S. 1824 2
16. "CHILD" MEANS A BIOLOGICAL, ADOPTED, OR FOSTER CHILD, A STEPCHILD,
A LEGAL WARD, OR A CHILD OF A PERSON STANDING IN LOCO PARENTIS, WHO IS:
A. UNDER EIGHTEEN YEARS OF AGE; OR
B. EIGHTEEN YEARS OF AGE OR OLDER AND INCAPABLE OF SELF-CARE BECAUSE
OF A MENTAL OR PHYSICAL DISABILITY.
17. "DOMESTIC PARTNER" HAS THE MEANING SET FORTH IN SECTION FOUR OF
THIS CHAPTER.
18. "SERIOUS HEALTH CONDITION" MEANS AN ILLNESS, INJURY, IMPAIRMENT,
OR PHYSICAL OR MENTAL CONDITION THAT:
A. REQUIRES INPATIENT CARE IN A HOSPITAL, HOSPICE OR RESIDENTIAL
HEALTH CARE FACILITY; OR
B. REQUIRES CONTINUING TREATMENT BY A HEALTH CARE PROVIDER.
19. "PARENT" MEANS THE BIOLOGICAL, ADOPTIVE, OR FOSTER PARENT OF AN
EMPLOYEE OR INDIVIDUAL WHO STOOD IN LOCO PARENTIS TO AN EMPLOYEE WHEN
THE EMPLOYEE WAS A SON OR DAUGHTER.
20. "FAMILY MEMBER" MEANS A CHILD, SPOUSE, DOMESTIC PARTNER, PARENT,
GRANDCHILD, MOTHER-IN-LAW OR FATHER-IN-LAW.
21. PERSONS WHO ARE "IN LOCO PARENTIS" INCLUDE THOSE WITH DAY-TO-DAY
RESPONSIBILITIES TO CARE FOR AND FINANCIALLY SUPPORT A CHILD OR, IN THE
CASE OF AN EMPLOYEE, WHO HAD SUCH RESPONSIBILITY FOR THE EMPLOYEE WHEN
THE EMPLOYEE WAS A CHILD. A BIOLOGICAL OR LEGAL RELATIONSHIP IS NOT
NECESSARY.
22. "GRANDCHILD" MEANS THE CHILD OF A CHILD.
23. "HEALTH CARE PROVIDER" MEANS ANY PROVIDER TREATING AN EMPLOYEE'S
INJURY OR SICKNESS, OR A FAMILY MEMBER'S SERIOUS HEALTH CONDITION,
INCLUDING A PHYSICIAN, PODIATRIST, CHIROPRACTOR, DENTIST, PSYCHOLOGIST,
CERTIFIED NURSE MIDWIFE, OR IN THE CASE OF A FAMILY MEMBER WHO ADHERES
TO THE FAITH OR TEACHINGS OF ANY CHURCH OR DENOMINATION, AND WHO IN
ACCORDANCE WITH ITS CREED, TENETS OR PRINCIPLES DEPENDS FOR HEALING UPON
PRAYER THROUGH SPIRITUAL MEANS ALONE IN THE PRACTICE OF RELIGION, BY AN
ACCREDITED PRACTITIONER, CONTAINING FACTS AND OPINIONS AS TO SUCH HEALTH
CONDITION IN COMPLIANCE WITH REGULATIONS OF THE CHAIR.
S 4. Subdivision 6 of section 201 of the workers' compensation law is
amended by adding a new paragraph E to read as follows:
E. BENEFITS FOR PAID FAMILY LEAVE SHALL BE PAID TO ALL ELIGIBLE
EMPLOYEES IN THE SAME MANNER AS PROVIDED IN THE PRECEDING PARAGRAPHS OF
THIS SUBDIVISION.
S 5. Section 203 of the workers' compensation law, as amended by chap-
ter 436 of the laws of 1986, is amended to read as follows:
S 203. Employees eligible for benefits under section two hundred four.
