S T A T E O F N E W Y O R K
________________________________________________________________________
6026
2021-2022 Regular Sessions
I N S E N A T E
March 30, 2021
___________
Introduced by Sen. COMRIE -- 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 providing
family leave in the event of a stillbirth or miscarriage
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) TO MOURN
THE LOSS OF A STILLBORN CHILD; (D) TO MOURN THE LOSS OF A CHILD AS A
RESULT OF A MISCARRIAGE; OR (E) 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.
§ 2. Section 204 of the workers' compensation law is amended by adding
two new subdivisions 3 and 4 to read as follows:
3. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE WEEKLY
BENEFIT FOR FAMILY LEAVE TAKEN PURSUANT TO PARAGRAPH (C) OF SUBDIVISION
FIFTEEN OF SECTION TWO HUNDRED ONE OF THIS ARTICLE SHALL NOT EXCEED FOUR
WEEKS DURING ANY FIFTY-TWO WEEK CALENDAR PERIOD AND SHALL BE SIXTY-SEVEN
PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGES BUT SHALL NOT EXCEED
SIXTY-SEVEN PERCENT OF THE NEW YORK STATE AVERAGE WEEKLY WAGE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10710-01-1
S. 6026 2
4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE WEEKLY
BENEFIT FOR FAMILY LEAVE TAKEN PURSUANT TO PARAGRAPH (D) OF SUBDIVISION
FIFTEEN OF SECTION TWO HUNDRED ONE OF THIS ARTICLE SHALL NOT EXCEED ONE
WEEK DURING ANY FIFTY-TWO WEEK CALENDAR PERIOD AND SHALL BE SIXTY-SEVEN
PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGES BUT SHALL NOT EXCEED
SIXTY-SEVEN PERCENT OF THE NEW YORK STATE AVERAGE WEEKLY WAGE.
§ 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 A STILLBIRTH OR A MISCARRIAGE, 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 THE LOSS OF A STILLBORN CHILD, A CERTIFICATE OF STILLBIRTH SHALL
SERVE AS PROOF OF NEED OF LEAVE. IN THE EVENT THAT THE CLAIMANT IS
ELIGIBLE FOR FAMILY LEAVE DUE TO A MISCARRIAGE, A CERTIFICATE OF STILL-
BIRTH OR A FETAL 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-
S. 6026 3
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
medical condition, or a minor so long as such person has no guardian of
the person and/or property.
§ 5. This act shall take effect on the thirtieth day after it shall
have become a law.