A01793 Summary:

BILL NO    A01793B

SAME AS    SAME AS S04742-B

SPONSOR    Nolan (MS)

COSPNSR    Cook, Weprin, Jaffee, Jacobs, Weisenberg, Schimel, Titus, Hooper,
           Heastie, Colton, Rosenthal, Simotas, Rozic, Fahy, Mosley, Perry,
           Ortiz

MLTSPNSR   Brennan, Clark, Glick, Gottfried, Markey, Millman, Scarborough,
           Sepulveda, Weinstein

Amd Work Comp L, generally; amd S1113, Ins L

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.
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A01793 Actions:

BILL NO    A01793B

01/09/2013 referred to labor
01/08/2014 referred to labor
02/07/2014 amend and recommit to labor
02/07/2014 print number 1793a
02/28/2014 amend and recommit to labor
02/28/2014 print number 1793b
03/04/2014 reported referred to codes
03/04/2014 reported referred to ways and means
03/04/2014 reported referred to rules
03/04/2014 reported 
03/05/2014 rules report cal.9
03/05/2014 ordered to third reading rules cal.9
03/05/2014 passed assembly
03/05/2014 delivered to senate
03/05/2014 REFERRED TO LABOR
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A01793 Votes:

A01793B03/05/2014 89/44
AbbateYCookYGjonajYLalorNONojayNORosenthYTitoneY
AbinantYCorwinNOGlickERLavineYNolanYRozicYTitusY
ArroyoYCrespoYGoldfedYLentolYOaksNORussellYWalterNO
AubryYCrouchNOGoodellNOLiftonYO'DonneYRyanYWeinsteER
BarclayNOCurranNOGottfriYLopezNOOrtizYSaladinNOWeisenbER
BarrettYCusickNOGrafNOLupardoYOtisYSantabaYWeprinY
BenedetYCymbrowYGuntherYLupinacNOPalmesaNOScarborYWrightY
BlankenNODavilaYHawleyNOMageeYPalumboNOSchimelYZebrowsY
BorelliNODenDekkYHeastieYMagnareYPaulinYSchimmiNOMr SpkrY
BoylandABDinowitYHennessNOMalliotNOPeoplesYSepulveY
BraunstYDiPietrNOHevesiYMarkeyYPerryYSimanowNO
BrennanYDupreyNOHikindYMayerYPichardYSimotasER
BrindisYEnglebrYHooperYMcDonalYPretlowYSkartadNO
BronsonYFahyYJacobsYMcDonouNOQuartYSkoufisY
Brook-KYFarrellYJaffeeYMcKevitNORaNOSolagesY
BuchwalYFinchNOJohnsNOMcLaughNORaiaNOStecNO
ButlerNOFitzpatNOKatzNOMillerYRamosERSteckY
CahillYFriendNOKavanagYMillmanYRiveraYStirpeY
CamaraYGalefYKearnsYMontesaNORobertsYSweeneyY
CerettoYGanttYKellnerABMorelleYRobinsoYTediscoNO
ClarkYGarbariNOKimYMosleyYRodriguERTenneyNO
ColtonYGiglioNOKolbNOMoyaYRosaYThieleY

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A01793 Memo:

BILL NUMBER:A1793B

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'
compensation 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
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 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'
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 employees 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' compensation 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: amends 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 family.

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.
Unanticipated 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 financial 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.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
subdivision 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 regulations 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.
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A01793 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        1793--B

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by M. of A. NOLAN, SILVER, HEASTIE, TITUS, GUNTHER, LUPARDO,
         RUSSELL, COOK, WEPRIN, JAFFEE, JACOBS,  WEISENBERG,  SCHIMEL,  HOOPER,
         COLTON,  ROSENTHAL,  SIMOTAS,  ROZIC -- Multi-Sponsored by -- M. of A.
         BRENNAN,  CLARK,  GLICK,  GOTTFRIED,  MARKEY,  MILLMAN,   SCARBOROUGH,
         SEPULVEDA,  WEINSTEIN  --  read  once and referred to the Committee on
         Labor -- recommitted to the Committee  on  Labor  in  accordance  with
         Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
         reprinted  as  amended  and  recommitted  to  said  committee -- again
         reported from said committee with  amendments,  ordered  reprinted  as
         amended and recommitted to said committee

       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

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1.  Subdivision 2 of section 76 of the  workers'  compensation
    2  law,  as added by chapter 600 of the laws of 1949, is amended to read as
    3  follows:
    4    2. The purposes of the state insurance fund herein created are  hereby
    5  enlarged to provide [for the] insurance [by the state insurance fund of]
    6  FOR  the payment of the benefits required by section two hundred four of
    7  this chapter, INCLUDING BENEFITS FOR FAMILY CARE PROVIDED EITHER IN  THE
    8  SAME  POLICY  WITH  OR IN A SEPARATE POLICY FROM BENEFITS FOR DISABILITY
    9  RESULTING FROM INJURY, SICKNESS OR PREGNANCY  OF  AN  EMPLOYEE,  AND  AS
   10  PROVIDED  PURSUANT  TO  SECTION TWO HUNDRED ELEVEN-A OF THIS CHAPTER.  A
   11  separate fund is hereby created within the state insurance  fund,  which
   12  shall  be  known  as  the  "disability  benefits  fund", and which shall
   13  consist of all premiums received and paid into said fund on  account  of
   14  such insurance, all securities acquired by and through the use of moneys
   15  belonging  to  said fund and of interest earned upon moneys belonging to

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00122-04-4
       A. 1793--B                          2