Employees in employment of a covered employer for four or more consec-
utive weeks and employees in employment during the work period usual to
and available during such four or more consecutive weeks in any trade or
business in which they are regularly employed and in which hiring from
day to day of such employees is the usual employment practice shall be
eligible for disability benefits as provided in section two hundred
four. Every such employee shall continue to be eligible during such
employment and for a period of four weeks after such employment termi-
nates regardless of whether the employee performs any work for remunera-
tion or profit in non-covered employment. If during such four week peri-
od the employee performs any work for remuneration or profit for another
covered employer the employee shall become eligible for benefits imme-
diately with respect to that employment. In addition every such employee
who returns to work with the same employer after an agreed and specified
unpaid leave of absence or vacation without pay shall become eligible
for benefits immediately with respect to such employment. An employee
S. 1824 3
who during a period in which he or she is eligible to receive benefits
under subdivision two of section two hundred seven returns to employment
with a covered employer and an employee who is currently receiving unem-
ployment insurance benefits or benefits under section two hundred seven
and who returns to employment with a covered employer shall become
eligible for benefits immediately with respect to such employment. An
employee regularly in the employment of a single employer on a work
schedule less than the employer's normal work week shall become eligible
for benefits on the twenty-fifth day of such regular employment. An
employee who becomes disabled while eligible for benefits in the employ-
ment of a covered employer shall not be deemed, for the purposes of this
article, to have such employment terminated during any period he or she
is eligible to receive benefits under section two hundred four with
respect to such employment. EMPLOYEES ARE ELIGIBLE FOR PAID FAMILY
LEAVE BENEFITS IN THE SAME MANNER AS IS PROVIDED IN THIS SECTION FOR ALL
EMPLOYEES IN EMPLOYMENT OF A COVERED EMPLOYER CLAIMING BENEFITS FOR
DISABILITY.
S 6. The workers' compensation law is amended by adding a new section
203-a to read as follows:
S 203-A. EMPLOYEE'S RIGHT TO RESUME EMPLOYMENT. EVERY COVERED EMPLOYEE
ELIGIBLE FOR PAID FAMILY LEAVE BENEFITS SHALL HAVE AN INCONTROVERTIBLE
RIGHT TO RESUME EMPLOYMENT WITH THE EMPLOYER AT THE CONCLUSION OF THE
PAID FAMILY LEAVE IN THE SAME OR SUBSTANTIALLY SIMILAR EMPLOYMENT AS WAS
THE CASE ON THE DAY THE PERIOD OF PAID FAMILY LEAVE COMMENCED.
S 7. Section 204 of the workers' compensation law, as added by chapter
600 of the laws of 1949 and subdivision 2 as amended by chapter 38 of
the laws of 1989, is amended to read as follows:
S 204. Disability during employment. 1. Disability benefits shall be
payable to an eligible employee for disabilities commencing after June
thirtieth, nineteen hundred fifty, beginning with the eighth consecutive
day of disability and thereafter during the continuance of disability,
subject to the limitations as to maximum and minimum amounts and dura-
tion and other conditions and limitations in this section and in
sections two hundred five and two hundred six OF THIS ARTICLE. Succes-
sive periods of disability caused by the same or related injury or sick-
ness OR REASON FOR FAMILY CARE shall be deemed a single period of disa-
bility only if separated by less than three months. FOR PURPOSES OF
THIS SUBDIVISION, DAYS OF DISABILITY FOR ANY FAMILY CARE SHALL COMMENCE
AT THE START OF THE LEAVE PERIOD TAKEN BY THE EMPLOYEE TO PROVIDE FAMILY
CARE.
2. [The weekly benefit which the disabled employee is entitled to
receive for disability commencing on or after May first, nineteen
hundred eighty-nine shall be one-half of the employee's weekly wage, but
in no case shall such benefit exceed one hundred seventy dollars; except
that if the employee's average weekly wage is less than twenty dollars,
the benefit shall be such average weekly wage. The weekly benefit which
the disabled employee is entitled to receive for disability commencing
on or after July first, nineteen hundred eighty-four shall be one-half
of the employee's weekly wage, but in no case shall such benefit exceed
one hundred forty-five dollars; except that if the employee's average
weekly wage is less than twenty dollars, the benefit shall be such aver-
age weekly wage. The weekly benefit which the disabled employee is enti-
tled to receive for disability commencing on or after July first, nine-
teen hundred eighty-three and prior to July first, nineteen hundred
eighty-four shall be one-half of the employee's average weekly wage, but
in no case shall such benefit exceed one hundred thirty-five dollars nor
S. 1824 4
be less than twenty dollars; except that if the employee's average week-
ly wage is less than twenty dollars the benefit shall be such average
weekly wage. The weekly benefit which the disabled employee is entitled
to receive for disability commencing on or after July first, nineteen
hundred seventy-four, and prior to July first, nineteen hundred eighty-
three, shall be one-half of the employee's average weekly wage, but in
no case shall such benefit exceed ninety-five dollars nor be less than
twenty dollars; except that if the employee's average weekly wage is
less than twenty dollars, the benefit shall be such average weekly wage.
