The New York State Senate

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

                                  4694

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 21, 2019
                               ___________

Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the workers' compensation law, in relation to paid fami-
  ly leave and bereavement

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

  Section  1. Subdivision 15 of section 201 of the workers' compensation
law, as added by section 2 of part SS of chapter 54 of the laws of 2016,
is amended to read as follows:
  15. "Family leave" shall mean any leave  taken  by  an  employee  from
work:    (a)  to  participate  in  providing care, including physical or
psychological care, for a family member of the employee  made  necessary
by a serious health condition of the family member INCLUDING BEREAVEMENT
UPON THE DEATH OF SUCH FAMILY MEMBER; or (b) to bond with the employee's
child  during  the  first  twelve months after the child's birth, or the
first twelve months after the placement of the  child  for  adoption  or
foster care with the employee; or (c) because of any 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;  OR  (D)  LEAVE
TAKEN  FOR  THE  PURPOSES  OF  BEREAVEMENT  DUE TO THE DEATH OF A FAMILY
MEMBER.
  § 2. Paragraph (b) of subdivision 2 of section  205  of  the  workers'
compensation  law, as added by section 6 of part SS of chapter 54 of the
laws of 2016, is amended to read as follows:
  (b) For any period of family leave  wherein  the  notice  and  medical
certification,  OR DEATH CERTIFICATE, as prescribed by the chair has not
been filed. At the discretion of the chair or chair's designee  pursuant
to section two hundred twenty-one of this article, the family member who

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

                                                           LBD08404-01-9

S. 4694                             2

is  the  recipient of care may be required to submit to a physical exam-
ination by a qualified health care provider UNLESS SUCH FAMILY MEMBER IS
UNABLE TO BE EXAMINED DUE TO DEATH. Such examination shall be  paid  for
by the carrier; and
  § 3. Subdivision 5 of section 205 of the workers' compensation law, as
added  by  section  6  of  part SS of chapter 54 of the laws of 2016, is
amended to read as follows:
  5. In any case in which the necessity for family leave is  foreseeable
based  on an expected birth or placement, the employee shall provide the
employer with not less than thirty days notice before the date the leave
is to begin, of the employee's intention to take family leave under this
article, except that if the date of  the  birth  or  placement  requires
leave to begin in less than thirty days, the employee shall provide such
notice  as is practicable. In any case in which the necessity for family
leave is foreseeable based on planned medical  treatment,  the  employee
shall provide the employer with not less than thirty days notice, before
the date the leave is to begin, of the employees intention to take fami-
ly  leave  under  this article, except that if the date of the treatment
requires leave to begin in less than thirty  days,  the  employee  shall
provide  such notice as is practicable.  IN THE CASE OF FAMILY LEAVE DUE
TO BEREAVEMENT NOTICE SHALL BE PROVIDED AS SOON AS PRACTICABLE.
  § 4. Subdivision 1 of section 217 of the workers' compensation law, as
amended by section 16 of part SS of chapter 54 of the laws of  2016,  is
amended to read as follows:
  1.  Written notice and proof of disability or proof of need for family
leave shall be furnished to the employer by or on behalf of the employee
claiming benefits or, in the  case  of  a  claimant  under  section  two
hundred  seven  of  this article, to the chair, within thirty days after
commencement of the period of  disability.  Additional  proof  shall  be
furnished  thereafter  from  time  to time as the employer or carrier or
chair may require but not more often than once  each  week.  Such  proof
shall  include  a  statement  of  disability by the employee's attending
physician or attending podiatrist or attending chiropractor or attending
dentist or attending psychologist or attending certified  nurse  midwife
or family leave care recipient's health care provider, or in the case of
an  employee  who  adheres  to  the  faith or teachings of any church or
denomination, and who in accordance with its creed, tenets or principles
depends for healing upon prayer through spiritual  means  alone  in  the
practice  of  religion,  by an accredited practitioner, containing facts
and opinions as to such disability in compliance with regulations of the
chair. IN THE EVENT THAT THE CLAIMANT IS ELIGIBLE FOR FAMILY  LEAVE  DUE
TO  BEREAVEMENT,  A  DEATH  CERTIFICATE  SHALL SERVE AS PROOF OF NEED OF
LEAVE. Failure to furnish notice or proof within the  time  and  in  the
manner  above  provided  shall  not invalidate the claim but no benefits
shall be required to be paid for any period more than two weeks prior to
the date on which the required proof is furnished  unless  it  shall  be
shown  to  the  satisfaction  of  the  chair not to have been reasonably
possible to furnish such notice or proof and that such notice  or  proof
was  furnished  as soon as possible; provided, however, that no benefits
shall be paid unless the required proof of disability is furnished with-
in the period of actual disability or family leave that does not  exceed
the statutory maximum period permitted under section two hundred four of
this  article.  No limitation of time provided in this section shall run
as against any disabled employee who is mentally incompetent,  or  phys-
ically  incapable  of  providing  such  notice  as a result of a serious

S. 4694                             3

medical condition, or a minor so long as such person has no guardian  of
the person and/or property.
  §  5. Subdivisions 3 and 4 of section 217 of the workers' compensation
law, as amended by section 16 of part SS of chapter 54 of  the  laws  of
2016, are amended to read as follows:
  3.  The  chair  or  chair's  designee, pursuant to section two hundred
twenty-one of this article, may direct the claimant or family leave care
recipient to submit to examination by a health care provider  designated
by  him  or  her  in any case in which the claim to disability or family
leave benefits is contested and in  claims  arising  under  section  two
hundred  seven of this article, and in other cases as the chair or board
may require. IN THE EVENT THAT THE FAMILY MEMBER  OR  THE  FAMILY  LEAVE
CARE RECIPIENT IS UNABLE TO BE EXAMINED DUE TO DEATH, THIS SECTION SHALL
NOT APPLY.
  4. Refusal of the claimant or family leave care recipient without good
cause to submit to any such examination shall disqualify the claimant or
employee  from  all  benefits  hereunder for the period of such refusal,
except as to benefits already paid. IN THE EVENT THAT THE FAMILY  MEMBER
OR  FAMILY  LEAVE  CARE RECIPIENT IS UNABLE TO BE EXAMINED DUE TO DEATH,
THIS SECTION SHALL NOT APPLY.
  § 6. This act shall take effect immediately and  shall  apply  to  all
policies  or  contracts issued, renewed, modified, altered or amended on
or after January 1, 2021.