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: A3870A
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' compen-
sation law regarding discrimination related to family care leave by
employers. Section 3: amends section 201 workers' compensation law
defining disability. 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 prohibi-
tion of retaliatory action. Section 7: adds section 203-b to the work-
ers' 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 eligibil-
ity. 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' compensation 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 employ-
ees and family leave benefits. Section 14: subdivisions 1 and 2 of
section 212 of the workers' compensation 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' compen-
sation law regarding provision of proof of disability by employee.
Section 16 amends section 221 of the workers' compensation law regarding
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: a mends subdivision 2 of section
229 of the workers' compensation 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 general and a child's development specifically.
PRIOR LEGISLATIVE HISTORY:
A.1793/S.4742 passed Assembly 2013-14;
A.6289/S.7547 of 2011-2012
FISCAL IMPLICATIONS:
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, 2017. (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, 2017 and subdivision I 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, 2017, 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.
