S T A T E O F N E W Y O R K
________________________________________________________________________
921--A
2023-2024 Regular Sessions
I N S E N A T E
January 9, 2023
___________
Introduced by Sens. COONEY, FERNANDEZ, GOUNARDES -- read twice and
ordered printed, and when printed to be committed to the Committee on
Labor -- 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02619-02-3
S. 921--A 2
twenty dollars, the benefit shall be such average weekly wage. The week-
ly benefit which the disabled employee is entitled to receive for disa-
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
S. 921--A 3
hundred twenty of this chapter and section two hundred forty-one of this
article shall be applicable to DISABILITY AND family leave.
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:
S. 921--A 4
§ 203-c. Health insurance during DISABILITY OR family leave. In
accordance with the Family and Medical Leave Act (29 U.S.C. §§
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.