Disabilities, FAMILY LEAVE and [disability] periods for which
benefits are not payable. 1. No employee shall be entitled to DISABILITY
benefits under this article:
[1. For] (A) FOR more than twenty-six weeks during a period of fifty-
two consecutive calendar weeks or during any one period of disability,
OR FOR MORE THAN TWENTY-SIX WEEKS MINUS ANY DAYS TAKEN FOR FAMILY LEAVE
DURING ANY FIFTY-TWO CONSECUTIVE CALENDAR WEEKS;
[2.] (B) for any period of disability during which an employee is not
under the care of a duly licensed [physician or with respect to disabil-
ity 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 psychologist of the state of New York or with respect to a
disability resulting from a condition which may lawfully be treated by a
duly certified nurse midwife,] HEALTH CARE PROVIDER; AND for any period
of such disability during which an employee is neither under the care of
a physician nor a podiatrist, nor a chiropractor, nor a dentist, nor a
psychologist, nor a certified nurse midwife; and for any period of disa-
bility during which 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, is not under the care of a practi-
tioner duly accredited by the church or denomination, and provided such
employee shall submit to all physical examinations as required by this
chapter.
2. NO EMPLOYEE SHALL BE ENTITLED TO FAMILY LEAVE BENEFITS UNDER THIS
ARTICLE:
(A) FOR MORE THAN TWELVE WEEKS DURING A PERIOD OF FIFTY-TWO CONSEC-
UTIVE CALENDAR WEEKS, OR WHEN AN EMPLOYEE HAS ALREADY RECEIVED
TWENTY-SIX WEEKS OF DISABILITY BENEFITS, OR FOR ANY PERIOD IN WHICH THE
FAMILY LEAVE COMBINED WITH THE DISABILITY BENEFITS PREVIOUSLY PAID
EXCEEDS TWENTY-SIX WEEKS DURING THE SAME FIFTY-TWO CONSECUTIVE CALENDAR
WEEKS;
(B) FOR ANY PERIOD OF FAMILY LEAVE WHEREIN THE NOTICE AND MEDICAL
CERTIFICATION AS PRESCRIBED BY THE CHAIR HAS NOT BEEN FILED. AT THE
DISCRETION OF THE CHAIR OR CHAIR'S DESIGNEE, THE FAMILY MEMBER WHO IS
THE RECIPIENT OF CARE MAY BE REQUIRED TO SUBMIT TO A PHYSICAL EXAMINA-
TION BY A QUALIFIED HEALTH CARE PROVIDER. SUCH EXAMINATION SHALL BE PAID
FOR BY THE CARRIER.
(C) AS A CONDITION OF AN EMPLOYEE'S INITIAL RECEIPT OF FAMILY LEAVE
BENEFITS DURING ANY TWELVE-MONTH PERIOD IN WHICH AN EMPLOYEE IS ELIGIBLE
FOR THESE BENEFITS, AN EMPLOYER MAY REQUIRE AN EMPLOYEE WHO HAS ACCRUED
BUT UNUSED VACATION TIME OR PERSONAL LEAVE AVAILABLE AT THE TIME OF USE
S. 3301--A 6
OF AVAILABLE FAMILY LEAVE TO CHOOSE WHETHER TO CHARGE TIME TO ACCRUED
BUT UNUSED VACATION OR PERSONAL LEAVE, AND RECEIVE FULL SALARY, OR TO
NOT CHARGE TIME TO ACCRUED BUT UNUSED VACATION OR PERSONAL LEAVE, AND
RECEIVE THE BENEFIT AS SET FORTH IN SECTION TWO HUNDRED FOUR OF THIS
ARTICLE. WITH THE ELECTION OF EITHER OPTION, THE EMPLOYEE SHALL RECEIVE
THE FULL PROTECTION OF THE REINSTATEMENT PROVISION SET FORTH IN SECTION
TWO HUNDRED THREE-B OF THIS ARTICLE, AND SHALL CONCURRENTLY USE AVAIL-
ABLE FAMILY MEDICAL LEAVE ACT AND PAID FAMILY LEAVE CREDITS. IN NO EVENT
CAN AN EMPLOYEE UTILIZE FAMILY LEAVE BEYOND THE TWELVE WEEKS PER ANY
FIFTY-TWO WEEK PERIOD SET FORTH IN THIS ARTICLE. THIS PARAGRAPH MAY NOT
BE CONSTRUED IN A MANNER THAT RELIEVES AN EMPLOYER OF ANY DUTY OF
COLLECTIVE BARGAINING THE EMPLOYER MAY HAVE WITH RESPECT TO THE SUBJECT
MATTER OF THIS PARAGRAPH.