    1  said fund and deposited or invested as herein provided. Said  disability
    2  benefits  fund  shall be applicable to the payment of benefits, expenses
    3  and assessments on account of insurance written pursuant to article nine
    4  of this chapter.
    5    S  2.  The  section  heading  and  the first undesignated paragraph of
    6  section 120 of the workers' compensation law, as amended by  chapter  61
    7  of the laws of 1989, are amended to read as follows:
    8    Discrimination  against employees [who bring proceedings]. It shall be
    9  unlawful for any employer  or  his  or  her  duly  authorized  agent  to
   10  discharge  or in any other manner discriminate against an employee as to
   11  his or her employment because such employee has claimed or attempted  to
   12  claim  compensation from such employer, OR CLAIMED OR ATTEMPTED TO CLAIM
   13  ANY BENEFITS PROVIDED UNDER THIS CHAPTER,  or  because  he  or  she  has
   14  testified  or is about to testify in a proceeding under this chapter and
   15  no other valid reason is shown to exist for such action by the employer.
   16    S 3. Subdivision 9 of section 201 of the workers' compensation law  is
   17  amended by adding two new paragraphs C and D to read as follows:
   18    C.  "DISABILITY"  ALSO INCLUDES FAMILY CARE, AS DEFINED IN SUBDIVISION
   19  FIFTEEN OF THIS SECTION.
   20    D. UNLESS OTHERWISE SET FORTH IN THIS ARTICLE, ALL PROVISIONS OF  THIS
   21  ARTICLE APPLICABLE TO "DISABILITY" SHALL APPLY TO (I) DISABILITY ARISING
   22  FROM INJURY OR SICKNESS; (II) DISABILITY CAUSED BY OR IN CONNECTION WITH
   23  PREGNANCY;  AND  (III) FAMILY CARE.   UNLESS OTHERWISE SET FORTH IN THIS
   24  ARTICLE, ALL PROVISIONS  OF  THIS  ARTICLE  APPLICABLE  TO  A  "DISABLED
   25  EMPLOYEE"  SHALL APPLY TO EMPLOYEES IN NEED OF TIME OFF FOR THE PURPOSES
   26  OF SUBPARAGRAPHS (I), (II) AND (III) OF THIS PARAGRAPH.
   27    S 4. Subdivision 14 of section 201 of the workers'  compensation  law,
   28  as added by chapter 600 of the laws of 1949 and as renumbered by chapter
   29  438 of the laws of 1964, is amended to read as follows:
   30    14.  "A  day  of  disability"  means any day on which the employee was
   31  prevented from performing work because of disability, INCLUDING ANY  DAY
   32  WHICH THE EMPLOYEE USES FOR FAMILY CARE, and for which [he] THE EMPLOYEE
   33  has not received his OR HER regular remuneration.
   34    S 5. Section 201 of the workers' compensation law is amended by adding
   35  twelve  new  subdivisions 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and
   36  26 to read as follows:
   37    15. "FAMILY CARE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOYEE FROM WORK:
   38    A. TO PARTICIPATE IN PROVIDING CARE, INCLUDING PHYSICAL OR  PSYCHOLOG-
   39  ICAL CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY BY A SERI-
   40  OUS HEALTH CONDITION OF THE FAMILY MEMBER; OR
   41    B.  TO  BOND  WITH THE EMPLOYEE'S CHILD DURING THE FIRST TWELVE MONTHS
   42  AFTER THE CHILD'S BIRTH, OR THE FIRST TWELVE MONTHS AFTER THE  PLACEMENT
   43  OF THE CHILD FOR ADOPTION OR FOSTER CARE WITH THE EMPLOYEE.
   44    C.  BECAUSE OF ANY QUALIFYING EXIGENCY AS INTERPRETED UNDER THE FAMILY
   45  AND MEDICAL LEAVE ACT,  29  U.S.C.  S  2612(A)(1)(E)  AND  29  C.F.R.  S
   46  825.126(A)(1)-(8),  ARISING  OUT  OF  THE FACT THAT THE SPOUSE, DOMESTIC
   47  PARTNER, CHILD, OR PARENT OF THE EMPLOYEE IS ON ACTIVE DUTY (OR HAS BEEN
   48  NOTIFIED OF AN IMPENDING CALL OR ORDER TO  ACTIVE  DUTY)  IN  THE  ARMED
   49  FORCES OF THE UNITED STATES.
   50    16. "CHILD" MEANS A BIOLOGICAL, ADOPTED OR FOSTER CHILD, A STEP-CHILD,
   51  A  LEGAL WARD OR A CHILD OF A PERSON WHO STANDS IN PARENTAL RELATIONSHIP
   52  TO THE CHILD.
   53    17. "DOMESTIC PARTNER" HAS THE MEANING SET FORTH IN SUBDIVISION ONE OF
   54  SECTION FOUR OF THIS CHAPTER.
   55    18. "SERIOUS HEALTH CONDITION" MEANS AN ILLNESS,  INJURY,  IMPAIRMENT,
   56  OR PHYSICAL OR MENTAL CONDITION THAT:
       A. 1793--B                          3

    1    A.  REQUIRES  INPATIENT  CARE  IN  A  HOSPITAL, HOSPICE OR RESIDENTIAL
    2  HEALTH CARE FACILITY; OR
    3    B. REQUIRES CONTINUING TREATMENT BY A HEALTH CARE PROVIDER.
    4    19.  "PARENT"  MEANS  BIOLOGICAL  OR  ADOPTIVE  PARENT, STEP-PARENT OR
    5  PERSON WHO STOOD IN PARENTAL RELATIONSHIP TO AN EMPLOYEE.
    6    20. "FAMILY MEMBER" MEANS A CHILD, SPOUSE, DOMESTIC  PARTNER,  PARENT,
    7  GRANDCHILD, GRANDPARENT, SIBLING OR PARENT OF A SPOUSE OR DOMESTIC PART-
    8  NER.
    9    21.  "PARENTAL  RELATIONSHIP"  IS  A  RELATIONSHIP  IN  WHICH A PERSON
   10  ASSUMES THE OBLIGATIONS INCIDENT TO PARENTHOOD FOR A CHILD AND  ACTUALLY
   11  DISCHARGES  THOSE  OBLIGATIONS,  OR  A  RELATIONSHIP  IN  WHICH A PERSON
   12  ASSUMED THOSE OBLIGATIONS AND DISCHARGED THEM BEFORE THE CHILD  ATTAINED
   13  ADULTHOOD.  A BIOLOGICAL OR LEGAL RELATIONSHIP IS NOT NECESSARY.
   14    22. "GRANDCHILD" MEANS THE CHILD OF A CHILD.
   15    23.  "HEALTH  CARE  PROVIDER"  MEANS A HEALTH CARE PRACTITIONER WHO IS
   16  LICENSED UNDER RELEVANT FEDERAL OR STATE LAWS TO PROVIDE MEDICAL,  EMER-
   17  GENCY  OR  HEALTH  SERVICES  AND  IS  TREATING  AN EMPLOYEE'S DISABILITY
   18  RESULTING FROM INJURY, SICKNESS OR PREGNANCY, OR A FAMILY MEMBER  FOR  A
   19  SERIOUS  HEALTH  CONDITION.    FOR  AN  EMPLOYEE  OR A FAMILY MEMBER WHO
   20  ADHERES TO THE FAITH OR TEACHINGS OF ANY CHURCH OR DENOMINATION AND  WHO
   21  IN  ACCORDANCE  WITH ITS CREED, TENETS OR PRINCIPLES DEPENDS FOR HEALING
   22  UPON PRAYER THROUGH SPIRITUAL MEANS ALONE IN THE PRACTICE  OF  RELIGION,
   23  "HEALTH  CARE  PROVIDER"  INCLUDES A PRACTITIONER DULY ACCREDITED BY THE
   24  CHURCH OR DENOMINATION WHO IS PROVIDING CARE TO THE EMPLOYEE  OR  FAMILY
   25  MEMBER.
   26    24. "FAMILY CARE COST" SHALL MEAN:
   27    A.  PRIOR  TO JULY FIRST, TWO THOUSAND SIXTEEN, UP TO FORTY-FIVE CENTS
   28  PER WEEK; AND
   29    B. DURING EVERY SUBSEQUENT YEAR COMMENCING ON JULY FIRST SUCH  MAXIMUM
   30  AMOUNT  AS SHALL BE SET BY REGULATION OF THE SUPERINTENDENT OF FINANCIAL
   31  SERVICES FOLLOWING CONSULTATION WITH THE FAMILY CARE ADVISORY COUNCIL BY
   32  APRIL FIRST OF THE SAME YEAR BASED ON THE  SUPERINTENDENT'S  ACTUARIALLY
   33  SOUND ESTIMATION OF THE COST PER EMPLOYEE OF PROVIDING FAMILY CARE BENE-
   34  FITS,  BUT  IN  NO  EVENT  MORE THAN ONE HUNDRED FIFTEEN PERCENT OF SUCH
   35  ESTIMATION OF THE COST PER EMPLOYEE OF PROVIDING  FAMILY  CARE  BENEFITS
   36  THROUGH THE STATE INSURANCE FUND.
   37    25. "GRANDPARENT" MEANS THE PARENT OF A PARENT.
   38    26.  "SIBLING"  MEANS  A  BROTHER OR A SISTER, WHETHER RELATED THROUGH
   39  HALF BLOOD, WHOLE BLOOD OR ADOPTION OR A STEP-SIBLING.
   40    S 6. The workers' compensation law is amended by adding a new  section
   41  203-a to read as follows:
   42    S  203-A. RETALIATORY ACTION PROHIBITED. 1.  THE PROVISIONS OF SECTION
   43  ONE HUNDRED TWENTY OF THIS CHAPTER AND SECTION TWO HUNDRED FORTY-ONE  OF
   44  THIS ARTICLE SHALL BE APPLICABLE TO FAMILY CARE LEAVE AS FULLY AS IF SET
   45  FORTH IN THIS SECTION.
   46    2.  NOTHING  IN  THIS  SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS,
   47  PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE  BARGAINING
   48  AGREEMENT OR EMPLOYMENT CONTRACT.
   49    S  7. The workers' compensation law is amended by adding a new section
   50  203-b to read as follows:
   51    S 203-B. FAMILY CARE LEAVE. ANY ELIGIBLE EMPLOYEE OF A COVERED EMPLOY-
   52  ER WHO TAKES LEAVE UNDER THIS SECTION SHALL BE ENTITLED, ON RETURN  FROM
   53  SUCH LEAVE, TO BE RESTORED BY THE EMPLOYER TO THE POSITION OF EMPLOYMENT
   54  HELD  BY  THE  EMPLOYEE WHEN THE LEAVE COMMENCED, OR TO BE RESTORED TO A
   55  COMPARABLE POSITION WITH COMPARABLE EMPLOYMENT BENEFITS, PAY  AND  OTHER
   56  TERMS  AND CONDITIONS OF EMPLOYMENT. THE TAKING OF LEAVE FOR THE PURPOSE
       A. 1793--B                          4

