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This entry was published on 2016-04-08
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SECTION 209
Contribution of employees for disability and family leave benefits
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 9
§ 209. Contribution of employees for disability and family leave
benefits. 1. Every employee in the employment of a covered employer
shall contribute to the cost of providing disability and after January
first, two thousand eighteen, family leave benefits under this article,
to the extent and in the manner herein provided.

2. The special contribution of each such employee to the accumulation
of funds to provide benefits for disabled unemployed shall be as
provided in subdivision one of section two hundred fourteen of this
article.

3. (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, but not in excess of sixty
cents per week.

(b) Family leave benefits. On June first, two thousand seventeen and
annually thereafter on September first, the superintendent of financial
services shall set the maximum employee contribution, using sound
actuarial principles and the reports provided in section two hundred
eight of this article. No employer shall be required to fund any portion
of the family leave benefit.

4. Notwithstanding any other provision of law, the employer is
authorized to collect from his or her employees, except as otherwise
provided in any plan or agreement under the provisions of subdivisions
four or five of section two hundred eleven of this article, the
contribution provided under subdivisions two and three of this section,
through payroll deductions. If the employer shall not make deduction for
any payroll period he or she may thereafter, but not later than one
month after payment of wages, collect such contribution through payroll
deduction.

5. In collecting employee contributions through payroll deductions,
the employer shall act as the agent of his or her employees and shall
use the contributions only to provide disability and family leave
benefits as required by this article. In no event may the employee's
annual contribution for family leave exceed his or her per capita share
of the actual annual premium charged for the same year and must be
determined consistent with the principle that employees should pay the
total costs of family leave premium. In no event may the employee's
weekly contribution for disability premium exceed one-half of one per
centum of the employee's wages paid to him or her, but not in excess of
sixty cents per week. After June thirtieth, nineteen hundred fifty, if
the employer is not providing, or to the extent that he or she is not
then providing, for the payment of disability benefits to his or her
employees by insuring with the state fund or with another insurance
carrier, he or she shall keep the contributions of his or her employees
as trust funds separate and apart from all other funds of the employer.
The payment of such contributions by the employer to a carrier providing
for the payment of such benefits shall discharge the employer from
responsibility with respect to such contributions.