S T A T E O F N E W Y O R K
________________________________________________________________________
6958
2021-2022 Regular Sessions
I N A S S E M B L Y
April 14, 2021
___________
Introduced by M. of A. GONZALEZ-ROJAS -- read once and referred to the
Committee on Labor
AN ACT to amend the workers' compensation law, in relation to paid fami-
ly leave and bereavement for miscarriage, fetal death, still birth,
and an infant being medically not viable to survive
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; 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 quali-
fying 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 MISCARRIAGE,
FETAL DEATH OR STILL BIRTH OF AN INFANT BORN TO THE EMPLOYEE OR THE
EMPLOYEE'S SPOUSE, DOMESTIC PARTNER OR PERSON ACTING AS A SURROGATE FOR
THE EMPLOYEE, OR DUE TO THE EMPLOYEE'S INFANT BEING DECLARED MEDICALLY
NOT VIABLE TO SURVIVE BIRTH BY A PHYSICIAN LICENSED UNDER ARTICLE ONE
HUNDRED THIRTY-ONE OF THE EDUCATION LAW.
§ 2. Paragraphs (a) and (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, are amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10714-01-1
A. 6958 2
(a) For more than twelve weeks, or the maximum duration permitted as
set forth in paragraph (a) of subdivision two of section two hundred
four of this article, during a period of fifty-two consecutive calendar
weeks, 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, OR FOR MORE THAN FIVE DAYS
WHEN SUCH FAMILY LEAVE IS TAKEN PURSUANT TO PARAGRAPH (D) OF SUBDIVISION
FIFTEEN OF SECTION TWO HUNDRED ONE OF THIS ARTICLE;
(b) For any period of family leave wherein the notice and medical
certification, FETAL DEATH CERTIFICATE, CERTIFICATE OF STILL BIRTH 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 is the recipi-
ent of care may be required to submit to a physical examination by a
qualified health care provider UNLESS SUCH FAMILY MEMBER IS UNABLE TO BE
EXAMINED DUE TO DEATH, MISCARRIAGE, FETAL DEATH, OR STILL BIRTH. 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 FETAL DEATH CERTIFICATE, CERTIFICATE OF STILL BIRTH,
OR DEATH CERTIFICATE SHALL SERVE AS PROOF OF NEED OF LEAVE. Failure to
A. 6958 3
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 possi-
ble; provided, however, that no benefits shall be paid unless the
required proof of disability is furnished within 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 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.
§ 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, MISCARRIAGE, FETAL
DEATH, OR STILL BIRTH, 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,
MISCARRIAGE, FETAL DEATH, OR STILL BIRTH, 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, 2022.