    1  OF FAMILY CARE SHALL NOT RESULT IN THE LOSS OF  ANY  EMPLOYMENT  BENEFIT
    2  ACCRUED  PRIOR TO THE DATE ON WHICH THE LEAVE COMMENCED. NOTHING IN THIS
    3  SECTION SHALL BE CONSTRUED TO  ENTITLE  ANY  RESTORED  EMPLOYEE  TO  THE
    4  ACCRUAL  OF  ANY  SENIORITY  OR EMPLOYMENT BENEFITS DURING ANY PERIOD OF
    5  LEAVE, OR ANY RIGHT, BENEFIT OR POSITION TO  WHICH  THE  EMPLOYEE  WOULD
    6  HAVE BEEN ENTITLED HAD THE EMPLOYEE NOT TAKEN THE LEAVE.  A VIOLATION OF
    7  THIS  SECTION SHALL BE A VIOLATION OF SECTION ONE HUNDRED TWENTY OF THIS
    8  CHAPTER AND ALL REMEDIES  AND  PENALTIES  AVAILABLE  UNDER  SECTION  ONE
    9  HUNDRED TWENTY OF THIS CHAPTER SHALL BE AVAILABLE FOR VIOLATIONS OF THIS
   10  SECTION AS FULLY AS IF SET FORTH IN THIS SECTION.
   11    S 8. Subdivision 1 of section 204 of the workers' compensation law, as
   12  added  by chapter 600 of the laws of 1949, is amended and two new subdi-
   13  visions 3 and 4 are added to read as follows:
   14    1. Disability benefits shall be payable to an  eligible  employee  for
   15  disabilities  commencing  after  June thirtieth, nineteen hundred fifty,
   16  beginning with the eighth consecutive day of disability  and  thereafter
   17  during  the  continuance of disability, subject to the limitations as to
   18  maximum and minimum amounts and duration and other conditions and  limi-
   19  tations in this section and in sections two hundred five and two hundred
   20  six  OF  THIS ARTICLE.  WHEN AN EMPLOYEE IS ELIGIBLE TO RECEIVE BENEFITS
   21  FOR FAMILY CARE REASONS IMMEDIATELY AFTER  RECEIVING  BENEFITS  FOR  THE
   22  EMPLOYEE'S  OWN INJURY, SICKNESS OR PREGNANCY, BENEFITS SHALL BE PAYABLE
   23  TO THE EMPLOYEE BEGINNING ON THE FIRST  DAY  OF  ELIGIBLE  FAMILY  CARE.
   24  Successive periods of disability caused by the same or related injury or
   25  sickness  OR  REASON  FOR FAMILY CARE shall be deemed a single period of
   26  disability only if separated by less than three months.
   27    3. THE WEEKLY BENEFIT WHICH  THE  DISABLED  EMPLOYEE  IS  ENTITLED  TO
   28  RECEIVE  FOR  DISABILITY COMMENCING ON OR AFTER JANUARY FIRST, TWO THOU-
   29  SAND FIFTEEN SHALL BE TWO-THIRDS OF THE EMPLOYEE'S AVERAGE WEEKLY  WAGE,
   30  BUT  IN  NO  CASE  SHALL  SUCH BENEFIT EXCEED THIRTY-FIVE PERCENT OF THE
   31  STATEWIDE AVERAGE WEEKLY WAGE AS DETERMINED BY THE STATE  DEPARTMENT  OF
   32  LABOR  PURSUANT  TO  SUBDIVISION SIXTEEN OF SECTION TWO OF THIS CHAPTER.
   33  THE WEEKLY BENEFIT WHICH THE DISABLED EMPLOYEE IS  ENTITLED  TO  RECEIVE
   34  FOR  DISABILITY COMMENCING ON OR AFTER APRIL FIRST, TWO THOUSAND SIXTEEN
   35  SHALL BE TWO-THIRDS OF THE EMPLOYEE'S AVERAGE WEEKLY  WAGE,  BUT  IN  NO
   36  CASE  SHALL  SUCH  BENEFIT EXCEED FORTY PERCENT OF THE STATEWIDE AVERAGE
   37  WEEKLY WAGE AS DETERMINED BY THE STATE DEPARTMENT OF LABOR  PURSUANT  TO
   38  SUBDIVISION  SIXTEEN  OF SECTION TWO OF THIS CHAPTER. THE WEEKLY BENEFIT
   39  WHICH THE DISABLED  EMPLOYEE  IS  ENTITLED  TO  RECEIVE  FOR  DISABILITY
   40  COMMENCING  ON  OR  AFTER  APRIL  FIRST, TWO THOUSAND SEVENTEEN SHALL BE
   41  TWO-THIRDS OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT IN  NO  CASE  SHALL
   42  SUCH  BENEFIT  EXCEED FORTY-FIVE PERCENT OF THE STATEWIDE AVERAGE WEEKLY
   43  WAGE AS DETERMINED BY THE STATE DEPARTMENT OF LABOR PURSUANT TO SUBDIVI-
   44  SION SIXTEEN OF SECTION TWO OF THIS CHAPTER. THE  WEEKLY  BENEFIT  WHICH
   45  THE  DISABLED  EMPLOYEE IS ENTITLED TO RECEIVE FOR DISABILITY COMMENCING
   46  ON OR AFTER APRIL FIRST, TWO THOUSAND EIGHTEEN AND SUBSEQUENTLY SHALL BE
   47  TWO-THIRDS OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT IN  NO  CASE  SHALL
   48  SUCH  BENEFIT  EXCEED FIFTY PERCENT OF THE STATEWIDE AVERAGE WEEKLY WAGE
   49  AS DETERMINED BY THE STATE DEPARTMENT OF LABOR PURSUANT  TO  SUBDIVISION
   50  SIXTEEN OF SECTION TWO OF THIS CHAPTER.  FOR DISABILITY COMMENCING ON OR
   51  AFTER  JANUARY  FIRST,  TWO  THOUSAND  FIFTEEN, THE WEEKLY BENEFIT FOR A
   52  DISABLED EMPLOYEE WHO IS  CONCURRENTLY  ELIGIBLE  FOR  BENEFITS  IN  THE
   53  EMPLOYMENT  OF  MORE THAN ONE COVERED EMPLOYER SHALL, WITHIN THE MAXIMUM
   54  HEREIN PROVIDED, BE TWO-THIRDS OF THE TOTAL OF  THE  EMPLOYEE'S  AVERAGE
   55  WEEKLY  WAGES  RECEIVED  FROM  ALL  SUCH COVERED EMPLOYERS, AND SHALL BE
       A. 1793--B                          5