The weekly benefit which the disabled employee is entitled to receive
for disability commencing on or after July first, nineteen hundred
seventy and prior to July first, nineteen hundred seventy-four shall be
one-half of the employee's average weekly wage, but in no case shall
such benefit exceed seventy-five dollars nor be less than twenty
dollars; except that if the employee's average weekly wage is less than
twenty dollars the benefit shall be such average weekly wage. For any
period of disability less than a full week, the benefits payable shall
be calculated by dividing the weekly benefit by the number of the
employee's normal work days per week and multiplying the quotient by the
number of normal work days in such period of disability. The weekly
benefit for a disabled employee who is concurrently eligible for bene-
fits in the employment of more than one covered employer shall, within
the maximum and minimum herein provided, be one-half of the total of the
employee's average weekly wages received from all such covered employ-
ers, and shall be allocated in the proportion of their respective aver-
age weekly wage payments] THE WEEKLY BENEFIT WHICH THE DISABLED WORKER
IS ENTITLED TO RECEIVE FOR DISABILITY COMMENCING (I) ON OR AFTER OCTOBER
FIRST, TWO THOUSAND TEN, AND PRIOR TO OCTOBER FIRST, TWO THOUSAND ELEVEN
SHALL NOT EXCEED ONE-HALF OF THE EMPLOYEE'S WEEKLY WAGE, NOT TO EXCEED A
MAXIMUM BENEFIT OF THREE HUNDRED FORTY DOLLARS AND (II) ON OR AFTER
OCTOBER FIRST, TWO THOUSAND ELEVEN, AND PRIOR TO OCTOBER FIRST, TWO
THOUSAND TWELVE THE WEEKLY BENEFIT SHALL NOT EXCEED HALF OF THE EMPLOY-
EE'S WEEKLY WAGE, NOT TO EXCEED A MAXIMUM BENEFIT OF FIVE HUNDRED FIFTY
DOLLARS, AND (III) ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWELVE, AND
ON OCTOBER FIRST OF EACH SUCCEEDING YEAR, THE EMPLOYEES' BENEFIT SHALL
NOT EXCEED ONE-HALF OF THE EMPLOYEE'S WEEKLY WAGE, NOT TO EXCEED
ONE-HALF OF THE NEW YORK STATE AVERAGE WEEKLY WAGE AS DETERMINED BY THE
STATE DEPARTMENT OF LABOR ANNUALLY PURSUANT TO SUBDIVISION SIXTEEN OF
SECTION TWO OF THIS CHAPTER.
3. THE WEEKLY BENEFIT WHICH THE EMPLOYEE UTILIZING PAID FAMILY LEAVE
IS ENTITLED TO RECEIVE COMMENCING ON THE EFFECTIVE DATE OF THE CHAPTER
OF THE LAWS OF TWO THOUSAND NINE WHICH ADDED THIS SUBDIVISION SHALL BE
COMPUTED IN THE SAME MANNER AS THE DISABILITY BENEFIT PAYABLE PURSUANT
TO SUBDIVISIONS ONE AND TWO OF THIS SECTION AND SHALL BE COMPUTED AND
INCREASED AT THE SAME TIME AND IN THE SAME MANNER AS ANY SUBSEQUENT
ADJUSTMENTS TO THE DISABILITY BENEFIT PROVIDED FOR IN THIS SECTION.