3. NO EMPLOYEE SHALL BE ENTITLED TO DISABILITY OR FAMILY LEAVE BENE-
FITS UNDER THIS ARTICLE:
(A) for any disability 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.] (B) for any day of disability OR FAMILY LEAVE during which the
employee performed work for remuneration or profit;
[5.] (C) for any day of disability OR FAMILY LEAVE for which the
employee is entitled to receive from his OR HER employer, or from a fund
to which the employer has contributed, remuneration or maintenance in an
amount equal to or greater than that to which he OR SHE would be enti-
tled under this article; but any voluntary contribution or aid which an
employer may make to an employee or any supplementary benefit paid to an
employee pursuant to the provisions of a collective bargaining agreement
or from a trust fund to which contributions are made pursuant to the
provisions of a collective bargaining agreement shall not be considered
as continued remuneration or maintenance for this purpose;
[6.] (D) for any period in respect to which such employee is subject
to suspension or disqualification of the accumulation of unemployment
insurance benefit rights, or would be subject if he OR SHE were eligible
for such benefit rights, except for ineligibility resulting from the
employee's disability;
[7.] (E) for any disability due to any act of war, declared or unde-
clared[, if such act shall occur after June thirtieth, nineteen hundred
fifty];
[8.] (F) for any disability OR FAMILY LEAVE commencing before the
employee becomes eligible to benefits [hereunder or commencing prior to
July first, nineteen hundred fifty, but this shall not preclude benefits
for recurrence after July first, nineteen hundred fifty, of a disability
commencing prior thereto] UNDER THIS SECTION.
4. AN EMPLOYEE WHO HAS GIVEN BIRTH SHALL SELECT WHETHER SHE WILL SEEK
BENEFITS PURSUANT TO SUBDIVISION ONE OR TWO OF THIS SECTION. AN EMPLOYEE
MAY NOT SEEK BENEFITS CONCURRENTLY UNDER BOTH SUBDIVISIONS ONE AND TWO
OF THIS SECTION FOLLOWING CHILDBIRTH.
S 7. Section 209 of the workers' compensation law, as added by chapter
600 of the laws of 1949, subdivision 3 as amended by chapter 415 of the
laws of 1983 and subdivision 4 as amended by chapter 134 of the laws of
1952, is amended to read as follows:
S 209. Contribution of employees for disability AND FAMILY LEAVE bene-
fits. 1. Every employee in the employment of a covered employer shall[,
on and after January first, nineteen hundred fifty,] contribute to the
cost of providing disability AND AFTER JANUARY FIRST, TWO THOUSAND
S. 3301--A 7
SEVENTEEN, FAMILY LEAVE benefits under this article, to the extent and
in the manner herein provided.
2. The special contribution of each such employee to the accumulation
of funds to provide benefits for disabled unemployed shall be as
provided in subdivision one of section two hundred fourteen OF THIS
ARTICLE.
3. (A) DISABILITY BENEFITS. 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 OR HER on and
after July first, nineteen hundred fifty, but not in excess of sixty
cents per week.
