A06865 Summary:

BILL NOA06865
 
SAME ASNo Same As
 
SPONSORCruz
 
COSPNSR
 
MLTSPNSR
 
Amd §§201, 205 & 217, Work Comp L
 
Relates to paid family leave and bereavement for fetal death, miscarriage, stillbirth, and an infant being medically not viable to survive.
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A06865 Actions:

BILL NOA06865
 
04/13/2021referred to labor
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A06865 Committee Votes:

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A06865 Floor Votes:

There are no votes for this bill in this legislative session.
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A06865 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6865
 
SPONSOR: Cruz
  TITLE OF BILL: An act to amend the workers' compensation law, in relation to paid fami- ly leave and bereavement for fetal death, miscarriage, stillbirth, and an infant being medically not viable to survive   PURPOSE OR GENERAL IDEA OF BILL: To provide bereavement benefits to parents whose child dies from fetal death, miscarriage, still birth, or an infant that is determined to be medically not viable to survive.   SUMMARY OF PROVISIONS: Section 1 defines "family leave" to be leave taken for bereavement due to fetal death, miscarriage, still birth, or births that are not "medically viable". Section 2 thru 5 details procedures to claim bereavement bene- fits,including presenting the following documentation to the employer within 30 days: fetal death certificate; certificate of stillbirth; or, death certificate. Section 6 provides that the bill shall take effect immediately and apply to all policies or contracts issued, renewed, modified, altered or amended on or after January 1, 2021.   JUSTIFICATION: The loss of an infant in utero due to miscarriage or stillbirth is devastating and unexpected. Parents should be entitled to use bereave- ment benefits for both physical and emotional healing. New York State currently recognizes these losses and issues fetal death certificates and still birth certificates through the Dept of Health. Thus, the mech- anisms to allow bereavement benefits are there. If NYS cares about the emotional well-being of employees, these benefits must be provided. Furthermore,countless studies have shown that employees who take care of their emotional well-being are more productive and dedicated workers.   PRIOR LEGISLATIVE HISTORY: None.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately and apply to all policies or contracts issued, renewed, modified, altered or amended on or after January 1, 2021.
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A06865 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6865
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 13, 2021
                                       ___________
 
        Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
          on Labor
 
        AN ACT to amend the workers' compensation law, in relation to paid fami-
          ly leave and bereavement for fetal death, miscarriage, stillbirth, and
          an infant being medically not viable to survive

          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; or (b) to bond with
     8  the employee's child during the first twelve months  after  the  child's
     9  birth,  or  the first twelve months after the placement of the child for
    10  adoption or foster care with the employee; or (c) because of any  quali-
    11  fying exigency as interpreted under the family and medical leave act, 29
    12  U.S.C.S  §  2612(a)(1)(e) and 29 C.F.R. S.825.126(a)(1)-(8), arising out
    13  of the fact that the spouse, domestic partner, child, or parent  of  the
    14  employee is on active duty (or has been notified of an impending call or
    15  order  to  active duty) in the armed forces of the United States; or (d)
    16  leave taken for the purposes of bereavement  due  to  the  fetal  death,
    17  miscarriage  or  stillbirth  of  an  infant  born to the employee or the
    18  employee's spouse, or  due  to  the  employee's  infant  being  declared
    19  medically  not  viable  to  survive  birth by a physician licensed under
    20  article one hundred thirty-one of the education law.
    21    § 2. Paragraph (b) of subdivision 2 of section  205  of  the  workers'
    22  compensation  law, as added by section 6 of part SS of chapter 54 of the
    23  laws of 2016, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10683-01-1