S 8. Subdivisions 1, 2, 3, 4, 7 and 8 of section 205 of the workers'
compensation law, subdivision 1 as amended by chapter 651 of the laws of
1958, subdivision 2 as amended by chapter 270 of the laws of 1990 and
subdivisions 3, 4, 7 and 8 as added by chapter 600 of the laws of 1949
and as renumbered by chapter 352 of the laws of 1981, are amended and a
new subdivision 9 is added to read as follows:
1. [For] (A) FOR DISABILITY RESULTING FROM INJURY OR SICKNESS OF AN
EMPLOYEE, FOR more than twenty-six weeks during a period of fifty-two
consecutive calendar weeks or during any one period of disability; OR
S. 1824 5
(B) FOR FAMILY CARE, FOR MORE THAN THIRTEEN WEEKS DURING A PERIOD OF
FIFTY-TWO CONSECUTIVE CALENDAR WEEKS OR DURING ANY ONE PERIOD OF FAMILY
CARE;
2. for any period of disability RESULTING FROM THE INJURY OR SICKNESS
OF AN EMPLOYEE during which an employee is not under the care of a duly
licensed physician or with respect to disability resulting from a condi-
tion of the foot which may lawfully be treated by a duly registered and
licensed podiatrist of the state of New York or with respect to a disa-
bility resulting from a condition which may lawfully be treated by a
duly registered and licensed chiropractor of the state of New York or
with respect to a disability resulting from a condition which may
lawfully be treated by a duly licensed dentist of the state of New York
or with respect to a disability resulting from a condition which may
lawfully be treated by a duly registered and licensed psychologist of
the state of New York or with respect to a disability resulting from a
condition which may lawfully be treated by a duly certified nurse
midwife, for any period of such disability during which an employee is
neither under the care of a physician nor a podiatrist, nor a chiroprac-
tor, nor a dentist, nor a psychologist, nor a certified nurse midwife;
and for any period of disability during which an employee who adheres to
the faith or teachings of any church or denomination and who in accord-
ance with its creed, tenets or principles depends for healing upon pray-
er through spiritual means alone in the practice of religion, is not
under the care of a practitioner duly accredited by the church or denom-
ination, and provided such employee shall submit to all physical exam-
inations as required by this chapter[.];
3. for any disability RESULTING FROM INJURY OR SICKNESS OF AN EMPLOYEE
occasioned by the wilful intention of the employee to bring about injury
to or the sickness of himself or another, or resulting from any injury
or sickness sustained in the perpetration by the employee of an illegal
act;
4. for any day of disability during which the employee performed work
for remuneration or profit; BUT NOT INCLUDING ANY REMUNERATION RECEIVED
FOR CARING FOR A FOSTER OR ADOPTED CHILD OR OTHER INDIVIDUAL RESIDING IN
THE EMPLOYEE'S PLACE OF RESIDENCE;
7. for any disability due to any act of war, declared or undeclared,
if such act shall occur after June thirtieth, nineteen hundred fifty,
EXCEPT THAT NOTHING IN THIS SUBDIVISION SHALL BAR AN EMPLOYEE FROM
RECEIVING BENEFITS UNDER THIS ARTICLE FOR CARE OF A FAMILY MEMBER DISA-
BLED DUE TO AN ACT OF WAR;
8. for any disability RESULTING FROM AN INJURY OR SICKNESS TO THE
EMPLOYEE commencing before the employee becomes eligible to benefits
hereunder [or commencing prior to July first, nineteen hundred fifty,
but this shall not preclude benefits for recurrence after July first,
nineteen hundred fifty, of a disability commencing prior thereto];
9. FOR ANY DAY OF ABSENCE FROM WORK REQUIRED PURSUANT TO ANY DISCIPLI-
NARY PROCESS; OR, IN REGARD TO FAMILY CARE BENEFITS, ANY DAY OF ABSENCE
FROM WORK RESULTING FROM INJURY OR SICKNESS TO THE EMPLOYEE, INCLUDING
ANY LEAVE TAKEN UNDER SECTION SEVENTY-ONE OR SEVENTY-THREE OF THE CIVIL
SERVICE LAW.
S 9. The workers' compensation law is amended by adding a new section
205-a to read as follows:
S 205-A. RELATIONSHIP BETWEEN DISABILITY BENEFITS FOR FAMILY CARE AND
FOR THE EMPLOYEE'S OWN SICKNESS OR ILLNESS. THE RECEIPT OF BENEFITS FOR
DISABILITY RESULTING FROM SICKNESS OR INJURY TO THE EMPLOYEE, INCLUDING
PREGNANCY AND CHILDBIRTH, SHALL NOT COUNT TOWARD ANY TIME LIMITATION
S. 1824 6
UNDER SUBDIVISION ONE OF SECTION TWO HUNDRED FIVE OF THIS ARTICLE ON THE
RECEIPT OF BENEFITS FOR FAMILY CARE, AND THE RECEIPT OF BENEFITS FOR
FAMILY CARE SHALL NOT COUNT TOWARD ANY TIME LIMITATION UNDER SUBDIVISION
ONE OF SECTION TWO HUNDRED FIVE OF THIS ARTICLE ON THE RECEIPT OF BENE-
FITS FOR DISABILITY RESULTING FROM SICKNESS OR INJURY TO THE EMPLOYEE,
EXCEPT THAT AN EMPLOYEE MAY RECEIVE DISABILITY BENEFITS ON ONLY ONE
CLAIM AT ANY TIME.