    1  ALLOCATED IN THE PROPORTION OF  THEIR  RESPECTIVE  AVERAGE  WEEKLY  WAGE
    2  PAYMENTS.
    3    4. NOTWITHSTANDING ANY CONTRARY PROVISIONS IN THIS ARTICLE, AN EMPLOY-
    4  EE SHALL BE ENTITLED TO TAKE LEAVE FOR FAMILY CARE UNDER THIS ARTICLE ON
    5  AN INTERMITTENT OR REDUCED LEAVE SCHEDULE, EXCEPT THAT AN EMPLOYEE SHALL
    6  NOT  BE ENTITLED TO INTERMITTENT OR REDUCED LEAVE TO PROVIDE FAMILY CARE
    7  UNDER PARAGRAPH A OF SUBDIVISION FIFTEEN OF SECTION TWO HUNDRED  ONE  OF
    8  THIS  ARTICLE UNLESS SHOWN TO BE MEDICALLY NECESSARY. THE EMPLOYEE SHALL
    9  MAKE A REASONABLE EFFORT TO SCHEDULE INTERMITTENT OR REDUCED LEAVE SO AS
   10  NOT TO UNDULY DISRUPT THE OPERATIONS OF THE EMPLOYER. LEAVE TAKEN ON  AN
   11  INTERMITTENT  OR  REDUCED LEAVE SCHEDULE SHALL NOT RESULT IN A REDUCTION
   12  OF THE TOTAL AMOUNT OF LEAVE TO WHICH AN EMPLOYEE IS ENTITLED UNDER THIS
   13  ARTICLE BEYOND THE AMOUNT OF LEAVE ACTUALLY TAKEN.
   14    S 9. Subdivisions 1, 2, 3, 4, 7 and 8 of section 205 of  the  workers'
   15  compensation law, subdivision 1 as amended by chapter 651 of the laws of
   16  1958,  subdivision  2  as amended by chapter 270 of the laws of 1990 and
   17  subdivisions 3, 4, 7 and 8 as added by chapter 600 of the laws  of  1949
   18  and  as renumbered by chapter 352 of the laws of 1981, are amended and a
   19  new subdivision 9 is added to read as follows:
   20    1. (A) For DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY  OF
   21  AN EMPLOYEE, FOR more than twenty-six weeks during a period of fifty-two
   22  consecutive calendar weeks or during any one period of disability; OR
   23    (B)  FOR  FAMILY  CARE,  FOR MORE THAN TWELVE WEEKS DURING A PERIOD OF
   24  FIFTY-TWO CONSECUTIVE CALENDAR WEEKS OR DURING ANY ONE PERIOD OF  FAMILY
   25  CARE;
   26    2. for any period of disability RESULTING FROM THE INJURY, SICKNESS OR
   27  PREGNANCY  OF AN EMPLOYEE during which an employee is not under the care
   28  of a [duly licensed physician or with respect  to  disability  resulting
   29  from  a  condition  of  the foot which may lawfully be treated by a duly
   30  registered and licensed podiatrist of the state  of  New  York  or  with
   31  respect to a disability resulting from a condition which may lawfully be
   32  treated  by  a duly registered and licensed chiropractor of the state of
   33  New York or with respect to a  disability  resulting  from  a  condition
   34  which may lawfully be treated by a duly licensed dentist of the state of
   35  New  York  or  with  respect  to a disability resulting from a condition
   36  which may lawfully be treated by a duly registered and licensed psychol-
   37  ogist of the state of New York or with respect to a disability resulting
   38  from a condition which may lawfully be treated by a duly certified nurse
   39  midwife, for any period of such disability during which an  employee  is
   40  neither under the care of a physician nor a podiatrist, nor a chiroprac-
   41  tor,  nor  a dentist, nor a psychologist, nor a certified nurse midwife;
   42  and for any period of disability during which an employee who adheres to
   43  the faith or teachings of any church or denomination and who in  accord-
   44  ance with its creed, tenets or principles depends for healing upon pray-
   45  er  through  spiritual  means  alone in the practice of religion, is not
   46  under the care of a practitioner duly accredited by the church or denom-
   47  ination, and provided such employee shall submit to all  physical  exam-
   48  inations as required by this chapter.] HEALTH CARE PROVIDER;
   49    3. for any disability RESULTING FROM INJURY OR SICKNESS OF AN EMPLOYEE
   50  occasioned by the wilful intention of the employee to bring about injury
   51  to  or  the sickness of himself or another, or resulting from any injury
   52  or sickness sustained in the perpetration by the employee of an  illegal
   53  act;
   54    4.  for any day of disability during which the employee performed work
   55  for remuneration or profit; BUT NOT INCLUDING ANY REMUNERATION  RECEIVED
       A. 1793--B                          6

    1  FOR CARING FOR A FOSTER OR ADOPTED CHILD OR OTHER INDIVIDUAL RESIDING IN
    2  THE EMPLOYEE'S PLACE OF RESIDENCE;
    3    7.  for  any disability due to any act of war, declared or undeclared,
    4  if such act shall occur after June thirtieth,  nineteen  hundred  fifty,
    5  EXCEPT  THAT  NOTHING  IN  THIS  SUBDIVISION  SHALL BAR AN EMPLOYEE FROM
    6  RECEIVING BENEFITS UNDER THIS ARTICLE FOR CARE OF A FAMILY MEMBER  DISA-
    7  BLED DUE TO AN ACT OF WAR;
    8    8.  for any disability RESULTING FROM AN INJURY, SICKNESS OR PREGNANCY
    9  OF THE EMPLOYEE commencing before the employee becomes eligible to bene-
   10  fits hereunder [or commencing prior  to  July  first,  nineteen  hundred
   11  fifty,  but  this  shall not preclude benefits for recurrence after July
   12  first, nineteen hundred fifty, of a disability commencing  prior  there-
   13  to.];
   14    9. FOR ANY DAY OF ABSENCE FROM WORK RESULTING FROM INJURY, SICKNESS OR
   15  PREGNANCY   OF   THE   EMPLOYEE   TAKEN  UNDER  SECTION  SEVENTY-ONE  OR
   16  SEVENTY-THREE OF THE CIVIL SERVICE LAW.
   17    S 10. The workers' compensation law is amended by adding a new section
   18  205-a to read as follows:
   19    S 205-A. RELATIONSHIP BETWEEN DISABILITY BENEFITS FOR FAMILY CARE  AND
   20  FOR THE EMPLOYEE'S OWN INJURY, SICKNESS OR PREGNANCY.  1. THE RECEIPT OF
   21  BENEFITS  FOR DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF
   22  THE EMPLOYEE, SHALL NOT COUNT TOWARD ANY TIME LIMITATION UNDER  SUBDIVI-
   23  SION  ONE  OF SECTION TWO HUNDRED FIVE OF THIS ARTICLE ON THE RECEIPT OF
   24  BENEFITS FOR FAMILY CARE, AND THE RECEIPT OF BENEFITS  FOR  FAMILY  CARE
   25  SHALL  NOT  COUNT  TOWARD  ANY  TIME LIMITATION UNDER SUBDIVISION ONE OF
   26  SECTION TWO HUNDRED FIVE OF THIS ARTICLE ON THE RECEIPT OF BENEFITS  FOR
   27  DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY TO THE EMPLOYEE,
   28  EXCEPT  THAT  AN  EMPLOYEE  MAY  RECEIVE DISABILITY BENEFITS ON ONLY ONE
   29  CLAIM AT ANY TIME.
   30    2. AN EMPLOYER MAY REQUIRE THAT AN INDIVIDUAL WHO IS ENTITLED TO LEAVE
   31  UNDER THE PROVISIONS OF THE FAMILY AND MEDICAL LEAVE  ACT  OF  1993,  29
   32  U.S.C.  SEC.  2601  ET SEQ. SHALL TAKE ANY FAMILY CARE BENEFITS PROVIDED
   33  UNDER THIS ARTICLE CONCURRENTLY WITH LEAVE TAKEN PURSUANT TO THE  FAMILY
   34  AND MEDICAL LEAVE ACT.
   35    S  11.  Subdivision 3 of section 209 of the workers' compensation law,
   36  as amended by chapter 415 of the laws of 1983, is  amended  to  read  as
   37  follows:
   38    3.  The  contribution  of each such employee to the cost of disability
   39  benefits provided by this article shall be one-half of one per centum of
   40  the employee's wages paid to him  on  and  after  July  first,  nineteen
   41  hundred fifty, but not in excess of sixty cents per week FOR THE COST OF
   42  DISABILITY  BENEFITS  FOR  INJURY, SICKNESS OR PREGNANCY OF THE EMPLOYEE
   43  PLUS THE FAMILY CARE COST, AS  DEFINED  IN  SUBDIVISION  TWENTY-FOUR  OF
   44  SECTION TWO HUNDRED ONE OF THIS ARTICLE.
   45    S  11-a.  Section  210  of  the workers' compensation law, as added by
   46  chapter 600 of the laws of 1949, is amended to read as follows:
   47    S 210. Employer contributions. 1. Every covered employer shall, on and
   48  after January first, nineteen hundred  fifty,  contribute  the  cost  of
   49  providing  [disability]  benefits  FOR DISABILITY RESULTING FROM INJURY,
   50  SICKNESS OR PREGNANCY in excess of the contributions collected from  his
   51  employees, to the extent and in the manner provided in this article.
   52    2.  The  special  contribution of each covered employer to the accumu-
   53  lation of funds to provide benefits for disabled unemployed shall be  as
   54  provided in subdivision one of section two hundred fourteen.
   55    3. The contribution of every covered employer to the cost of providing
   56  [disability]  benefits FOR DISABILITY RESULTING FROM INJURY, SICKNESS OR
       A. 1793--B                          7

