|SAME AS||No Same As|
|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.|
|04/13/2021||referred to labor|
|01/05/2022||referred to labor|
A06865 Committee Votes:Go to top
A06865 Floor Votes:
There are no votes for this bill in this legislative session.Go to top
Go to top
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.
Go to top
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. LBD10683-01-1A. 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 benefitsA. 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.