S 10. Section 209 of the workers' compensation law is amended by
adding a new subdivision 3-a to read as follows:
3-A. THE CONTRIBUTION OF EACH EMPLOYEE TO THE COST OF FAMILY LEAVE
SHALL BE CALCULATED IN THE SAME MANNER AND IN THE SAME AMOUNT OF THE
CONTRIBUTION DESCRIBED IN SUBDIVISION THREE OF THIS SECTION.
S 11. Section 211 of the workers' compensation law is amended by
adding two new subdivisions 7 and 8 to read as follows:
7. SUCH FAMILY CARE BENEFITS AS ARE PROVIDED FOR IN THIS ARTICLE SHALL
BE IN ADDITION TO, AND SHALL NOT AMEND, REPEAL OR REPLACE, THE TERMS OF
ANY AGREEMENT THAT IS COLLECTIVELY NEGOTIATED BETWEEN AN EMPLOYER AND AN
EMPLOYEE ORGANIZATION, INCLUDING AGREEMENT OR INTEREST ARBITRATION
AWARDS MADE PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
8. NOTHING IN THIS ARTICLE SHALL REQUIRE AN EMPLOYER TO USE THE SAME
CARRIER TO PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE UNDER THIS ARTI-
CLE FOR DISABILITY RESULTING FROM SICKNESS OR INJURY AS IT USES TO
PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE UNDER THIS ARTICLE FOR FAMI-
LY CARE. AN EMPLOYER MAY USE A DIFFERENT MEANS, AMONG THOSE SET FORTH IN
SUBDIVISIONS ONE THROUGH FIVE OF THIS SECTION, TO PROVIDE BENEFITS
REQUIRED BY THIS ARTICLE FOR DISABILITY RESULTING FROM SICKNESS OR INJU-
RY, FROM THE MEANS USED TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE FOR
FAMILY CARE.
S 12. The workers' compensation law is amended by adding a new section
211-a to read as follows:
S 211-A. PUBLIC EMPLOYEES; EMPLOYEE OPT IN. 1. FOR PURPOSES OF THIS
SECTION, "PUBLIC EMPLOYEE" MEANS ANY EMPLOYEE OF THE STATE, ANY POLI-
TICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY OR ANY OTHER GOVERN-
MENTAL AGENCY OR INSTRUMENTALITY. "PUBLIC EMPLOYER" MEANS THE STATE, ANY
POLITICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY OR ANY OTHER
GOVERNMENTAL AGENCY OR INSTRUMENTALITY THEREOF. "EMPLOYEE ORGANIZATION"
SHALL HAVE THE MEANING SET FORTH IN SECTION TWO HUNDRED ONE OF THE CIVIL
SERVICE LAW.
2. PUBLIC EMPLOYERS SHALL PROVIDE BENEFITS FOR FAMILY CARE TO PUBLIC
EMPLOYEES WHERE AN EMPLOYEE ORGANIZATION THAT REPRESENTS THOSE EMPLOYEES
OPTS IN TO FAMILY CARE IN ACCORDANCE WITH THE PROCEDURES AND TERMS SET
FORTH IN SUBDIVISION THREE OF THIS SECTION.
3. AN EMPLOYEE ORGANIZATION MAY OPT IN TO THE FAMILY CARE BENEFIT ON
BEHALF OF THOSE EMPLOYEES IT REPRESENTS:
A. UPON NOTICE GIVEN TO THE PUBLIC EMPLOYER PRIOR TO APRIL FIRST, TWO
THOUSAND TEN, WHICH OPT IN SHALL BECOME EFFECTIVE ONLY ON JULY FIRST,
TWO THOUSAND TEN;
B. AT ANY TIME UPON NINETY DAYS NOTICE FOR ANY EMPLOYER WHO IS NOT
PROVIDING DISABILITY BENEFITS FOR SICKNESS AND INJURY UNDER SECTION TWO
HUNDRED TWELVE OF THIS ARTICLE, OR WHO IS SELF-INSURED FOR SUCH BENE-
FITS;
C. FOR ANY EMPLOYER WHO IS PROVIDING DISABILITY BENEFITS FOR SICKNESS
AND INJURY UNDER SECTION TWO HUNDRED TWELVE OF THIS ARTICLE, UPON NOTICE
AT LEAST NINETY DAYS PRIOR TO THE EXPIRATION OF THE EMPLOYER'S INSURANCE
POLICY FOR SUCH BENEFITS, WHICH OPT IN SHALL BE EFFECTIVE ONLY FOR THE
TIME PERIOD COVERED BY ANY SUBSEQUENT POLICY OR RENEWAL; OR
S. 1824 7
D. AT ANY TIME AS IS MUTUALLY AGREED UPON BETWEEN THE EMPLOYEE ORGAN-
IZATION AND ANY PUBLIC EMPLOYER.
