|SAME AS||SAME AS S06198|
|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.|
|04/14/2021||referred to labor|
|01/05/2022||referred to labor|
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A06958 Floor Votes:
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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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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. LBD10714-01-1A. 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 toA. 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.