Assembly Bill A9568

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9568
 
                           I N  A S S E M B L Y
 
                              March 20, 2024
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to allowing a
   parent who suffers an involuntary loss of a pregnancy be automatically
   enrolled in temporary disability benefits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph B of subdivision 9 of section 201 of the workers'
 compensation  law,  as  amended  by  chapter 352 of the laws of 1981, is
 amended to read as follows:
   B. "Disability" also includes disability caused by  or  in  connection
 with  a  pregnancy,  INCLUDING  THE  INVOLUNTARY LOSS OF A PREGNANCY VIA
 MISCARRIAGE OR A STILLBORN CHILD.
   § 2. Subdivision 1 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:
   1.  Disability  benefits  shall be payable to an eligible employee for
 disabilities, beginning with the eighth day of disability and thereafter
 during the continuance of disability, subject to the limitations  as  to
 maximum  and minimum amounts and duration and other conditions and limi-
 tations in this section and in sections two hundred five and two hundred
 six of this article. Family leave benefits shall be payable to an eligi-
 ble employee for the first full day when family leave  is  required  and
 thereafter  during the continuance of the need for family leave, subject
 to the limitations as to maximum and minimum amounts  and  duration  and
 other  conditions  and  limitations  in this section and in sections two
 hundred five and two hundred six of this article. Successive periods  of
 disability or family leave caused by the same or related injury or sick-
 ness  shall be deemed a single period of disability or family leave only
 if separated by less than three months. FOR THE PURPOSES OF THIS  SUBDI-
 VISION,  THE  INVOLUNTARY LOSS OF A PREGNANCY SHALL BE DEEMED A SEPARATE
 PERIOD OF DISABILITY.
   § 3. The workers' compensation law is amended by adding a new  section
 204-a to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14794-02-4
 A. 9568                             2
 
   §  204-A.  AUTOMATIC  CONVERSION OF FAMILY LEAVE BENEFITS TO TEMPORARY
 DISABILITY BENEFITS. 1. WHERE A CLAIMANT  WHO  IS  EXPECTED  TO  RECEIVE
 FAMILY  LEAVE  BENEFITS  UNDER  SECTION TWO HUNDRED FOUR OF THIS ARTICLE
 SUFFERS AN INVOLUNTARY LOSS OF PREGNANCY, THE CHAIR UPON NOTICE OF  SUCH
 INVOLUNTARY  LOSS OF PREGNANCY, SHALL AUTOMATICALLY ENROLL SUCH CLAIMANT
 FOR TEMPORARY DISABILITY BENEFITS. SUCH  TEMPORARY  DISABILITY  BENEFITS
 SHALL BEGIN UPON NOTICE OF AN INVOLUNTARY LOSS OF PREGNANCY.
   2.  IN  THE  EVENT  SUCH CLAIMANT IS ELIGIBLE FOR TEMPORARY DISABILITY
 BENEFITS DUE TO AN INVOLUNTARY  LOSS  OF  PREGNANCY,  A  CERTIFICATE  OF
 STILLBIRTH OR A FETAL DEATH CERTIFICATE SHALL SERVE AS PROOF FOR NEED OF
 TEMPORARY DISABILITY BENEFITS.
   3.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED TO CONFLICT WITH OR
 OTHERWISE LIMIT THE PROVISIONS SET FORTH IN SECTION TWO HUNDRED FIVE  OF
 THIS ARTICLE.
   § 4. This act shall take effect immediately.