(B) FAMILY LEAVE BENEFITS. ON SEPTEMBER FIRST, TWO THOUSAND SIXTEEN
AND ANNUALLY THEREAFTER THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL
SET THE MAXIMUM EMPLOYEE CONTRIBUTION, USING THE REPORTS PROVIDED IN
SECTION TWO HUNDRED EIGHT OF THIS ARTICLE, AND CONSISTENT WITH THE PRIN-
CIPLE THAT THE COSTS OF FAMILY LEAVE SHOULD BE FUNDED ONE HUNDRED
PERCENT BY EMPLOYEE PAYROLL CONTRIBUTION.
4. Notwithstanding any other provision of law, the employer is author-
ized to collect from his employees, except as otherwise provided in any
plan or agreement under the provisions of subdivisions four or five of
section two hundred eleven, the contribution provided under subdivisions
two and three, through payroll deductions. If the employer shall not
make deduction for any payroll period he may thereafter, but not later
than one month after payment of wages, collect such contribution through
payroll deduction.
5. In collecting employee contributions through payroll deductions,
the employer shall act as the agent of his employees and shall use the
contributions only to provide disability benefits as required by this
article. After June thirtieth, nineteen hundred fifty, if the employer
is not providing, or to the extent that he is not then providing, for
the payment of disability benefits to his employees by insuring with the
state fund or with another insurance carrier, he shall keep the contrib-
utions of his employees as trust funds separate and apart from all other
funds of the employer. The payment of such contributions by the employer
to a carrier providing for the payment of such benefits shall discharge
the employer from responsibility with respect to such contributions.
S 8. Section 211 of the workers' compensation law is amended by adding
two new subdivisions 7 and 8 to read as follows:
7. SUCH FAMILY CARE BENEFITS AS ARE PROVIDED FOR IN THIS ARTICLE SHALL
BE IN ADDITION TO, AND SHALL NOT AMEND, REPEAL OR REPLACE, THE TERMS OF
ANY AGREEMENT THAT IS COLLECTIVELY NEGOTIATED BETWEEN AN EMPLOYER AND AN
EMPLOYEE ORGANIZATION, INCLUDING AGREEMENT OR INTEREST ARBITRATION
AWARDS MADE PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
8. NOTHING IN THIS ARTICLE SHALL REQUIRE AN EMPLOYER TO USE THE SAME
CARRIER TO PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE UNDER THIS ARTI-
CLE FOR DISABILITY RESULTING FROM INJURY, SICKNESS TO OR PREGNANCY OF
THE EMPLOYEE AS IT USES TO PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE
UNDER THIS ARTICLE FOR FAMILY CARE. AN EMPLOYER MAY USE A DIFFERENT
MEANS, AMONG THOSE SET FORTH IN SUBDIVISIONS ONE THROUGH FIVE OF THIS
SECTION, TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE FOR DISABILITY
RESULTING FROM INJURY OR SICKNESS TO OR PREGNANCY OF THE EMPLOYEE, FROM
THE MEANS USED TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE FOR FAMILY
CARE.
S 9. The workers' compensation law is amended by adding a new section
211-a to read as follows:
S. 3301--A 8
S 211-A. PUBLIC EMPLOYEES; EMPLOYEE OPTION. 1. FOR PURPOSES OF THIS
SECTION:
(A) "PUBLIC EMPLOYEE" MEANS ANY EMPLOYEE OF THE STATE, ANY POLITICAL
SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY, OR ANY OTHER GOVERNMENTAL
AGENCY OR INSTRUMENTALITY.
(B) "PUBLIC EMPLOYER" MEANS THE STATE, ANY POLITICAL SUBDIVISION OF
THE STATE, A PUBLIC AUTHORITY, OR ANY OTHER GOVERNMENTAL AGENCY OR
INSTRUMENTALITY THEREOF.
(C) "EMPLOYEE ORGANIZATION" SHALL HAVE THE MEANING SET FORTH IN
SECTION TWO HUNDRED ONE OF THE CIVIL SERVICE LAW.