AN EMPLOYEE ORGANIZATION THAT HAS OPTED IN TO THE FAMILY CARE BENEFIT
MAY OPT OUT OF IT WITHIN THE TIME PERIODS, AND EFFECTIVE UPON THE SAME
DATES, SET FORTH IN THIS SUBDIVISION. THE EMPLOYEE ORGANIZATION SHALL
PROVIDE NOTICE OF SUCH TO THE BOARD WITHIN SEVEN DAYS OF NOTICE TO THE
EMPLOYER.
4. IN THE ABSENCE OF ANY CONTRARY STATEMENT IN A COLLECTIVELY NEGOTI-
ATED AGREEMENT UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, A PUBLIC
EMPLOYER MAY REQUIRE PUBLIC EMPLOYEES WHO OPT IN UNDER THIS SECTION TO
CONTRIBUTE UP TO THE AMOUNT REQUIRED TO PROVIDE THE BENEFIT IN ACCORD-
ANCE WITH THE PROCEDURE SET FORTH IN SECTION TWO HUNDRED NINE OF THIS
ARTICLE.
S 13. Subdivision 1 of section 212 of the workers' compensation law,
as amended by chapter 740 of the laws of 1960, is amended to read as
follows:
1. Any employer not required by this article to provide for the
payment of disability benefits to his employees, or to any class or
classes thereof, may become a covered employer or bring within the
provisions of this article such employees or class or classes thereof by
voluntarily electing to provide for payment of [such] benefits FOR DISA-
BILITY RESULTING FROM SICKNESS OR INJURY, FOR FAMILY CARE, OR BOTH, in
one or more of the ways set forth in section two hundred eleven OF THIS
ARTICLE; but such election shall be subject to the approval of the
chairman, and if the employees are required to contribute to the cost of
such benefits the assent within thirty days before such approval is
granted, of more than one-half of such employees shall be evidenced to
the satisfaction of the chairman. On approval by the chairman of such
election to provide benefits, all the provisions of this article shall
become and continue applicable as if the employer were a covered employ-
er as defined in this article. The obligation to continue as a covered
employer with respect to employees for whom provision of benefits is not
required under this article, may be discontinued by such employer on
ninety days notice to the chairman in writing and to his employees,
after he has provided for payment of benefits for not less than one year
and with such provision for payment of obligations incurred on and prior
to the termination date as the chairman may approve. ANY ELECTION BY A
PUBLIC EMPLOYER TO PROVIDE FAMILY CARE BENEFITS MADE PRIOR TO OCTOBER
FIRST, TWO THOUSAND NINE SHALL BE EFFECTIVE ON SUCH DATE.
S 14. Subdivision 2 of section 76 of the workers' compensation law, as
added by chapter 600 of the laws of 1949, is amended to read as follows:
2. The purposes of the state insurance fund herein created are hereby
enlarged to provide [for the] insurance [by the state insurance fund of]
FOR the payment of the benefits required by section two hundred four of
this chapter, INCLUDING BENEFITS FOR FAMILY CARE PROVIDED EITHER IN THE
SAME POLICY WITH OR IN A SEPARATE POLICY FROM BENEFITS FOR DISABILITY
RESULTING FROM INJURY OR SICKNESS OF AN EMPLOYEE, AND AS PROVIDED PURSU-
ANT TO SECTION TWO HUNDRED ELEVEN-A OF THIS CHAPTER. A separate fund is
hereby created within the state insurance fund, which shall be known as
the "disability benefits fund", and which shall consist of all premiums
received and paid into said fund on account of such insurance, all secu-
rities acquired by and through the use of moneys belonging to said fund
and of interest earned upon moneys belonging to said fund and deposited
or invested as herein provided. Said disability benefits fund shall be
applicable to the payment of benefits, expenses and assessments on
account of insurance written pursuant to article nine of this chapter.