    1  PREGNANCY after June thirtieth, nineteen hundred  fifty,  shall  be  the
    2  excess  of such cost over the amount of the contributions of his employ-
    3  ees.
    4    4.  No  profit  shall  be  derived  by  any employer or association of
    5  employers or of employees from providing payment of disability  benefits
    6  under  this  article.  All funds representing contributions of employers
    7  and employees, and increments thereon, held by employers or associations
    8  of employers or of employees authorized or  permitted  to  pay  benefits
    9  under  the  provisions  of this article, and by trustees paying benefits
   10  under plans or  agreements  meeting  the  requirements  of  section  two
   11  hundred  eleven,  shall  be  trust  funds  and shall be expended only to
   12  provide for the payment of benefits to employees and for  the  costs  of
   13  administering  this  article and for the support of the fund established
   14  under section two hundred fourteen.
   15    S 12. Section 211 of the  workers'  compensation  law  is  amended  by
   16  adding two new subdivisions 7 and 8 to read as follows:
   17    7. SUCH FAMILY CARE BENEFITS AS ARE PROVIDED FOR IN THIS ARTICLE SHALL
   18  BE  IN ADDITION TO, AND SHALL NOT AMEND, REPEAL OR REPLACE, THE TERMS OF
   19  ANY AGREEMENT THAT IS COLLECTIVELY  NEGOTIATED BETWEEN AN  EMPLOYER  AND
   20  AN  EMPLOYEE  ORGANIZATION,  INCLUDING AGREEMENT OR INTEREST ARBITRATION
   21  AWARDS MADE PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
   22    8. NOTHING IN THIS ARTICLE SHALL REQUIRE AN EMPLOYER TO USE  THE  SAME
   23  CARRIER  TO PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE UNDER THIS ARTI-
   24  CLE FOR DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY  OF  THE
   25  EMPLOYEE AS IT USES TO PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE UNDER
   26  THIS  ARTICLE  FOR  FAMILY  CARE. AN EMPLOYER MAY USE A DIFFERENT MEANS,
   27  AMONG THOSE SET FORTH IN SUBDIVISIONS ONE THROUGH FIVE OF THIS  SECTION,
   28  TO  PROVIDE  BENEFITS  REQUIRED BY THIS ARTICLE FOR DISABILITY RESULTING
   29  FROM INJURY, SICKNESS OR PREGNANCY OF THE EMPLOYEE, FROM THE MEANS  USED
   30  TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE FOR FAMILY CARE.
   31    S 13. The workers' compensation law is amended by adding a new section
   32  211-a to read as follows:
   33    S  211-A.  PUBLIC  EMPLOYEES; EMPLOYEE OPT IN. 1. FOR PURPOSES OF THIS
   34  SECTION, "PUBLIC EMPLOYEE" MEANS ANY EMPLOYEE OF THE  STATE,  ANY  POLI-
   35  TICAL  SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY OR ANY OTHER GOVERN-
   36  MENTAL AGENCY OR INSTRUMENTALITY. "PUBLIC EMPLOYER" MEANS THE STATE, ANY
   37  POLITICAL SUBDIVISION OF THE STATE, A  PUBLIC  AUTHORITY  OR  ANY  OTHER
   38  GOVERNMENTAL  AGENCY OR INSTRUMENTALITY THEREOF. "EMPLOYEE ORGANIZATION"
   39  SHALL HAVE THE MEANING SET FORTH IN SECTION TWO HUNDRED ONE OF THE CIVIL
   40  SERVICE LAW.
   41    2. PUBLIC EMPLOYERS SHALL PROVIDE BENEFITS FOR FAMILY CARE  TO  PUBLIC
   42  EMPLOYEES WHERE AN EMPLOYEE ORGANIZATION THAT REPRESENTS THOSE EMPLOYEES
   43  OPTS  IN  TO FAMILY CARE IN ACCORDANCE WITH THE PROCEDURES AND TERMS SET
   44  FORTH IN SUBDIVISION THREE OF THIS SECTION.
   45    3. AN EMPLOYEE ORGANIZATION MAY OPT IN TO THE FAMILY CARE  BENEFIT  ON
   46  BEHALF OF THOSE EMPLOYEES IT REPRESENTS:
   47    A. UPON NOTICE GIVEN PRIOR TO APRIL FIRST, TWO THOUSAND FIFTEEN, WHICH
   48  OPT IN SHALL BECOME EFFECTIVE ONLY ON JULY FIRST, TWO THOUSAND FIFTEEN;
   49    B.  AT  ANY  TIME  UPON NINETY DAYS NOTICE FOR ANY EMPLOYER WHO IS NOT
   50  PROVIDING DISABILITY BENEFITS FOR INJURY, SICKNESS OR  PREGNANCY  OF  AN
   51  EMPLOYEE  UNDER  SECTION  TWO  HUNDRED TWELVE OF THIS ARTICLE, OR WHO IS
   52  SELF-INSURED FOR SUCH BENEFITS;
   53    C. FOR ANY EMPLOYER WHO IS PROVIDING DISABILITY BENEFITS  FOR  INJURY,
   54  SICKNESS OR PREGNANCY OF AN EMPLOYEE UNDER SECTION TWO HUNDRED TWELVE OF
   55  THIS  ARTICLE,  UPON NOTICE AT LEAST NINETY DAYS PRIOR TO THE EXPIRATION
   56  OF THE EMPLOYER'S INSURANCE POLICY FOR SUCH BENEFITS, WHICH OPT IN SHALL
       A. 1793--B                          8

