A01793 Summary:
BILL NO | A01793B |
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SAME AS | SAME AS S04742-B |
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SPONSOR | Nolan (MS) |
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COSPNSR | Cook, Weprin, Jaffee, Jacobs, Weisenberg, Schimel, Titus, Hooper, Heastie, Colton, Rosenthal, Simotas, Rozic, Fahy, Mosley, Perry, Ortiz |
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MLTSPNSR | Brennan, Clark, Glick, Gottfried, Markey, Millman, Scarborough, Sepulveda, Weinstein |
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Amd Work Comp L, generally; amd S1113, Ins L | |
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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. |
A01793 Actions:
BILL NO | A01793B | |||||||||||||||||||||||||||||||||||||||||||||||||
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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 |
A01793 Floor Votes:
Yes
Abbate
No
Crouch
Yes
Gunther
No
Malliotakis
Yes
Pretlow
No
Stec
Yes
Abinanti
No
Curran
No
Hawley
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Arroyo
No
Cusick
Yes
Heastie
Yes
Mayer
No
Ra
Yes
Stirpe
Yes
Aubry
Yes
Cymbrowitz
No
Hennessey
Yes
McDonald
No
Raia
Yes
Sweeney
No
Barclay
Yes
Davila
Yes
Hevesi
No
McDonough
ER
Ramos
No
Tedisco
Yes
Barrett
Yes
DenDekker
Yes
Hikind
No
McKevitt
Yes
Rivera
No
Tenney
Yes
Benedetto
Yes
Dinowitz
Yes
Hooper
No
McLaughlin
Yes
Roberts
Yes
Thiele
No
Blankenbush
No
DiPietro
Yes
Jacobs
Yes
Miller
Yes
Robinson
Yes
Titone
No
Borelli
No
Duprey
Yes
Jaffee
Yes
Millman
ER
Rodriguez
Yes
Titus
AB
Boyland
Yes
Englebright
No
Johns
No
Montesano
Yes
Rosa
No
Walter
Yes
Braunstein
Yes
Fahy
No
Katz
Yes
Morelle
Yes
Rosenthal
ER
Weinstein
Yes
Brennan
Yes
Farrell
Yes
Kavanagh
Yes
Mosley
Yes
Rozic
ER
Weisenberg
Yes
Brindisi
No
Finch
Yes
Kearns
Yes
Moya
Yes
Russell
Yes
Weprin
Yes
Bronson
No
Fitzpatrick
AB
Kellner
No
Nojay
Yes
Ryan
Yes
Wright
Yes
Brook-Krasny
No
Friend
Yes
Kim
Yes
Nolan
No
Saladino
Yes
Zebrowski
Yes
Buchwald
Yes
Galef
No
Kolb
No
Oaks
Yes
Santabarbara
Yes
Mr. Speaker
No
Butler
Yes
Gantt
No
Lalor
Yes
O'Donnell
Yes
Scarborough
Yes
Cahill
No
Garbarino
Yes
Lavine
Yes
Ortiz
Yes
Schimel
Yes
Camara
No
Giglio
Yes
Lentol
Yes
Otis
No
Schimminger
Yes
Ceretto
Yes
Gjonaj
Yes
Lifton
No
Palmesano
Yes
Sepulveda
Yes
Clark
ER
Glick
No
Lopez
No
Palumbo
No
Simanowitz
Yes
Colton
Yes
Goldfeder
Yes
Lupardo
Yes
Paulin
ER
Simotas
Yes
Cook
No
Goodell
No
Lupinacci
Yes
Peoples-Stokes
No
Skartados
No
Corwin
Yes
Gottfried
Yes
Magee
Yes
Perry
Yes
Skoufis
Yes
Crespo
No
Graf
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
‡ Indicates voting via videoconference
A01793 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 1793--B 2013-2014 Regular Sessions IN ASSEMBLY (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. LBD00122-04-4A. 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 § 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 § 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 § 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 § 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. § 2612(a)(1)(E) and 29 C.F.R. § 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 § 6. The workers' compensation law is amended by adding a new section 41 203-a to read as follows: 42 § 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 § 7. The workers' compensation law is amended by adding a new section 50 203-b to read as follows: 51 § 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 purposeA. 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 § 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 beA. 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 § 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 resulting29from a condition of the foot which may lawfully be treated by a duly30registered and licensed podiatrist of the state of New York or with31respect to a disability resulting from a condition which may lawfully be32treated by a duly registered and licensed chiropractor of the state of33New York or with respect to a disability resulting from a condition34which may lawfully be treated by a duly licensed dentist of the state of35New York or with respect to a disability resulting from a condition36which may lawfully be treated by a duly registered and licensed psychol-37ogist of the state of New York or with respect to a disability resulting38from a condition which may lawfully be treated by a duly certified nurse39midwife, for any period of such disability during which an employee is40neither under the care of a physician nor a podiatrist, nor a chiroprac-41tor, nor a dentist, nor a psychologist, nor a certified nurse midwife;42and for any period of disability during which an employee who adheres to43the faith or teachings of any church or denomination and who in accord-44ance with its creed, tenets or principles depends for healing upon pray-45er through spiritual means alone in the practice of religion, is not46under the care of a practitioner duly accredited by the church or denom-47ination, and provided such employee shall submit to all physical exam-48inations 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 receivedA. 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 hundred11fifty, but this shall not preclude benefits for recurrence after July12first, nineteen hundred fifty, of a disability commencing prior there-13to.]; 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 seventy- 16 three of the civil service law. 17 § 10. The workers' compensation law is amended by adding a new section 18 205-a to read as follows: 19 § 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 § 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 § 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 § 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 orA. 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 § 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 § 13. The workers' compensation law is amended by adding a new section 32 211-a to read as follows: 33 § 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 shallA. 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 § 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 § 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, toA. 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 chiropractor8or attending dentist or attending psychologist or attending certified9nurse midwife, or in the case of an employee who adheres to the faith or10teachings of any church or denomination, and who in accordance with its11creed, tenets or principles depends for healing upon prayer through12spiritual means alone in the practice of religion, by an accredited13practitioner, containing facts and opinions as to such disability in14compliance 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 or52psychologist 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-5cian 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 § 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 § 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 or30attending 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 § 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 andA. 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 an6employee] that occurs during the life of such policy. 7 § 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-35man] 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 § 18. The workers' compensation law is amended by adding a new section 41 239-a to read as follows: 42 § 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 § 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 § 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.