S. 1824 8
S 15. Subdivision 1 of section 217 of the workers' compensation law,
as amended by chapter 167 of the laws of 1999, is amended to read as
follows:
1. Written notice and proof of disability shall be furnished to the
employer by or on behalf of the employee claiming benefits or, in the
case of a claimant under section two hundred seven of this article, to
the chair, within thirty days after commencement of the period of disa-
bility. Additional proof shall be furnished thereafter from time to time
as the employer or carrier or chair may require but not more often than
once each week. Such proof shall include:
(A) IN THE CASE OF DISABILITY RESULTING FROM SICKNESS OR INJURY TO THE
EMPLOYEE, a statement of disability by the employee's attending [physi-
cian or attending podiatrist or attending chiropractor or attending
dentist or attending psychologist or attending certified nurse midwife,
or in the case of an employee who adheres to the faith or teachings of
any church or denomination, and who in accordance with its creed, tenets
or principles depends for healing upon prayer through spiritual means
alone in the practice of religion, by an accredited practitioner,
containing facts and opinions as to such disability] HEALTH CARE PROVID-
ER;
(B) IN THE CASE OF FAMILY CARE FOR BONDING WITH A NEW CHILD, A BIRTH
CERTIFICATE, CERTIFICATE OF ADOPTION, OR OTHER COMPETENT EVIDENCE SHOW-
ING THAT THE EMPLOYEE IS THE PARENT OF A CHILD WITHIN TWELVE MONTHS OF
THAT CHILD'S BIRTH OR PLACEMENT FOR ADOPTION OR FOSTER CARE WITH THE
EMPLOYEE;
(C) IN THE CASE OF BENEFITS FOR CARE OF A FAMILY MEMBER WITH A SERIOUS
HEALTH CONDITION:
(I) A STATEMENT BY THE FAMILY MEMBER'S HEALTH CARE PROVIDER, CONTAIN-
ING FACTS AND OPINIONS AS TO SUCH HEALTH CONDITION in compliance with
regulations of the chair; AND
(II) A STATEMENT SUBSCRIBED BY THE EMPLOYEE AND AFFIRMED BY HIM OR HER
AS TRUE UNDER PENALTIES OF PERJURY, OR OTHER EQUIVALENT DOCUMENTARY
PROOF, THAT THE EMPLOYEE IS A PRIMARY CARE GIVER FOR THE FAMILY MEMBER
DURING THE TIME OF DISABILITY.
Failure to furnish notice or proof within the time and in the manner
above provided shall not invalidate the claim but no benefits shall be
required to be paid for any period more than two weeks prior to the date
on which the required proof is furnished unless it shall be shown to the
satisfaction of the chair not to have been reasonably possible to
furnish such notice or proof and that such notice or proof was furnished
as soon as possible; provided, however, that no benefits shall be paid
unless the required proof of disability is furnished within twenty-six
weeks after commencement of the period of disability. No limitation of
time provided in this section shall run as against any person who is
mentally incompetent, or physically incapable of providing such notice
as a result of a serious medical condition, or a minor so long as such
person has no guardian of the person and/or property.
S 16. The opening paragraph of section 221 of the workers' compen-
sation law, as separately amended by chapters 425 and 500 of the laws of
1985, is amended to read as follows:
Within twenty-six weeks of written notice of rejection of claim, the
employee may file with the chairman a notice that his or her claim for
disability benefits has not been paid, and the employee shall submit
proof of disability and of his or her employment, wages and other facts
reasonably necessary for determination of the employee's right to such
benefits. Failure to file such notice within the time provided, may be
S. 1824 9
excused by the chairman if it can be shown to the satisfaction of the
chairman not to have been reasonably possible to furnish such notice and
that such notice was furnished as soon as possible. On demand of the
chairman the employer or carrier shall forthwith deliver to the chairman
PROOF OF DISABILITY, INCLUDING IF RELEVANT the original or a true copy
of the attending [physician's or attending podiatrist's or accredited
practitioner's] HEALTH CARE PROVIDER'S statement, wage and employment
data and all other papers in the possession of the employer or carrier
with respect to such claim.
