Provides workers' compensation benefits for injury or sickness, pregnancy or family leave; applies to an employee and to family members taking family leave to care for an employee.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1793B
SPONSOR: Nolan (MS) TITLE OF BILL: An act to amend the workers' compensation law and the
insurance law, in relation to providing benefits for injury or sickness,
pregnancy or family leave
PURPOSE OR GENERAL IDEA OF BILL:
To amend the workers' compensation law to provide benefits for paid
family leave.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: amends subdivision 2 of section 76 of the workers' compen-
sation law regarding the state insurance fund and provision of family
care benefits
Section 2: amends section 120 of the workers' compensation law regarding
discrimination related to family care leave by employers
Section 3: amends section 201 workers' compensation law defining disa-
bility
Section 4: amends section 201 of the workers' compensation law defining
a "day of disability"
Section 5: amends section 201 of the workers' compensation law defining
"family care", "child", "domestic partner", "serious health condition",
"parent", "family member", "parental relationship", "grandchild",
"health care provider", "family care cost", "grandparent" and "sibling"
Section 6: adds section 203-a to the workers' compensation law regarding
prohibition of retaliatory action
Section 7: adds section 203-b to the workers' compensation law regarding
job-protection for family care leave
Section 8: amends section 204 of the workers' compensation law regarding
consecutive days of disability and weekly benefits.
Section 9: amends section 205 of the workers' compensation law regarding
benefit eligibility
Section 10: adds a new section 205-a to the workers' compensation law
regarding receipt of benefits and limitations
Section 11: amends subdivision 3 of section 209 of the workers' compen-
sation law regarding employee contribution to the cost of disability
benefits
Section 11-a: amends section 210 of the workers' compensation law
regarding employer contributions
Section 12: adds two new subdivisions 7 and 8 to section 211 of the
workers' compensation law regarding benefits from this law being in
addition to the terms of any agreements that is collectively negotiated
between an employee and employers
Section 13: adds a new section 211-a to the workers' compensation law
regarding public employees and family leave benefits
Section 14: subdivisions 1 and 2 of section 212 of the workers' compen-
sation law are amended regarding employer obligation of provision of
family care benefits
Section 15: amends subdivisions 1, 2, 3 and 4 of section 217 of the
workers' compensation law regarding.provision of proof of disability by
employee
Section 16: amends section 221 of the workers' compensation law regard-
ing denial of rights to paid family leave benefits
Section 16-a: amends section 226 of the workers' compensation law
regarding insurance contracts and disability
Section 17: amends subdivision 2 of section 229 of the workers' compen-
sation law regarding employer obligation to provide information about
family leave benefits
Section 18: amends the workers' compensation law adding a new section
239-a regarding outreach by the department of labor, a study by the
department of insurance, and the creation of the family care advisory
council
Section 19: amends paragraph 3 of subsection (a) of section 1113 of the
insurance law defining "accident and health insurance"
Section 20: is the effective date
JUSTIFICATION:
Although the Federal Family and Medical Leave Act guarantees 12 weeks of
unpaid leave to many workers to care for a sick relative or bond with a
new child, most people can't afford to take unpaid time from work. Paid
family leave benefits would allow all workers to remain in the workforce
and still receive some income while taking leave to care for their fami-
ly.
The need for such leave grows more acute by the day: people are living
longer and requiring care in their later years while assisted living and
nursing home options are growing fewer and more expensive. Unantic-
ipated medical emergencies can drive families into desperate financial
situations. Medical bills mount while people are out of work caring for
their relatives despite the lack of income. Allowing people to receive
some income during a brief leave form work can help prevent such finan-
cial disaster.
Further, allowing new parents time from work to bond with a newly born
or adopted child is a great positive for the entire family in gener-
al.and a child's development specifically.
PRIOR LEGISLATIVE HISTORY:
A.6289 of 2011-2012
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately; provided however, that (a)
Sections two, three, four, five, six, seven, eight, nine, ten, eleven,
twelve, thirteen, fourteen, fifteen, sixteen, seventeen and nineteen of
this act shall take effect on January 1, 2015. (b) Paragraph a of subdi-
vision 3 of section 211-a of the workers' compensation law, as added by
section thirteen of this act allowing public employees to opt in to
family care benefits prior to July 1, 2015 and subdivision 1 of section
212 of the workers' compensation law as amended by section fourteen of
this act allowing public employers to opt in to family care benefits
prior to July 1, 2015, shall take effect immediately. (c) Effective
immediately, the addition amendment and/or repeal of any rules or regu-
lations necessary for the implementation of this act on its effective
date are authorized and directed to be made and completed on or before
such effective date.
