A06958 Summary:

BILL NOA06958
 
SAME ASSAME AS S06198
 
SPONSORGonzalez-Rojas
 
COSPNSRFernandez
 
MLTSPNSR
 
Amd §§201, 205 & 217, Work Comp L
 
Provides for paid family leave and bereavement benefits for miscarriage, fetal death, still birth, and an infant being medically not viable to survive born to an employee or an employee's spouse, domestic partner or person acting as a surrogate for the employee.
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A06958 Actions:

BILL NOA06958
 
04/14/2021referred to labor
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A06958 Committee Votes:

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A06958 Floor Votes:

There are no votes for this bill in this legislative session.
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A06958 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6958
 
SPONSOR: Gonzalez-Rojas
  TITLE OF BILL: An act to amend the workers' compensation law, in relation to paid fami- ly leave and bereavement for miscarriage, fetal death, still birth, and an infant being medically not viable to survive   SUMMARY OF SPECIFIC PROVISIONS: Section one amends subdivision 15 of Section 201 of the Workers' Compen- sation Law as added by section 2 of part SS of chapter 54 of the laws of 2016, Section two amends subdivision 2 of Section 205 of the Workers' Compen- sation Law to provide the amount of time someone can take for paid fami- ly leave. Section three amends subdivision 5 of Section 205 of the Workers' Compensation Law to provide guidance on the amount of notice someone would need to give if they are on family leave due to bereavement. Section four amends subdivision 1 of Section 217 of the Workers' Compen- sation Law to provide guidance on the documents that are eligible to serve as proof of need of leave. Section five amends subdivision 3 and 4 of Section 217 of the Workers' Compensation Law to provide guidance on what would disqualify the claim- ant from receiving these benefits. Section six provides the effective date.   JUSTIFICATION: People who can give birth can suffer from a myriad of reproductive health issues. About 10 to 20 percent of known pregnancies result in miscarriages. Fetal deaths also impact a great number of people each year with the Centers for Disease Control estimating that the fetal mortality is 587.8 fetal deaths per 100,000 live births. Additionally, as per the CDC Stillbirth affects about 1 in 160 births, and each year about 24,000 babies are stillborn in the United States. All deaths of children of people who are giving birth are traumatic and painful. That is why New York State must provide support to individuals and families during this process by allowing a period of the paid family (bereavement) leave after these losses. While current New York State law does provide some relief through the federal Family and Medical Leave Act it is not enough. With this legislation, individuals and their loved ones will be provided paid time to grieve and recover from the pain of loss.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately and shall apply to all 4 policies or contracts issued, renewed, modified, altered or amended on 5 or after January 1, 2022.
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A06958 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6958
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 14, 2021
                                       ___________
 
        Introduced  by  M. of A. GONZALEZ-ROJAS -- 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 miscarriage, fetal  death,  still  birth,
          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 miscarriage,
    17  fetal death or still birth of an infant born  to  the  employee  or  the
    18  employee's  spouse, domestic partner or person acting as a surrogate for
    19  the employee, or due to the employee's infant being  declared  medically
    20  not  viable  to  survive birth by a physician licensed under article one
    21  hundred thirty-one of the education law.
    22    § 2. Paragraphs (a) and (b) of subdivision 2 of  section  205  of  the
    23  workers'  compensation  law, as added by section 6 of part SS of chapter
    24  54 of the laws of 2016, are amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10714-01-1

