S T A T E O F N E W Y O R K
________________________________________________________________________
6141
2025-2026 Regular Sessions
I N S E N A T E
March 5, 2025
___________
Introduced by Sens. PARKER, SCARCELLA-SPANTON -- 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
disability benefits for pregnancy loss
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 work-
ers' 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, BUT NOT LIMITED TO, PREGNANCY LOSS.
§ 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 on or after May first, nineteen
hundred eighty-nine shall be one-half of the employee's weekly 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; PROVIDED, HOWEVER, THE
WEEKLY BENEFIT WHICH THE DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR
DISABILITY RELATED TO PREGNANCY LOSS 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 IN EFFECT. The weekly benefit which the
disabled employee is entitled to receive for disability 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04105-01-5
S. 6141 2
hundred eighty-three and prior to July first, nineteen hundred eighty-
four shall be one-half of the employee's average weekly wage, but in no
case shall such benefit exceed one hundred thirty-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. 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 average 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 weekly wage. For any
period of disability less than a full week, the benefits 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 bene-
fits 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 employ-
ers, and shall be allocated in the proportion of their respective aver-
age weekly wage payments.
§ 3. This act shall take effect on the first of January following the
first of September next succeeding the date on which it shall have
become a law and shall apply to all policies or contracts issued,
renewed, modified, altered or amended on or after such date.