        A. 6865                             2
 
     1    (b) For any period of family leave  wherein  the  notice  and  medical
     2  certification,  fetal  death  certificate,  certificate  of miscarriage,
     3  certificate of stillbirth or death certificate,  as  prescribed  by  the
     4  chair  has  not  been  filed.  At the discretion of the chair or chair's
     5  designee pursuant to section two hundred twenty-one of this article, the
     6  family  member who is the recipient of care may be required to submit to
     7  a physical examination by a qualified health care provider  unless  such
     8  family  member  is  unable  to  be  examined  due to death, fetal death,
     9  miscarriage or stillbirth. Such examination shall be  paid  for  by  the
    10  carrier; and
    11    § 3. Subdivision 5 of section 205 of the workers' compensation law, as
    12  added  by  section  6  of  part SS of chapter 54 of the laws of 2016, is
    13  amended to read as follows:
    14    5. In any case in which the necessity for family leave is  foreseeable
    15  based  on an expected birth or placement, the employee shall provide the
    16  employer with not less than thirty days notice before the date the leave
    17  is to begin, of the employee's intention to take family leave under this
    18  article, except that if the date of  the  birth  or  placement  requires
    19  leave to begin in less than thirty days, the employee shall provide such
    20  notice  as is practicable. In any case in which the necessity for family
    21  leave is foreseeable based on planned medical  treatment,  the  employee
    22  shall provide the employer with not less than thirty days notice, before
    23  the date the leave is to begin, of the employees intention to take fami-
    24  ly  leave  under  this article, except that if the date of the treatment
    25  requires leave to begin in less than thirty  days,  the  employee  shall
    26  provide  such notice as is practicable.  In the case of family leave due
    27  to bereavement, notice shall be provided as soon as practicable.
    28    § 4. Subdivision 1 of section 217 of the workers' compensation law, as
    29  amended by section 16 of part SS of chapter 54 of the laws of  2016,  is
    30  amended to read as follows:
    31    1.  Written notice and proof of disability or proof of need for family
    32  leave shall be furnished to the employer by or on behalf of the employee
    33  claiming benefits or, in the  case  of  a  claimant  under  section  two
    34  hundred  seven  of  this article, to the chair, within thirty days after
    35  commencement of the period of  disability.  Additional  proof  shall  be
    36  furnished  thereafter  from  time  to time as the employer or carrier or
    37  chair may require but not more often than once  each  week.  Such  proof
    38  shall  include  a  statement  of  disability by the employee's attending
    39  physician or attending podiatrist or attending chiropractor or attending
    40  dentist or attending psychologist or attending certified  nurse  midwife
    41  or family leave care recipient's health care provider, or in the case of
    42  an  employee  who  adheres  to  the  faith or teachings of any church or
    43  denomination, and who in accordance with its creed, tenets or principles
    44  depends for healing upon prayer through spiritual  means  alone  in  the
    45  practice  of  religion,  by an accredited practitioner, containing facts
    46  and opinions as to such disability in compliance with regulations of the
    47  chair. In the event that the claimant is eligible for family  leave  due
    48  to  bereavement,  a fetal death certificate, certificate of miscarriage,
    49  certificate of stillbirth, or death certificate shall serve as proof  of
    50  need of leave. Failure to furnish notice or proof within the time and in
    51  the manner above provided shall not invalidate the claim but no benefits
    52  shall be required to be paid for any period more than two weeks prior to
    53  the  date  on  which  the required proof is furnished unless it shall be
    54  shown to the satisfaction of the  chair  not  to  have  been  reasonably
    55  possible  to  furnish such notice or proof and that such notice or proof
    56  was furnished as soon as possible; provided, however, that  no  benefits

        A. 6865                             3
 
     1  shall be paid unless the required proof of disability is furnished with-
     2  in  the period of actual disability or family leave that does not exceed
     3  the statutory maximum period permitted under section two hundred four of
     4  this  article.  No limitation of time provided in this section shall run
     5  as against any disabled employee who is mentally incompetent,  or  phys-
     6  ically  incapable  of  providing  such  notice  as a result of a serious
     7  medical condition, or a minor so long as such person has no guardian  of
     8  the person and/or property.
     9    §  5. Subdivisions 3 and 4 of section 217 of the workers' compensation
    10  law, as amended by section 16 of part SS of chapter 54 of  the  laws  of
    11  2016, are amended to read as follows:
    12    3.  The  chair  or  chair's  designee, pursuant to section two hundred
    13  twenty-one of this article, may direct the claimant or family leave care
    14  recipient to submit to examination by a health care provider  designated
    15  by  him  or  her  in any case in which the claim to disability or family
    16  leave benefits is contested and in  claims  arising  under  section  two
    17  hundred  seven of this article, and in other cases as the chair or board
    18  may require. In the event that the family member  or  the  family  leave
    19  care  recipient  is  unable  to  be  examined due to death, fetal death,
    20  miscarriage or still birth, this section shall not apply.
    21    4. Refusal of the claimant or family leave care recipient without good
    22  cause to submit to any such examination shall disqualify the claimant or
    23  employee from all benefits hereunder for the  period  of  such  refusal,
    24  except  as to benefits already paid. In the event that the family member
    25  or family leave care recipient is unable to be examined  due  to  death,
    26  fetal death, miscarriage or stillbirth, this section shall not apply.
    27    §  6.  This  act  shall take effect immediately and shall apply to all
    28  policies or contracts issued, renewed, modified, altered or  amended  on
    29  or after January 1, 2022.
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