        A. 6958                             2
 
     1    (a) For more than twelve weeks, or the maximum duration  permitted  as
     2  set  forth  in  paragraph  (a) of subdivision two of section two hundred
     3  four of this article, during a period of fifty-two consecutive  calendar
     4  weeks,  or  for  any  period in which the family leave combined with the
     5  disability  benefits previously paid exceeds twenty-six weeks during the
     6  same fifty-two consecutive calendar weeks, or for more  than  five  days
     7  when such family leave is taken pursuant to paragraph (d) of subdivision
     8  fifteen of section two hundred one of this article;
     9    (b)  For  any  period  of  family leave wherein the notice and medical
    10  certification, fetal death certificate, certificate of  still  birth  or
    11  death certificate, as prescribed by the chair has not been filed. At the
    12  discretion  of  the  chair  or  chair's designee pursuant to section two
    13  hundred twenty-one of this article, the family member who is the recipi-
    14  ent of care may be required to submit to a  physical  examination  by  a
    15  qualified health care provider unless such family member is unable to be
    16  examined  due  to  death, miscarriage, fetal death, or still birth. Such
    17  examination shall be paid for by the carrier; and
    18    § 3. Subdivision 5 of section 205 of the workers' compensation law, as
    19  added by section 6 of part SS of chapter 54 of  the  laws  of  2016,  is
    20  amended to read as follows:
    21    5.  In any case in which the necessity for family leave is foreseeable
    22  based on an expected birth or placement, the employee shall provide  the
    23  employer with not less than thirty days notice before the date the leave
    24  is to begin, of the employee's intention to take family leave under this
    25  article,  except  that  if  the  date of the birth or placement requires
    26  leave to begin in less than thirty days, the employee shall provide such
    27  notice as is practicable. In any case in which the necessity for  family
    28  leave  is  foreseeable  based on planned medical treatment, the employee
    29  shall provide the employer with not less than thirty days notice, before
    30  the date the leave is to begin, of the employees intention to take fami-
    31  ly leave under this article, except that if the date  of  the  treatment
    32  requires  leave  to  begin  in less than thirty days, the employee shall
    33  provide such notice as is practicable.  In the case of family leave  due
    34  to bereavement, notice shall be provided as soon as practicable.
    35    § 4. Subdivision 1 of section 217 of the workers' compensation law, as
    36  amended  by  section 16 of part SS of chapter 54 of the laws of 2016, is
    37  amended to read as follows:
    38    1. Written notice and proof of disability or proof of need for  family
    39  leave shall be furnished to the employer by or on behalf of the employee
    40  claiming  benefits  or,  in  the  case  of  a claimant under section two
    41  hundred seven of this article, to the chair, within  thirty  days  after
    42  commencement  of  the  period  of  disability. Additional proof shall be
    43  furnished thereafter from time to time as the  employer  or  carrier  or
    44  chair  may  require  but  not more often than once each week. Such proof
    45  shall include a statement of  disability  by  the  employee's  attending
    46  physician or attending podiatrist or attending chiropractor or attending
    47  dentist  or  attending psychologist or attending certified nurse midwife
    48  or family leave care recipient's health care provider, or in the case of
    49  an employee who adheres to the faith  or  teachings  of  any  church  or
    50  denomination, and who in accordance with its creed, tenets or principles
    51  depends  for  healing  upon  prayer through spiritual means alone in the
    52  practice of religion, by an accredited  practitioner,  containing  facts
    53  and opinions as to such disability in compliance with regulations of the
    54  chair.  In  the event that the claimant is eligible for family leave due
    55  to bereavement, a fetal death certificate, certificate of  still  birth,
    56  or  death  certificate shall serve as proof of need of leave. Failure to

        A. 6958                             3
 
     1  furnish notice or proof within the time and in the manner above provided
     2  shall not invalidate the claim but no benefits shall be required  to  be
     3  paid  for  any period more than two weeks prior to the date on which the
     4  required proof is furnished unless it shall be shown to the satisfaction
     5  of the chair not to have been reasonably possible to furnish such notice
     6  or  proof  and that such notice or proof was furnished as soon as possi-
     7  ble; provided, however, that  no  benefits  shall  be  paid  unless  the
     8  required  proof  of  disability is furnished within the period of actual
     9  disability or family leave that does not exceed  the  statutory  maximum
    10  period  permitted  under  section  two  hundred four of this article. No
    11  limitation of time provided in this section shall  run  as  against  any
    12  disabled  employee  who is mentally incompetent, or physically incapable
    13  of providing such notice as a result of a serious medical condition,  or
    14  a  minor  so  long  as  such person has no guardian of the person and/or
    15  property.
    16    § 5. Subdivisions 3 and 4 of section 217 of the workers'  compensation
    17  law,  as  amended  by section 16 of part SS of chapter 54 of the laws of
    18  2016, are amended to read as follows:
    19    3. The chair or chair's designee,  pursuant  to  section  two  hundred
    20  twenty-one of this article, may direct the claimant or family leave care
    21  recipient  to submit to examination by a health care provider designated
    22  by him or her in any case in which the claim  to  disability  or  family
    23  leave  benefits  is  contested  and  in claims arising under section two
    24  hundred seven of this article, and in other cases as the chair or  board
    25  may  require.  In  the  event that the family member or the family leave
    26  care recipient is unable to be examined due to death, miscarriage, fetal
    27  death, or still birth, this section shall not apply.
    28    4. Refusal of the claimant or family leave care recipient without good
    29  cause to submit to any such examination shall disqualify the claimant or
    30  employee from all benefits hereunder for the  period  of  such  refusal,
    31  except  as to benefits already paid. In the event that the family member
    32  or family leave care recipient is unable to be examined  due  to  death,
    33  miscarriage, fetal death, or still birth, this section shall not apply.
    34    §  6.  This  act  shall take effect immediately and shall apply to all
    35  policies or contracts issued, renewed, modified, altered or  amended  on
    36  or after January 1, 2022.
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