    1  BE EFFECTIVE ONLY FOR THE TIME PERIOD COVERED BY ANY  SUBSEQUENT  POLICY
    2  OR RENEWAL; OR
    3    D.  AT ANY TIME AS IS MUTUALLY AGREED UPON BETWEEN THE EMPLOYEE ORGAN-
    4  IZATION AND ANY PUBLIC EMPLOYER.
    5    AN EMPLOYEE ORGANIZATION THAT HAS OPTED IN TO THE FAMILY CARE  BENEFIT
    6  MAY  OPT  OUT OF IT WITHIN THE TIME PERIODS, AND EFFECTIVE UPON THE SAME
    7  DATES, SET FORTH IN THIS PARAGRAPH.
    8    4. IN THE ABSENCE OF ANY CONTRARY STATEMENT IN  A COLLECTIVELY NEGOTI-
    9  ATED AGREEMENT UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, A PUBLIC
   10  EMPLOYER MAY REQUIRE PUBLIC EMPLOYEES WHO OPT IN UNDER THIS  SECTION  TO
   11  CONTRIBUTE  UP  TO THE FAMILY CARE COST, AS DEFINED IN SUBDIVISION TWEN-
   12  TY-FOUR OF SECTION TWO HUNDRED ONE OF THIS ARTICLE, PER WEEK IN  ACCORD-
   13  ANCE  WITH  THE  PROCEDURE SET FORTH IN SECTION TWO HUNDRED NINE OF THIS
   14  ARTICLE.
   15    S 14. Subdivisions 1 and 2 of section 212 of the workers' compensation
   16  law, subdivision 1 as amended by chapter 740 of the  laws  of  1960  and
   17  subdivision 2 as amended by chapter 120 of the laws of 1969, are amended
   18  to read as follows:
   19    1.  Any  employer  not  required  by  this  article to provide for the
   20  payment of disability benefits to his employees,  or  to  any  class  or
   21  classes  thereof,  may  become  a  covered  employer or bring within the
   22  provisions of this article such employees or class or classes thereof by
   23  voluntarily electing to provide for payment of [such] benefits FOR DISA-
   24  BILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF  AN  EMPLOYEE  OR
   25  FOR  FAMILY  CARE,  OR  BOTH,  in  one  or more of the ways set forth in
   26  section two hundred eleven OF THIS ARTICLE; but such election  shall  be
   27  subject  to  the  approval of the [chairman] CHAIR, and if the employees
   28  are required to contribute to the cost of such benefits the assent with-
   29  in thirty days before such approval is granted, of more than one-half of
   30  such employees shall be evidenced to the satisfaction of the  [chairman]
   31  CHAIR.   On approval by the [chairman] CHAIR of such election to provide
   32  benefits, all the provisions of this article shall become  and  continue
   33  applicable as if the employer were a covered employer as defined in this
   34  article.  The  obligation to continue as a covered employer with respect
   35  to employees for whom provision of benefits is not required  under  this
   36  article,  may  be discontinued by such employer on ninety days notice to
   37  the [chairman] CHAIR in writing and  to  his  employees,  after  he  has
   38  provided  for  payment  of  benefits for not less than one year and with
   39  such provision for payment of obligations incurred on and prior  to  the
   40  termination date as the [chairman] CHAIR may approve.  ANY ELECTION BY A
   41  PUBLIC  EMPLOYER  TO  PROVIDE  FAMILY  CARE  BENEFITS MADE PRIOR TO JULY
   42  FIRST, TWO THOUSAND FIFTEEN SHALL BE EFFECTIVE ON THAT DATE.
   43    2. Notwithstanding the definition of "employer"  and  "employment"  in
   44  section  two hundred one of this article, THE STATE, a public authority,
   45  a municipal corporation or a fire district or other  political  subdivi-
   46  sion  may become a covered employer under this article by complying with
   47  the provisions of subdivision one of this section  and  may  discontinue
   48  such status only as provided in [that] SUCH subdivision.
   49    S  15.  Subdivisions  1,  2,  3  and  4 of section 217 of the workers'
   50  compensation law, subdivision 1 as amended by chapter 167 of the laws of
   51  1999, subdivisions 2 and 3 as amended by chapter 270 of the laws of 1990
   52  and subdivision 4 as added by chapter 600  of  the  laws  of  1949,  are
   53  amended to read as follows:
   54    1.  Written  notice  and proof of disability shall be furnished to the
   55  employer by or on behalf of the employee claiming benefits  or,  in  the
   56  case  of  a claimant under section two hundred seven of this article, to
       A. 1793--B                          9

    1  the chair, within thirty days after commencement of the period of  disa-
    2  bility. Additional proof shall be furnished thereafter from time to time
    3  as  the employer or carrier or chair may require but not more often than
    4  once each week. Such proof shall include:
    5    (A) IN THE CASE OF DISABILITY RESULTING FROM INJURY, SICKNESS OR PREG-
    6  NANCY  OF  THE  EMPLOYEE,  a  statement  of disability by the employee's
    7  attending [physician or attending podiatrist or  attending  chiropractor
    8  or  attending  dentist  or attending psychologist or attending certified
    9  nurse midwife, or in the case of an employee who adheres to the faith or
   10  teachings of any church or denomination, and who in accordance with  its
   11  creed,  tenets  or  principles  depends  for healing upon prayer through
   12  spiritual means alone in the practice  of  religion,  by  an  accredited
   13  practitioner,  containing  facts  and  opinions as to such disability in
   14  compliance with regulations of the chair.] HEALTH CARE PROVIDER;
   15    (B) IN THE CASE OF FAMILY CARE FOR BONDING WITH A NEW CHILD,  A  BIRTH
   16  CERTIFICATE,  CERTIFICATE OF ADOPTION, OR OTHER COMPETENT EVIDENCE SHOW-
   17  ING THAT THE EMPLOYEE IS THE PARENT OF A CHILD WITHIN TWELVE  MONTHS  OF
   18  THAT  CHILD'S  BIRTH  OR  PLACEMENT FOR ADOPTION OR FOSTER CARE WITH THE
   19  EMPLOYEE;
   20    (C) IN THE CASE OF BENEFITS FOR CARE OF A FAMILY MEMBER WITH A SERIOUS
   21  HEALTH CONDITION:
   22    (I) A STATEMENT BY THE FAMILY MEMBER'S HEALTH CARE PROVIDER,  CONTAIN-
   23  ING  FACTS  AND  OPINIONS AS TO SUCH HEALTH CONDITION IN COMPLIANCE WITH
   24  REGULATIONS OF THE CHAIR; AND
   25    (II) A STATEMENT SUBSCRIBED BY THE EMPLOYEE AND AFFIRMED BY HIM OR HER
   26  AS TRUE UNDER PENALTIES OF  PERJURY,  OR  OTHER  EQUIVALENT  DOCUMENTARY
   27  PROOF,  THAT  THE EMPLOYEE IS A PRIMARY CARE GIVER FOR THE FAMILY MEMBER
   28  DURING THE TIME OF DISABILITY;
   29    (D) IN THE CASE OF BENEFITS DUE TO A MILITARY EXIGENCY, PROOF OF  CALL
   30  TO  ACTIVE  DUTY  AND  CERTIFICATION  THAT  THE  LEAVE IS FOR ONE OF THE
   31  EXIGENCIES AUTHORIZED FOR LEAVE  UNDER  REGULATION  OF  THE  FAMILY  AND
   32  MEDICAL LEAVE ACT, 29 CFR SEC. 825.309(6).
   33    Failure  to  furnish notice or proof within the time and in the manner
   34  above provided shall not invalidate the claim but no benefits  shall  be
   35  required to be paid for any period more than two weeks prior to the date
   36  on which the required proof is furnished unless it shall be shown to the
   37  satisfaction  of  the  chair  not  to  have  been reasonably possible to
   38  furnish such notice or proof and that such notice or proof was furnished
   39  as soon as possible; provided, however, that no benefits shall  be  paid
   40  unless  the  required proof of disability is furnished within twenty-six
   41  weeks after commencement of the period of disability.  No limitation  of
   42  time  provided  in  this  section shall run as against any person who is
   43  mentally incompetent, or physically incapable of providing  such  notice
   44  as  a  result of a serious medical condition, or a minor so long as such
   45  person has no guardian of the person and/or property.
   46    2. An employee claiming benefits FOR THE EMPLOYEE'S  INJURY,  SICKNESS
   47  OR  PREGNANCY,  OR  THE FAMILY MEMBER OF SUCH EMPLOYEE IN ANY CASE WHERE
   48  THE EMPLOYEE CLAIMS FAMILY CARE BENEFITS  FOR  PROVIDING  CARE  TO  THAT
   49  FAMILY  MEMBER  shall,  as  requested by the employer or carrier, submit
   50  himself or herself at intervals, but not more  than  once  a  week,  for
   51  examination  by a [physician or podiatrist or chiropractor or dentist or
   52  psychologist or certified nurse midwife] RELEVANT HEALTH  CARE  PROVIDER
   53  designated  by  the  employer or carrier. All such examinations shall be
   54  without cost to the employee OR FAMILY MEMBER and shall  be  held  at  a
   55  reasonable time and place.
       A. 1793--B                         10

