S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8991--A
 
                           I N  A S S E M B L Y
 
                             February 1, 2024
                                ___________
 
 Introduced  by  M.  of  A. BRONSON, GONZALEZ-ROJAS, ARDILA, RAGA, LUCAS,
   HEVESI -- read once and referred to the Committee on Labor  --  recom-
   mitted  to  the Committee on Labor in accordance with Assembly Rule 3,
   sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN ACT to amend the workers' compensation law, in relation to the weekly
   benefit of a disabled employee
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title.  This act shall be known and may be  cited  as
 the "equity in leave act".
   §  2.  Paragraph  (b)  of subdivision 2 of section 204 of the workers'
 compensation law, as amended by section 5 of part SS of  chapter  54  of
 the laws of 2016, is amended to read as follows:
   (b)  THE  WEEKLY  BENEFIT  WHICH  THE DISABLED EMPLOYEE IS ENTITLED TO
 RECEIVE FOR DISABILITY COMMENCING: (I) ON OR AFTER  JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-SIX  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 TWENTY-SEVEN
 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-EIGHT  SHALL  BE
 SIXTY PERCENT OF THE EMPLOYEE'S WEEKLY AVERAGE 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 BE SIXTY-SEVEN  PERCENT  OF
 THE  EMPLOYEE'S  AVERAGE  WEEKLY  WAGE  BUT SHALL NOT EXCEED SIXTY-SEVEN
 PERCENT OF THE STATE AVERAGE WEEKLY WAGE. The weekly benefit  which  the
 disabled employee is entitled to receive for disability commencing on or
 after  May  first,  nineteen  hundred  eighty-nine  AND PRIOR TO JANUARY
 FIRST, TWO THOUSAND TWENTY-SIX shall be one-half of the employee's week-
 ly wage, but in no case shall such benefit exceed  one  hundred  seventy
 dollars;  except that if the employee's average weekly wage is less than
 twenty dollars, the benefit shall be such average weekly wage. The week-
 ly benefit which the disabled employee is entitled to receive for  disa-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02619-04-4
 A. 8991--A                          2
 
 bility  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 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, nine-
 teen  hundred  eighty-four  shall  be one-half of the employee's average
 weekly wage, but in no case shall such benefit exceed one hundred  thir-
 ty-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-four,  and  prior  to  July  first,
 nineteen hundred eighty-three, shall be one-half of the employee's aver-
 age  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 week-
 ly wage. For any period of disability less than a full week,  the  bene-
 fits  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 benefits 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
 employers, and shall be allocated in the proportion of their  respective
 average weekly wage payments.
   §  3.  Paragraph  (a)  of subdivision 3 of section 209 of the workers'
 compensation law, as amended by section 10 of part SS of chapter  54  of
 the laws of 2016, is amended to read as follows:
   (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 AND PRIOR TO JANUARY FIRST, TWO
 THOUSAND  TWENTY-SIX,  but  not  in excess of sixty cents per week.  THE
 CONTRIBUTION OF EACH SUCH EMPLOYEE TO THE COST  OF  EMPLOYEE  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 JANUARY FIRST, TWO
 THOUSAND TWENTY-SIX, BUT NOT IN EXCESS OF TWO DOLLARS AND  TWENTY  CENTS
 PER WEEK.
   §  4.    Section  203-a  of the workers' compensation law, as added by
 section 4 of part SS of chapter 54 of the laws of 2016,  is  amended  to
 read as follows:
   §  203-a. [Retaliatory] INTERFERENCE AND RETALIATORY action prohibited
 for DISABILITY AND family  leave.  1.  The  provisions  of  section  one
 hundred twenty of this chapter and section two hundred forty-one of this
 article shall be applicable to DISABILITY AND family leave.
 A. 8991--A                          3
 