2. PUBLIC EMPLOYERS SHALL PROVIDE BENEFITS FOR FAMILY CARE TO PUBLIC
EMPLOYEES WHERE AN EMPLOYEE ORGANIZATION THAT REPRESENTS THOSE PUBLIC
EMPLOYEES ELECTS TO HAVE FAMILY CARE BENEFITS PROVIDED IN ACCORDANCE
WITH THE PROCEDURES AND TERMS SET FORTH IN SUBDIVISION THREE OF THIS
SECTION.
3. AN EMPLOYEE ORGANIZATION MAY ELECT TO HAVE FAMILY CARE BENEFITS
PROVIDED ON BEHALF OF THE PUBLIC EMPLOYEES IT REPRESENTS:
(A) AT ANY TIME UPON NINETY DAYS NOTICE TO ANY PUBLIC EMPLOYER WHICH
IS NOT PROVIDING DISABILITY BENEFITS FOR INJURY, SICKNESS OR PREGNANCY
OF A PUBLIC EMPLOYEE UNDER SECTION TWO HUNDRED TWELVE OF THIS ARTICLE,
OR WHICH IS SELF-INSURED FOR SUCH BENEFITS;
(B) FOR ANY PUBLIC EMPLOYER WHICH IS PROVIDING DISABILITY BENEFITS FOR
INJURY, SICKNESS OR PREGNANCY OF A PUBLIC EMPLOYEE UNDER SECTION TWO
HUNDRED TWELVE OF THIS ARTICLE, UPON NOTICE AT LEAST NINETY DAYS PRIOR
TO THE EXPIRATION OF THE PUBLIC EMPLOYER'S INSURANCE POLICY FOR SUCH
BENEFITS, WHICH ELECTION SHALL BE EFFECTIVE ONLY FOR THE TIME PERIOD
COVERED BY ANY SUBSEQUENT POLICY OR RENEWAL; OR
(C) AT ANY TIME AS IS MUTUALLY AGREED UPON BETWEEN THE EMPLOYEE ORGAN-
IZATION AND ANY PUBLIC EMPLOYER. AN EMPLOYEE ORGANIZATION THAT HAS
ELECTED TO HAVE THE FAMILY CARE BENEFIT PROVIDED MAY OPT OUT OF IT WITH-
IN THE TIME PERIODS, AND EFFECTIVE UPON THE SAME DATES, SET FORTH IN
THIS PARAGRAPH.
4. IN THE ABSENCE OF ANY CONTRARY STATEMENT IN A COLLECTIVELY NEGOTI-
ATED AGREEMENT UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, A PUBLIC
EMPLOYER MAY REQUIRE PUBLIC EMPLOYEES WHO OPT IN UNDER THIS SECTION TO
CONTRIBUTE THE FAMILY CARE COST AS SET FORTH IN SECTION TWO HUNDRED NINE
OF THIS ARTICLE.
S 10. 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. (A) Written notice and proof of disability shall be furnished to
the employer by or on behalf of the employee claiming benefits or, in
the case of a claimant under section two hundred seven of this article,
to the chair, within thirty days after commencement of the period of
disability. Additional proof shall be furnished thereafter from time to
time as the employer or carrier or chair may require but not more often
than once each week. Such proof shall include:
(I) IN THE CASE OF DISABILITY RESULTING FROM INJURY, SICKNESS OR PREG-
NANCY OF THE EMPLOYEE, a statement of disability by the employee's
attending [physician or attending podiatrist or attending chiropractor
or attending dentist or attending psychologist or attending certified
nurse midwife, or in the case of an employee who adheres to the faith or
teachings of any church or denomination, and who in accordance with its
creed, tenets or principles depends for healing upon prayer through
S. 3301--A 9
spiritual means alone in the practice of religion, by an accredited
practitioner, containing facts and opinions as to such disability in
compliance with regulations of the chair.] HEALTH CARE PROVIDER; AND
(II) IN THE CASE OF FAMILY CARE FOR BONDING WITH A NEW CHILD, A BIRTH
CERTIFICATE, CERTIFICATE OF ADOPTION, OR OTHER COMPETENT EVIDENCE SHOW-
ING THAT THE EMPLOYEE IS THE PARENT OF A CHILD WITHIN TWELVE MONTHS OF
THAT CHILD'S BIRTH OR PLACEMENT FOR ADOPTION OR FOSTER CARE WITH THE
EMPLOYEE.
