- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
S08380 Summary:
BILL NO | S08380A |
  | |
SAME AS | SAME AS A10639-A |
  | |
SPONSOR | FUNKE |
  | |
COSPNSR | CARLUCCI, VALESKY |
  | |
MLTSPNSR | |
  | |
Amd §§201, 205 & 217, Work Comp L | |
  | |
Authorizes paid family leave for bereavement beginning in 2020. |
S08380 Actions:
BILL NO | S08380A | |||||||||||||||||||||||||||||||||||||||||||||||||
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05/04/2018 | REFERRED TO LABOR | |||||||||||||||||||||||||||||||||||||||||||||||||
06/13/2018 | AMEND AND RECOMMIT TO LABOR | |||||||||||||||||||||||||||||||||||||||||||||||||
06/13/2018 | PRINT NUMBER 8380A | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2018 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2018 | ORDERED TO THIRD READING CAL.1963 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2018 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2018 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2018 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2018 | substituted for a10639a | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2018 | ordered to third reading rules cal.283 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2018 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2018 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
12/18/2018 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
12/28/2018 | VETOED MEMO.372 |
S08380 Committee Votes:
Go to topS08380 Floor Votes:
Yes
Abbate
Yes
Cook
No
Garbarino
Yes
Lupardo
Yes
Pellegrino
No
Stec
Yes
Abinanti
Yes
Crespo
Yes
Giglio
Yes
Magee
Yes
Peoples-Stokes
Yes
Steck
Yes
Arroyo
No
Crouch
Yes
Glick
Yes
Magnarelli
Yes
Perry
Yes
Stern
No
Ashby
Yes
Curran
No
Goodell
No
Malliotakis
Yes
Pheffer Amato
Yes
Stirpe
Yes
Aubry
Yes
Cusick
Yes
Gottfried
Yes
McDonald
Yes
Pichardo
No
Tague
Yes
Barclay
Yes
Cymbrowitz
Yes
Gunther
Yes
McDonough
Yes
Pretlow
Yes
Taylor
Yes
Barnwell
Yes
Davila
No
Hawley
No
Mikulin
Yes
Quart
Yes
Thiele
Yes
Barrett
Yes
De La Rosa
Yes
Hevesi
No
Miller B
Yes
Ra
Yes
Titone
Yes
Barron
Yes
DenDekker
ER
Hikind
Yes
Miller MG
Yes
Raia
Yes
Titus
Yes
Benedetto
Yes
Dickens
Yes
Hooper
Yes
Miller ML
Yes
Ramos
Yes
Vanel
Yes
Bichotte
Yes
Dilan
Yes
Hunter
No
Montesano
Yes
Richardson
Yes
Walker
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Morelle
Yes
Rivera
Yes
Wallace
No
Blankenbush
No
DiPietro
Yes
Jaffee
No
Morinello
Yes
Rodriguez
No
Walsh
Yes
Bohen
Yes
D'Urso
Yes
Jean-Pierre
Yes
Mosley
Yes
Rosenthal D
Yes
Walter
No
Brabenec
Yes
Englebright
Yes
Jenne
No
Murray
Yes
Rosenthal L
Yes
Weinstein
Yes
Braunstein
ER
Epstein
No
Johns
Yes
Niou
Yes
Rozic
Yes
Weprin
Yes
Brindisi
No
Errigo
Yes
Jones
Yes
Nolan
Yes
Ryan
Yes
Williams
Yes
Bronson
Yes
Espinal
Yes
Joyner
No
Norris
Yes
Santabarbara
Yes
Woerner
Yes
Buchwald
Yes
Fahy
Yes
Kim
No
Oaks
No
Schimminger
Yes
Wright
No
Butler
Yes
Fernandez
No
Kolb
Yes
O'Donnell
Yes
Seawright
Yes
Zebrowski
No
Byrne
Yes
Finch
No
Lalor
Yes
Ortiz
Yes
Simon
Yes
Mr. Speaker
Yes
Cahill
No
Fitzpatrick
Yes
Lavine
Yes
Otis
Yes
Simotas
Yes
Carroll
Yes
Friend
No
Lawrence
No
Palmesano
Yes
Skoufis
No
Castorina
Yes
Galef
Yes
Lentol
No
Palumbo
No
Smith
Yes
Colton
ER
Gantt
Yes
Lifton
Yes
Paulin
Yes
Solages
‡ Indicates voting via videoconference
S08380 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 8380--A IN SENATE May 4, 2018 ___________ Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the workers' compensation law, in relation to paid fami- ly leave and bereavement The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 15 of section 201 of the workers' compensation 2 law, as added by section 2 of part SS of chapter 54 of the laws of 2016, 3 is amended to read as follows: 4 15. "Family leave" shall mean any leave taken by an employee from 5 work: (a) to participate in providing care, including physical or 6 psychological care, for a family member of the employee made necessary 7 by a serious health condition of the family member including bereavement 8 upon the death of such family member; or (b) to bond with the employee's 9 child during the first twelve months after the child's birth, or the 10 first twelve months after the placement of the child for adoption or 11 foster care with the employee; or (c) because of any qualifying exigency 12 as interpreted under the family and medical leave act, 29 U.S.C.S § 13 2612(a)(1)(e) and 29 C.F.R. S.825.126(a)(1)-(8), arising out of the fact 14 that the spouse, domestic partner, child, or parent of the employee is 15 on active duty (or has been notified of an impending call or order to 16 active duty) in the armed forces of the United States; or (d) leave 17 taken for the purposes of bereavement due to the death of a family 18 member. 