   2.  IT SHALL BE UNLAWFUL FOR ANY EMPLOYER TO INTERFERE WITH, RESTRAIN,
 OR DENY THE EXERCISE OF, OR THE ATTEMPT TO EXERCISE, ANY RIGHT  PROVIDED
 UNDER  THIS  ARTICLE, INCLUDING: (A) FAILING TO COMPLY WITH THE REQUIRE-
 MENTS OF SECTION TWO HUNDRED TWENTY-NINE OF THIS  ARTICLE,  SUCH  AS  BY
 FAILING  TO  PROVIDE  AN  EMPLOYEE WITH THE NOTICE OF RIGHTS REQUIRED BY
 SUCH SECTION; (B) FAILING TO PROVIDE AN EMPLOYEE WITH COMPLETE AND ACCU-
 RATE INFORMATION RELATED TO THE SUBMISSION OF A CLAIM FOR DISABILITY  OR
 FAMILY LEAVE BENEFITS, SUCH AS BY FAILING TO INFORM THE EMPLOYEE THAT IT
 IS  THE  EMPLOYEE'S  RESPONSIBILITY  TO SUBMIT THE COMPLETED APPLICATION
 MATERIALS TO THE EMPLOYER'S INSURANCE CARRIER OR BY FAILING OR  REFUSING
 TO PROVIDE THE EMPLOYEE WITH THE NAME OF THE EMPLOYER'S INSURANCE CARRI-
 ER  AND/OR THE EMPLOYER'S POLICY NUMBER WITH SAID INSURANCE CARRIER; (C)
 FAILING TO ACCURATELY COMPLETE AND RETURN TO THE EMPLOYEE THE DISABILITY
 OR FAMILY LEAVE APPLICATION PAPERWORK WITHIN THE TIME  PERIOD  SPECIFIED
 BY  THE CHAIR; (D) PROVIDING THE EMPLOYER'S INSURANCE CARRIER WITH INAC-
 CURATE INFORMATION ABOUT AN EMPLOYEE'S EMPLOYMENT AS IT RELATES  TO  THE
 EMPLOYEE'S  ELIGIBILITY  FOR  DISABILITY  OR  FAMILY LEAVE BENEFITS; (E)
 REFUSING TO ALLOW AN EMPLOYEE WHO HAS  REQUESTED  DISABILITY  OR  FAMILY
 LEAVE  UNDER  THIS ARTICLE TO BEGIN LEAVE UNTIL THE EMPLOYER'S INSURANCE
 CARRIER HAS APPROVED THE EMPLOYEE'S CLAIM FOR DISABILITY OR FAMILY LEAVE
 BENEFITS; (F) FAILING OR REFUSING TO CARRY DISABILITY  OR  FAMILY  LEAVE
 INSURANCE AS REQUIRED BY SECTION TWO HUNDRED ELEVEN OF THIS ARTICLE; (G)
 THREATENING  TERMINATION, DEMOTION, DISCIPLINE, SUSPENSION, OR REDUCTION
 OF HOURS OR WAGES, REPORTING OR  THREATENING  TO  REPORT  AN  EMPLOYEE'S
 SUSPECTED CITIZENSHIP OR IMMIGRATION STATUS OR THE SUSPECTED CITIZENSHIP
 OR  IMMIGRATION  STATUS OF A FAMILY MEMBER OF THE EMPLOYEE TO A FEDERAL,
 STATE, OR LOCAL AGENCY, OR  THREATENING  ANY  OTHER  ACTION  AGAINST  AN
 EMPLOYEE  SEEKING  TO TAKE DISABILITY OR FAMILY LEAVE THAT MIGHT REASON-
 ABLY DETER AN EMPLOYEE FROM EXERCISING A RIGHT PROVIDED UNDER THIS ARTI-
 CLE; OR (H) THREATENING OR TAKING ANY OTHER ACTION  THAT  MAY  HAVE  THE
 EFFECT OF PREVENTING OR DISCOURAGING AN EMPLOYEE FROM EXERCISING A RIGHT
 PROVIDED UNDER THIS ARTICLE.
   3.  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.
   §  5.    Section  203-b  of the workers' compensation law, as added by
 section 4 of part SS of chapter 54 of the laws of 2016,  is  amended  to
 read as follows:
   §  203-b.  Reinstatement  following  DISABILITY  OR  family leave. Any
 eligible employee of a covered employer who takes leave, INCLUDING LEAVE
 FOR DISABILITY, under this article shall be  entitled,  on  return  from
 such leave, to be restored by the employer to the position of employment
 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 family leave OR LEAVE
 DUE TO A DISABILITY shall not result in the loss of any employment bene-
 fit 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 the leave.
   § 6.  Section 203-c of the workers'  compensation  law,  as  added  by
 section  4  of  part SS of chapter 54 of the laws of 2016, is amended to
 read as follows:
   § 203-c. Health  insurance  during  DISABILITY  OR  family  leave.  In
 accordance  with  the  Family  and  Medical  Leave  Act  (29  U.S.C.  §§
 A. 8991--A                          4
 
 2601-2654), during any period of DISABILITY OR family leave the employer
 shall maintain any existing health benefits of the employee in force for
 the duration of such leave as if the employee had continued to work from
 the  date  he or she commenced DISABILITY OR family leave until the date
 he or she returns to employment.
   § 7. This act shall take effect immediately.