(B) Failure to furnish notice or proof within the time and in the
manner [above] provided IN PARAGRAPH (A) OF THIS SUBDIVISION shall not
invalidate the claim but no benefits shall be required to be paid for
any period more than two weeks prior to the date on which the required
proof is furnished unless it shall be shown to the satisfaction of the
chair not to have been reasonably possible to furnish such notice or
proof and that such notice or proof was furnished as soon as possible;
provided, however, that no benefits shall be paid unless the required
proof of disability is furnished within twenty-six weeks after commence-
ment of the period of disability. No limitation of time provided in
this section shall run as against any person who is mentally incompe-
tent, or physically incapable of providing such notice as a result of a
serious medical condition, or a minor so long as such person has no
guardian of the person and/or property.
2. An employee claiming benefits FOR THE EMPLOYEE'S INJURY, SICKNESS
OR PREGNANCY shall, as requested by the employer or carrier, submit
himself or herself at intervals, but not more than once a week, for
examination by a [physician or podiatrist or chiropractor or dentist or
psychologist or certified nurse midwife] RELEVANT HEALTH CARE PROVIDER
designated by the employer or carrier. All such examinations shall be
without cost to the employee and shall be held at a reasonable time and
place.
3. The chair may direct the claimant WHO SEEKS DISABILITY BENEFITS FOR
HIS OR HER INJURY, SICKNESS OR PREGNANCY to submit to examination by a
[physician or podiatrist or chiropractor or dentist or psychologist]
RELEVANT HEALTH CARE PROVIDER designated by him or her in any case in
which the claim to disability benefits is contested and in claims aris-
ing under section two hundred seven OF THIS ARTICLE, and in other cases
as the chair or board may require.
4. Refusal of the claimant without good cause to submit to any such
examination shall disqualify [him] THE CLAIMANT from all benefits here-
under for the period of such refusal, except as to benefits already
paid.
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. (A) Whenever an employee of a covered employer who is eligible for
benefits under section two hundred four of this article shall be absent
from work due to a disability as defined in subdivision nine of section
two hundred one of this article for more than seven consecutive days,
the employer shall provide the employee with a written statement of the
employee's rights under this article in a form prescribed by the [chair-
man] CHAIR. The statement shall be provided to the employee within five
business days after the employee's seventh consecutive day of absence
due to disability or within five business days after the employer knows
or should know that the employee's absence is due to disability, which-
ever is later.
S. 3301--A 10
(B) EACH COVERED EMPLOYER SHALL PROVIDE EACH EMPLOYEE WITH A TYPEWRIT-
TEN, PRINTED OR ELECTRONIC NOTICE IN A FORM PRESCRIBED BY THE CHAIR,
STATING THAT THE EMPLOYER HAS PROVIDED FOR THE PAYMENT OF DISABILITY
BENEFITS AS REQUIRED BY THIS ARTICLE WITHIN THIRTY DAYS OF THE EFFECTIVE
DATE OF THIS PARAGRAPH. EACH COVERED EMPLOYER SHALL PROVIDE SUCH NOTICE
TO ALL NEW EMPLOYEES WITHIN THIRTY DAYS OF THEIR FIRST DAY OF WORK.
S 12. 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 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
SUCH ARTICLE FOR FAMILY CARE BENEFITS, AND/OR DISABILITY BENEFITS
RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF AN EMPLOYEE, 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 14. This act shall take effect immediately.
