Allows a parent who suffers an involuntary loss of pregnancy to automatically receive temporary disability benefits upon notice that such parents suffered an involuntary loss of pregnancy.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9568
SPONSOR: Pheffer Amato
 
TITLE OF BILL:
An act to amend the workers' compensation law, in relation to allowing a
parent who suffers an involuntary loss of a pregnancy be automatically
enrolled in temporary disability benefits
 
PURPOSE:
To allow a parent who suffers an involuntary loss of pregnancy to auto-
matically receive temporary disability benefits
 
SUMMARY OF PROVISIONS:
Section 1 amends paragraph B of subdivision 9 of section 201 of the
workers' compensation law to include the phrasing "including the invol-
untary loss of a pregnancy via a miscarriage or a stillborn child" in
the definition of disability.
Subsection 2 amends subdivision 1 of section 204 of the workers' compen-
sation law, to include the wording that "the involuntary loss of a preg-
nancy shall be deemed a separate period of disability."
Subsection 3 creates a new section which automatically converts family
leave benefits to temporary disability benefits when one suffers an
involuntary loss of pregnancy.
 
JUSTIFICATION:
According to the Center for Disease Control, a stillbirth is a loss of a
baby at 20 weeks of pregnancy and later. Nationally, the Center for
Disease Control cites that "about 1 pregnancy in 100 at 20 weeks of
pregnancy, and later, is affected by stillbirth, and each year about
24,000 babies are stillborn in the United States." In 2021, it is
believed that around 1,285 babies in New York were stillborn, according
to the Centers for Disease Control.
This bill seeks to ensure that any woman who suffers from a stillborn
would have her paid family leave benefits (PFL)automatically converted
to temporary disability benefits (also referred to as temporary disabil-
ity insurance, (TDI)). It is important to recognize that when someone
experiences such a profound loss, and must undergo the physical recovery
associated with that loss, they should not have to worry about filling
out more paperwork or have concerns over administrative activities.
By ensuring that PFL is converted into TDI, this will give women, and
even their families, the time they need to grieve and begin their recov-
ery in private.
 
LEGISLATIVE HISTORY:
New Bill
 
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
9568
IN ASSEMBLY
March 20, 2024
___________
Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
Committee on Labor
AN ACT to amend the workers' compensation law, in relation to allowing a
parent who suffers an involuntary loss of a pregnancy be automatically
enrolled in temporary disability benefits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph B of subdivision 9 of section 201 of the workers'
2 compensation law, as amended by chapter 352 of the laws of 1981, is
3 amended to read as follows:
4 B. "Disability" also includes disability caused by or in connection
5 with a pregnancy, including the involuntary loss of a pregnancy via
6 miscarriage or a stillborn child.
7 § 2. Subdivision 1 of section 204 of the workers' compensation law, as
8 amended by section 5 of part SS of chapter 54 of the laws of 2016, is
9 amended to read as follows:
10 1. Disability benefits shall be payable to an eligible employee for
11 disabilities, beginning with the eighth day of disability and thereafter
12 during the continuance of disability, subject to the limitations as to
13 maximum and minimum amounts and duration and other conditions and limi-
14 tations in this section and in sections two hundred five and two hundred
15 six of this article. Family leave benefits shall be payable to an eligi-
16 ble employee for the first full day when family leave is required and
17 thereafter during the continuance of the need for family leave, subject
18 to the limitations as to maximum and minimum amounts and duration and
19 other conditions and limitations in this section and in sections two
20 hundred five and two hundred six of this article. Successive periods of
21 disability or family leave caused by the same or related injury or sick-
22 ness shall be deemed a single period of disability or family leave only
23 if separated by less than three months. For the purposes of this subdi-
24 vision, the involuntary loss of a pregnancy shall be deemed a separate
25 period of disability.
26 § 3. The workers' compensation law is amended by adding a new section
27 204-a to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14794-02-4
A. 9568 2
1 § 204-a. Automatic conversion of family leave benefits to temporary
2 disability benefits. 1. Where a claimant who is expected to receive
3 family leave benefits under section two hundred four of this article
4 suffers an involuntary loss of pregnancy, the chair upon notice of such
5 involuntary loss of pregnancy, shall automatically enroll such claimant
6 for temporary disability benefits. Such temporary disability benefits
7 shall begin upon notice of an involuntary loss of pregnancy.
8 2. In the event such claimant is eligible for temporary disability
9 benefits due to an involuntary loss of pregnancy, a certificate of
10 stillbirth or a fetal death certificate shall serve as proof for need of
11 temporary disability benefits.
12 3. Nothing in this section shall be construed to conflict with or
13 otherwise limit the provisions set forth in section two hundred five of
14 this article.
15 § 4. This act shall take effect immediately.