S08380 Summary:

BILL NOS08380A
 
SAME ASSAME AS A10639-A
 
SPONSORFUNKE
 
COSPNSRCARLUCCI, VALESKY
 
MLTSPNSR
 
Amd 201, 205 & 217, Work Comp L
 
Authorizes paid family leave for bereavement beginning in 2020.
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S08380 Actions:

BILL NOS08380A
 
05/04/2018REFERRED TO LABOR
06/13/2018AMEND AND RECOMMIT TO LABOR
06/13/2018PRINT NUMBER 8380A
06/19/2018REFERRED TO RULES
06/19/2018ORDERED TO THIRD READING CAL.1963
06/19/2018PASSED SENATE
06/19/2018DELIVERED TO ASSEMBLY
06/19/2018referred to ways and means
06/20/2018substituted for a10639a
06/20/2018ordered to third reading rules cal.283
06/20/2018passed assembly
06/20/2018returned to senate
12/18/2018DELIVERED TO GOVERNOR
12/28/2018VETOED MEMO.372
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S08380 Committee Votes:

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S08380 Floor Votes:

DATE:06/20/2018Assembly Vote  YEA/NAY: 111/32
AbbateYCookYGarbarinoNOLupardoYPellegrinoYStecNO
AbinantiYCrespoYGiglioYMageeYPeoples-StokesYSteckY
ArroyoYCrouchNOGlickYMagnarelliYPerryYSternY
AshbyNOCurranYGoodellNOMalliotakisNOPheffer AmatoYStirpeY
AubryYCusickYGottfriedYMcDonaldYPichardoYTagueNO
BarclayYCymbrowitzYGuntherYMcDonoughYPretlowYTaylorY
BarnwellYDavilaYHawleyNOMikulinNOQuartYThieleY
BarrettYDe La RosaYHevesiYMill B NORaYTitoneY
BarronYDenDekkerYHikindERMill MGYRaiaYTitusY
BenedettoYDickensYHooperYMill MLYRamosYVanelY
BichotteYDilanYHunterYMontesanoNORichardsonYWalkerY
BlakeYDinowitzYHyndmanYMorelleYRiveraYWallaceY
BlankenbushNODiPietroNOJaffeeYMorinelloNORodriguezYWalshNO
BohenYD'UrsoYJean-PierreYMosleyYRose D YWalterY
BrabenecNOEnglebrightYJenneYMurrayNORose L YWeinsteinY
BraunsteinYEpsteinERJohnsNONiouYRozicYWeprinY
BrindisiYErrigoNOJonesYNolanYRyanYWilliamsY
BronsonYEspinalYJoynerYNorrisNOSantabarbaraYWoernerY
BuchwaldYFahyYKimYOaksNOSchimmingerNOWrightY
ButlerNOFernandezYKolbNOO'DonnellYSeawrightYZebrowskiY
ByrneNOFinchYLalorNOOrtizYSimonYMr SpkrY
CahillYFitzpatrickNOLavineYOtisYSimotasY
CarrollYFriendYLawrenceNOPalmesanoNOSkoufisY
CastorinaNOGalefYLentolYPalumboNOSmithNO
ColtonYGanttERLiftonYPaulinYSolagesY

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S08380 Text:



 
                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.
                                                                   LBD15544-10-8

        S. 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.
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