    1    3. The chair may direct the claimant WHO SEEKS DISABILITY BENEFITS FOR
    2  HIS  OR  HER  INJURY,  SICKNESS  OR  PREGNANCY, OR THE CLAIMANT'S FAMILY
    3  MEMBER WHERE THE CLAIMANT SEEKS DISABILITY BENEFITS FOR FAMILY LEAVE  TO
    4  PROVIDE CARE TO THAT FAMILY MEMBER to submit to examination by a [physi-
    5  cian  or podiatrist or chiropractor or dentist or psychologist] RELEVANT
    6  HEALTH CARE PROVIDER designated by him or her in any case in  which  the
    7  claim  to  disability  benefits is contested and in claims arising under
    8  section two hundred seven OF THIS ARTICLE, and in  other  cases  as  the
    9  chair or board may require.
   10    4.  Refusal  of  the  claimant  OR FAMILY MEMBER without good cause to
   11  submit to any such examination shall disqualify [him] THE CLAIMANT  from
   12  all  benefits  hereunder  for  the  period of such refusal, except as to
   13  benefits already paid.
   14    S 16.  Section 221 of the workers'  compensation  law,  as  separately
   15  amended  by chapters 425 and 500 of the laws of 1985, is amended to read
   16  as follows:
   17    S 221. Determination of  contested  claims  for  disability  benefits.
   18  Within  twenty-six  weeks  of  written notice of rejection of claim, the
   19  employee may file with the [chairman] CHAIR a notice  that  his  or  her
   20  claim  for disability benefits has not been paid, and the employee shall
   21  submit proof of disability and of his or her employment, wages and other
   22  facts reasonably necessary for determination of the employee's right  to
   23  such  benefits.    Failure to file such notice within the time provided,
   24  may be excused by the [chairman] CHAIR if it can be shown to the  satis-
   25  faction  of the [chairman] CHAIR not to have been reasonably possible to
   26  furnish such notice and that such notice was furnished as soon as possi-
   27  ble.  On demand of the [chairman] CHAIR the employer  or  carrier  shall
   28  forthwith deliver to the [chairman] CHAIR PROOF OF DISABILITY, INCLUDING
   29  IF RELEVANT the original or a true copy of the [attending physician's or
   30  attending podiatrist's or accredited practitioner's] HEALTH CARE PROVID-
   31  ER'S  statement,  wage  and  employment data and all other papers in the
   32  possession of the employer or carrier with  respect  to  such  claim  OR
   33  COMPLAINT.
   34    The  board shall have full power and authority to determine all issues
   35  in relation to every such claim  for  disability  benefits  required  or
   36  provided  under  this article, and shall file its decision in the office
   37  of the [chairman] CHAIR.  Upon such filing, the [chairman]  CHAIR  shall
   38  send  to  the  parties  a copy of the decision. Either party may present
   39  evidence and be represented by counsel at any  hearing  on  such  claim.
   40  The  decision  of  the  board shall be final as to all questions of fact
   41  and, except as provided in section twenty-three of this chapter,  as  to
   42  all questions of law. Every decision of the board shall be complied with
   43  in  accordance  with its terms within ten days thereafter except in case
   44  of appeal, and any payments due under such decision  shall  draw  simple
   45  interest  from thirty days after the making thereof at the rate provided
   46  in section five thousand four of the civil practice law and rules.
   47    S 16-a. Subdivisions 2 and 3 of section 226 of  the  workers'  compen-
   48  sation  law, as added by chapter 600 of the laws of 1949, are amended to
   49  read as follows:
   50    2. Every such policy shall contain a provision that,  as  between  the
   51  employee  and  the  insurance carrier, the notice to or knowledge of the
   52  occurrence of the [injury or sickness] DISABILITY on  the  part  of  the
   53  employer  shall be deemed notice or knowledge as the case may be, on the
   54  part of the insurance carrier; that jurisdiction of the employer  shall,
   55  for the purpose of this chapter, be jurisdiction of the insurance carri-
   56  er  and  that  the insurance carrier shall in all things be bound by and
       A. 1793--B                         11

    1  subject to the orders, findings or decisions rendered in connection with
    2  the payment of benefits under the provisions of this article.
    3    3.  Every such policy shall contain a provision to the effect that the
    4  insolvency or bankruptcy of the employer shall not relieve the insurance
    5  carrier from the payment of benefits  for  disability  [suffered  by  an
    6  employee] THAT OCCURS during the life of such policy.
    7    S 17. Subdivisions 1 and 2 of section 229 of the workers' compensation
    8  law,  subdivision 1 as amended and subdivision 2 as added by chapter 271
    9  of the laws of 1985, is amended to read as follows:
   10    1. Each covered employer shall post  and  maintain  in  a  conspicuous
   11  place  or places in and about the employer's place or places of business
   12  typewritten or printed notices in form prescribed by the chairman, stat-
   13  ing that the employer has provided for the payment of  disability  bene-
   14  fits  as  required by this article. The chairman may require any covered
   15  employer to furnish a written statement at any time showing the  carrier
   16  insuring  the  payment  of  benefits under this article or the manner in
   17  which such employer has complied with section two hundred eleven or  any
   18  other  provision  of  this  article. Failure for a period of ten days to
   19  furnish such written statement  shall  constitute  presumptive  evidence
   20  that  such  employer  has  neglected  or failed in respect of any of the
   21  matters so required. EACH COVERED EMPLOYER SHALL PROVIDE  EACH  EMPLOYEE
   22  WITH A TYPEWRITTEN, PRINTED OR ELECTRONIC NOTICE IN A FORM PRESCRIBED BY
   23  THE  CHAIR,  STATING  THAT  THE EMPLOYER HAS PROVIDED FOR THE PAYMENT OF
   24  DISABILITY BENEFITS AS REQUIRED BY THIS ARTICLE WITHIN  THIRTY  DAYS  OF
   25  THE  EFFECTIVE  DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FOURTEEN
   26  WHICH AMENDED THIS SUBDIVISION. EACH COVERED EMPLOYER SHALL PROVIDE SUCH
   27  NOTICE TO ALL NEW EMPLOYEES WITHIN THIRTY DAYS OF  THEIR  FIRST  DAY  OF
   28  WORK.
   29    2.  Whenever  an  employee  of  a covered employer who is eligible for
   30  benefits under section two hundred four of this article shall be  absent
   31  from  work due to a disability as defined in subdivision nine of section
   32  two hundred one of this article for more than  seven  consecutive  days,
   33  the  employer shall provide the employee with a written statement of the
   34  employee's rights under this article in a form prescribed by the [chair-
   35  man] CHAIR. The statement shall be provided to the employee within  five
   36  business  days  after  the employee's seventh consecutive day of absence
   37  due to disability or within five business days after the employer  knows
   38  or  should know that the employee's absence is due to disability, which-
   39  ever is later.
   40    S 18. The workers' compensation law is amended by adding a new section
   41  239-a to read as follows:
   42    S 239-A. FAMILY CARE OUTREACH STUDY AND MONITORING.  1. THE DEPARTMENT
   43  OF LABOR SHALL DEVELOP AND IMPLEMENT  A  PUBLIC  EDUCATION  CAMPAIGN  TO
   44  INFORM  WORKERS  AND EMPLOYERS REGARDING THE AVAILABILITY OF FAMILY CARE
   45  UNDER THIS CHAPTER. THE DEPARTMENT OF LABOR'S PUBLIC  OUTREACH  CAMPAIGN
   46  MAY INCLUDE LOCALLY TAILORED PUBLIC EDUCATION STRATEGIES TARGETED TO NEW
   47  PARENTS  AND FAMILY CAREGIVERS WHO MAY BE ELIGIBLE FOR FAMILY CARE UNDER
   48  THIS CHAPTER. AS PART OF THE PUBLIC EDUCATION PROGRAM, PUBLIC  OFFICIALS
   49  MAY  MAINTAIN  A  SUPPLY  OF INFORMATIONAL LEAFLETS IN PUBLIC BUILDINGS,
   50  INCLUDING BUT NOT LIMITED TO LOCAL EMPLOYMENT SERVICES  OFFICES  OF  THE
   51  DEPARTMENT  OF  LABOR, INSTITUTIONS AND FACILITIES UNDER THE SUPERVISION
   52  OR CONTROL OF THE DEPARTMENT OF HEALTH, HOSPITALS, UNION HALLS, COMMUNI-
   53  TY CENTERS, SCHOOLS AND LOCAL AGENCIES PROVIDING SERVICES  TO  EMPLOYERS
   54  AND  EMPLOYEES  TO  HELP  ENSURE  THAT  SUCH PERSONS ARE INFORMED OF THE
   55  AVAILABILITY OF FAMILY CARE UNDER THIS CHAPTER. THE DEPARTMENT OF  LABOR
   56  SHALL  MAKE  PUBLIC EDUCATION INFORMATION AVAILABLE IN ENGLISH, SPANISH,
       A. 1793--B                         12

