•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A09568 Summary:

BILL NOA09568
 
SAME ASNo Same As
 
SPONSORPheffer Amato
 
COSPNSR
 
MLTSPNSR
 
Amd 201 & 204, add 204-a, Work Comp L
 
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.
Go to top    

A09568 Actions:

BILL NOA09568
 
03/20/2024referred to labor
Go to top

A09568 Memo:

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
Go to top

A09568 Text:



 
                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.
Go to top