19 § 2. Paragraph (b) of subdivision 2 of section 205 of the workers' 20 compensation law, as added by section 6 of part SS of chapter 54 of the 21 laws of 2016, is amended to read as follows: 22 (b) For any period of family leave wherein the notice and medical 23 certification, or death certificate, as prescribed by the chair has not 24 been filed. At the discretion of the chair or chair's designee pursuant 25 to section two hundred twenty-one of this article, the family member who 26 is the recipient of care may be required to submit to a physical exam- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15544-10-8S. 8380--A 2 1 ination by a qualified health care provider unless such family member is 2 unable to be examined due to death. Such examination shall be paid for 3 by the carrier; and 4 § 3. Subdivision 5 of section 205 of the workers' compensation law, as 5 added by section 6 of part SS of chapter 54 of the laws of 2016, is 6 amended to read as follows: 7 5. In any case in which the necessity for family leave is foreseeable 8 based on an expected birth or placement, the employee shall provide the 9 employer with not less than thirty days notice before the date the leave 10 is to begin, of the employee's intention to take family leave under this 11 article, except that if the date of the birth or placement requires 12 leave to begin in less than thirty days, the employee shall provide such 13 notice as is practicable. In any case in which the necessity for family 14 leave is foreseeable based on planned medical treatment, the employee 15 shall provide the employer with not less than thirty days notice, before 16 the date the leave is to begin, of the employees intention to take fami- 17 ly leave under this article, except that if the date of the treatment 18 requires leave to begin in less than thirty days, the employee shall 19 provide such notice as is practicable. In the case of family leave due 20 to bereavement notice shall be provided as soon as practicable. 21 § 4. Subdivision 1 of section 217 of the workers' compensation law, as 22 amended by section 16 of part SS of chapter 54 of the laws of 2016, is 23 amended to read as follows: 24 1. Written notice and proof of disability or proof of need for family 25 leave shall be furnished to the employer by or on behalf of the employee 26 claiming benefits or, in the case of a claimant under section two 27 hundred seven of this article, to the chair, within thirty days after 28 commencement of the period of disability. Additional proof shall be 29 furnished thereafter from time to time as the employer or carrier or 30 chair may require but not more often than once each week. Such proof 31 shall include a statement of disability by the employee's attending 32 physician or attending podiatrist or attending chiropractor or attending 33 dentist or attending psychologist or attending certified nurse midwife 34 or family leave care recipient's health care provider, or in the case of 35 an employee who adheres to the faith or teachings of any church or 36 denomination, and who in accordance with its creed, tenets or principles 37 depends for healing upon prayer through spiritual means alone in the 38 practice of religion, by an accredited practitioner, containing facts 39 and opinions as to such disability in compliance with regulations of the 40 chair. In the event that the claimant is eligible for family leave due 41 to bereavement, a death certificate shall serve as proof of need of 42 leave. Failure to furnish notice or proof within the time and in the 43 manner above provided shall not invalidate the claim but no benefits 44 shall be required to be paid for any period more than two weeks prior to 45 the date on which the required proof is furnished unless it shall be 46 shown to the satisfaction of the chair not to have been reasonably 47 possible to furnish such notice or proof and that such notice or proof 48 was furnished as soon as possible; provided, however, that no benefits 49 shall be paid unless the required proof of disability is furnished with- 50 in the period of actual disability or family leave that does not exceed 51 the statutory maximum period permitted under section two hundred four of 52 this article. No limitation of time provided in this section shall run 53 as against any disabled employee who is mentally incompetent, or phys- 54 ically incapable of providing such notice as a result of a serious 55 medical condition, or a minor so long as such person has no guardian of 56 the person and/or property.S. 8380--A 3 1 § 5. Subdivisions 3 and 4 of section 217 of the workers' compensation 2 law, as amended by section 16 of part SS of chapter 54 of the laws of 3 2016, are amended to read as follows: 4 3. The chair or chair's designee, pursuant to section two hundred 5 twenty-one of this article, may direct the claimant or family leave care 6 recipient to submit to examination by a health care provider designated 7 by him or her in any case in which the claim to disability or family 8 leave benefits is contested and in claims arising under section two 9 hundred seven of this article, and in other cases as the chair or board 10 may require. In the event that the family member or the family leave 11 care recipient is unable to be examined due to death, this section shall 12 not apply. 13 4. Refusal of the claimant or family leave care recipient without good 14 cause to submit to any such examination shall disqualify the claimant or 15 employee from all benefits hereunder for the period of such refusal, 16 except as to benefits already paid. In the event that the family member 17 or family leave care recipient is unable to be examined due to death, 18 this section shall not apply. 19 § 6. This act shall take effect immediately and shall apply to all 20 policies or contracts issued, renewed, modified, altered or amended on 21 or after January 1, 2020.