    1  CHINESE,  RUSSIAN,  ITALIAN,  KOREAN,  HAITIAN  CREOLE,  AND  ANY  OTHER
    2  LANGUAGES DEEMED APPROPRIATE BY THE DEPARTMENT OF LABOR.
    3    2. THE DEPARTMENT OF FINANCIAL SERVICES SHALL STUDY, AND REPORT TO THE
    4  GOVERNOR AND BOTH HOUSES OF THE LEGISLATURE BY APRIL FIRST, TWO THOUSAND
    5  FIFTEEN,  ON  THE  FEASIBILITY AND IMPACT OF COMMUNITY RATING DISABILITY
    6  INSURANCE OR ANY ASPECT THEREOF.
    7    3. THERE SHALL BE CREATED THE  FAMILY  CARE  ADVISORY  COUNCIL,  WHICH
    8  SHALL  CONSIST  OF  FIFTEEN  MEMBERS  TO BE APPOINTED BY THE GOVERNOR AS
    9  FOLLOWS: TWO ON RECOMMENDATION BY THE NEW YORK STATE AMERICAN FEDERATION
   10  OF LABOR-CONGRESS OF INDUSTRIAL ORGANIZATIONS,  ONE  OF  WHOM  SHALL  BE
   11  REPRESENTATIVE  OF PUBLIC EMPLOYEE ORGANIZATIONS CERTIFIED UNDER ARTICLE
   12  FOURTEEN OF THE CIVIL SERVICE LAW, PARTICIPATING IN THE PAID FAMILY CARE
   13  PLAN, ONE OF WHOM  IS  REPRESENTATIVE  OF  UNIONS  REPRESENTING  WORKERS
   14  EMPLOYED IN THE PRIVATE SECTOR; TWO WHO ARE REPRESENTATIVES OF ORGANIZA-
   15  TIONS  THAT REPRESENT EITHER COVERED BUSINESS OR PUBLIC EMPLOYERS IN NEW
   16  YORK STATE PARTICIPATING IN THE PAID FAMILY LEAVE  PLAN;  TWO  ON  NOMI-
   17  NATION OF THE SPEAKER OF THE ASSEMBLY; ONE ON NOMINATION BY THE MINORITY
   18  LEADER OF THE ASSEMBLY; TWO ON NOMINATION BY THE TEMPORARY  PRESIDENT OF
   19  THE  SENATE; ONE ON NOMINATION BY THE MINORITY LEADER OF THE SENATE; AND
   20  THE SUPERINTENDENT OF FINANCIAL SERVICES, COMMISSIONER  OF  LABOR    AND
   21  CHAIR  OF THE WORKERS' COMPENSATION BOARD, WHO SHALL SERVE AS MEMBERS EX
   22  OFFICIO. THE COMMISSIONER OF LABOR SHALL SERVE AS CHAIR OF THE  COUNCIL.
   23  THE  SUPERINTENDENT  OF  FINANCIAL  SERVICES  AND  CHAIR OF THE WORKERS'
   24  COMPENSATION BOARD   SHALL CONSULT REGULARLY WITH  THE  COUNCIL  ON  THE
   25  IMPLEMENTATION  OF THE FAMILY CARE BENEFIT. THE DEPARTMENT OF LABOR, THE
   26  DEPARTMENT OF FINANCIAL SERVICES AND  THE  WORKERS'  COMPENSATION  BOARD
   27  SHALL  PROVIDE  ALL NECESSARY PERSONNEL AND LOGISTICAL SUPPORT AS MAY BE
   28  NECESSARY TO COMPLETE THE DUTIES OF THE ADVISORY COUNCIL. THE COUNCIL OR
   29  ANY OF ITS MEMBERS MAY ISSUE SUCH RECOMMENDATIONS  OR  REPORTS  AS  THEY
   30  DEEM WARRANTED ON THE FAMILY CARE BENEFIT, INCLUDING ON THE SCOPE OF THE
   31  BENEFIT,  PROBLEMS  WITH  THE BENEFIT; FUNDING OF THE BENEFIT  INCLUDING
   32  PASS-THROUGH COSTS; POSSIBLE STATUTORY AMENDMENTS AND REGULATORY  CHANG-
   33  ES;  USAGE  RATES;  OUTREACH; AND COMMUNITY RATING. ANY SUCH RECOMMENDA-
   34  TIONS OR REPORTS SHALL BE PROVIDED TO THE  GOVERNOR,  SUPERINTENDENT  OF
   35  FINANCIAL  SERVICES, SPEAKER OF THE ASSEMBLY, TEMPORARY PRESIDENT OF THE
   36  SENATE AND MINORITY LEADERS OF THE SENATE AND ASSEMBLY.  EACH MEMBER  OF
   37  THE COMMISSION SHALL SERVE A TERM OF THREE YEARS. AN APPOINTMENT TO FILL
   38  A  VACANCY SHALL BE MADE FOR THE REMAINDER OF THE AFFECTED TERM. MEMBERS
   39  SHALL RECEIVE NO COMPENSATION.
   40    S 19. Paragraph 3 of subsection (a) of section 1113 of  the  insurance
   41  law is amended to read as follows:
   42    (3) "Accident and health insurance," means (i) insurance against death
   43  or  personal  injury  by  accident  or by any specified kind or kinds of
   44  accident and insurance  against  sickness,  ailment  or  bodily  injury,
   45  including  insurance  providing  disability benefits pursuant to article
   46  nine of the workers' compensation law,  INCLUDING  ANY  INSURANCE  UNDER
   47  THAT  ARTICLE  FOR  FAMILY  CARE BENEFITS, DISABILITY BENEFITS RESULTING
   48  FROM INJURY, SICKNESS OR PREGNANCY OF AN EMPLOYEE,  OR  ALL,  except  as
   49  specified in item (ii) [hereof] OF THIS PARAGRAPH; and (ii) non-cancell-
   50  able  disability insurance, meaning insurance against disability result-
   51  ing from sickness, ailment or bodily  injury  (but  excluding  insurance
   52  solely against accidental injury) under any contract which does not give
   53  the  insurer the option to cancel or otherwise terminate the contract at
   54  or after one year from its effective date or renewal date.
   55    S 20. This act shall take effect immediately; provided, however, that:
       A. 1793--B                         13

    1    (a) Sections two, three, four, five, six,  seven,  eight,  nine,  ten,
    2  eleven,  twelve,  thirteen,  fourteen,  fifteen,  sixteen, seventeen and
    3  nineteen of this act shall take effect January 1, 2015.
    4    (b)  Paragraph  a  of  subdivision  3 of section 211-a of the workers'
    5  compensation law, as added by section  thirteen  of  this  act  allowing
    6  public employees to opt in to family care benefits prior to July 1, 2015
    7  and  subdivision  1  of  section 212 of the workers' compensation law as
    8  amended by section fourteen of this act allowing public employers to opt
    9  in to family care benefits prior to July  1,  2015,  shall  take  effect
   10  immediately.
   11    (c)  Effective  immediately,  the addition, amendment and/or repeal of
   12  any rules or regulations necessary for the implementation of this act on
   13  its effective date are authorized and directed to be made and  completed
   14  on or before such effective date.
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