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This entry was published on 2016-04-08
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SECTION 212-B
Public employees; public employees represented by an employee organization; employee opt in
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 9
§ 212-b. Public employees; public employees represented by an employee
organization; employee opt in.

1. For purposes of this section, "public employee" means any employee
of the state, any political subdivision of the state, a public authority
or any other governmental agency or instrumentality. "Public employer"
means the state, any political subdivision of the state, a public
authority or any other governmental agency or instrumentality thereof.
"Employee organization" shall have the same meaning set forth in section
two hundred one of the civil service law.

2. Public employers shall provide benefits for family leave to public
employees in accordance with the procedures and terms set forth in
subdivision three of this section.

3. (a) An employee organization may, pursuant to collective
bargaining, opt in to paid family leave benefits on behalf of those
public employees it is either certified or recognized to represent,
within the meaning of article fourteen of the civil service law. Nothing
in this section shall prohibit an agreement to opt in to paid family
leave between the employee organization and any public employer. An
employee organization that has opted in to paid family leave benefits
may, pursuant to collective bargaining, opt out of it as is mutually
agreed upon between the employee organization and any public employer.

b. For public employees who are not represented by an employee
organization, the public employer may opt-in to paid family leave
benefits within ninety days notice to such public employees. Following
opt-in by a public employer for public employees not represented by an
employee organization, the public employer may opt-out of paid family
leave benefits with twelve months notice to those public employees.

4. In the absence of any contrary statement in a collectively
negotiated agreement under article fourteen of the civil service law, a
public employer may require public employees who opt in under this
section to provide the maximum employee contribution, as defined in
paragraph (b) of subdivision three of section two hundred nine of this
article.