S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8465
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 29, 2023
                                ___________
 
 Introduced  by M. of A. FORREST -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to the  maxi-
   mum amount of family leave time
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (a) of subdivision 2 of section 204 of the  work-
 ers' compensation law, as added by section 5 of part SS of chapter 54 of
 the laws of 2016, is amended to read as follows:
   (a)  The  weekly  benefit for family leave that occurs (i) on or after
 January first, two thousand eighteen shall not exceed eight weeks during
 any fifty-two week calendar period and shall be  fifty  percent  of  the
 employee's average weekly wage but shall not exceed fifty percent of the
 state  average weekly wage, (ii) on or after January first, two thousand
 nineteen shall not exceed ten weeks during any fifty-two  week  calendar
 period  and shall be fifty-five percent of the employee's average weekly
 wage but shall not exceed fifty-five percent of the state average weekly
 wage, (iii) on or after January first, two  thousand  twenty  shall  not
 exceed  ten weeks during any fifty-two week calendar period and shall be
 sixty percent of the employee's average weekly wage but shall not exceed
 sixty percent of the state average weekly wage, and  (iv)  on  or  after
 January  first  of each succeeding year, shall not exceed [twelve] TWEN-
 TY-SIX weeks during any fifty-two week  calendar  period  and  shall  be
 [sixty-seven]  ONE HUNDRED percent of the employee's average weekly wage
 but shall not exceed [sixty-seven] EIGHTY percent of the New York  state
 average weekly wage in effect.  The superintendent of financial services
 shall have discretion to delay the increases in the family leave benefit
 level  provided in subparagraphs (ii), (iii), and (iv) of this paragraph
 by one or more calendar years.  In  determining  whether  to  delay  the
 increase in the family leave benefit for any year, the superintendent of
 financial  services shall consider: (1) the current cost to employees of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13722-01-3
              

 A. 8465                             2
 
 the family leave benefit and any expected change in the cost  after  the
 benefit  increase;  (2) the current number of insurers issuing insurance
 policies with a family leave benefit and  any  expected  change  in  the
 number of insurers issuing such policies after the benefit increase; (3)
 the  impact of the benefit increase on employers' business and the over-
 all stability of the program to the extent that information  is  readily
 available;  (4)  the  impact  of  the  benefit increase on the financial
 stability of the disability and family leave insurance market and carri-
 ers; and (5) any additional factors that the superintendent of financial
 services deems relevant. If the  superintendent  of  financial  services
 delays  the  increase  in the family leave benefit level for one or more
 calendar years, the family leave benefit level that  shall  take  effect
 immediately  following  the  delay  shall be the same benefit level that
 would have taken effect but for the delay. The weekly benefits for fami-
 ly leave that occurs on or after January first,  two  thousand  eighteen
 shall  not  be less than one hundred dollars per week except that if the
 employee's wages at the time of family leave are less than  one  hundred
 dollars  per  week,  the  employee  shall receive his or her full wages.
 Benefits may be payable to employees for paid family leave taken  inter-
 mittently  or  for  less than a full work week in increments of one full
 day or one fifth of the weekly benefit.
   § 2. 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:
   2.  No  employee shall be entitled to family leave benefits under this
 article:
   (a) For more than [twelve] TWENTY-SIX 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  consec-
 utive  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];
   (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  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. Such examination shall be  paid  for  by
 the carrier; and
   (c)  As  a  condition of an employee's initial receipt of family leave
 benefits during any fifty-two consecutive calendar  weeks  in  which  an
 employee  is  eligible  for  these  benefits,  an  employer may offer an
 employee who has accrued but unused  vacation  time  or  personal  leave
 available at the time of use of available family leave to choose whether
 to  charge  all  or  part of the family leave 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.  An
 employer  that  pays  full  salary  during  a period of family leave may
 request reimbursement in accordance with section two hundred thirty-sev-
 en 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  concur-
 rently  use  available  family  medical  leave act and paid family leave
 credits. In no  event  can  an  employee  utilize  family  leave  beyond
 [twelve]  TWENTY-SIX  weeks,  or  the  maximum duration permitted as set
 A. 8465                             3
 
 forth in paragraph (a) of subdivision two of section two hundred four of
 this article, per any fifty-two week period set forth in  this  article.
 This paragraph may not be construed in a manner that relieves an employ-
 er  of  any  duty  of  collective  bargaining the employer may have with
 respect to the subject matter of this paragraph.
   § 3. This act shall take effect immediately.