S 17. Subdivision 2 of section 229 of the workers' compensation law,
as added by chapter 271 of the laws of 1985, is amended to read as
follows:
2. Whenever an employee of a covered employer who is eligible for
benefits under section two hundred four of this article shall be absent
from work due to a disability as defined in subdivision nine of section
two hundred one of this article for more than seven consecutive days,
the employer shall provide the employee with a written statement of the
employee's rights under this article in a form prescribed by the chair-
man. The statement shall be provided to the employee within five busi-
ness days after the employee's seventh consecutive day of absence due to
disability or within five business days after the employer knows or
should know that the employee's absence is due to disability, whichever
is later. EACH COVERED EMPLOYER SHALL PROVIDE EACH EMPLOYEE WITH A
TYPEWRITTEN, PRINTED OR ELECTRONIC NOTICE IN A FORM PRESCRIBED BY THE
CHAIR, STATING THAT THE EMPLOYER HAS PROVIDED FOR THE PAYMENT OF DISA-
BILITY BENEFITS AS REQUIRED BY THIS ARTICLE WITHIN THIRTY DAYS OF THE
EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND NINE WHICH
AMENDED THIS SUBDIVISION. EACH COVERED EMPLOYER SHALL PROVIDE SUCH
NOTICE TO ALL NEW EMPLOYEES WITHIN THIRTY DAYS OF THEIR FIRST DAY OF
WORK.
S 18. The workers' compensation law is amended by adding a new section
239-a to read as follows:
S 239-A. FAMILY CARE STUDY AND MONITORING. THERE SHALL BE CREATED THE
FAMILY CARE ADVISORY COUNCIL, WHICH SHALL CONSIST OF FIFTEEN MEMBERS TO
BE APPOINTED BY THE GOVERNOR AS FOLLOWS: TWO ON RECOMMENDATION BY THE
NEW YORK STATE AMERICAN FEDERATION OF LABOR-CONGRESS OF INDUSTRIAL
ORGANIZATIONS, ONE OF WHOM SHALL BE REPRESENTATIVE OF PUBLIC EMPLOYEE
ORGANIZATIONS CERTIFIED UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW,
PARTICIPATING IN THE PAID FAMILY CARE PLAN, ONE OF WHOM IS REPRESEN-
TATIVE OF UNIONS REPRESENTING WORKERS EMPLOYED IN THE PRIVATE SECTOR;
TWO WHO ARE REPRESENTATIVES OF ORGANIZATIONS THAT REPRESENT EITHER
COVERED BUSINESS OR PUBLIC EMPLOYERS IN NEW YORK STATE PARTICIPATING IN
THE PAID FAMILY LEAVE PLAN; TWO ON NOMINATION OF THE SPEAKER OF THE
ASSEMBLY; ONE ON NOMINATION BY THE MINORITY LEADER OF THE ASSEMBLY; TWO
ON NOMINATION BY THE TEMPORARY PRESIDENT OF THE SENATE; ONE ON NOMI-
NATION BY THE MINORITY LEADER OF THE SENATE; AND THE SUPERINTENDENT OF
INSURANCE, COMMISSIONER OF LABOR AND CHAIR OF THE WORKERS' COMPENSATION
BOARD, WHO SHALL SERVE AS MEMBERS EX OFFICIO. THE COMMISSIONER OF LABOR
SHALL SERVE AS CHAIR OF THE COUNCIL. THE SUPERINTENDENT OF INSURANCE AND
CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL CONSULT REGULARLY WITH
THE COUNCIL ON THE IMPLEMENTATION OF THE FAMILY CARE BENEFIT. THE
DEPARTMENT OF LABOR, THE INSURANCE DEPARTMENT AND THE WORKERS' COMPEN-
SATION BOARD SHALL PROVIDE ALL NECESSARY PERSONNEL AND LOGISTICAL
SUPPORT AS MAY BE NECESSARY TO COMPLETE THE DUTIES OF THE ADVISORY COUN-
CIL. THE COUNCIL MAY ISSUE SUCH RECOMMENDATIONS OR REPORTS AS THEY DEEM
WARRANTED ON THE FAMILY CARE BENEFIT, INCLUDING ON THE SCOPE OF THE
S. 1824 10
BENEFIT, PROBLEMS WITH THE BENEFIT; FUNDING OF THE BENEFIT INCLUDING
PASS-THROUGH COSTS; POSSIBLE STATUTORY AMENDMENTS AND REGULATORY CHANG-
ES; USAGE RATES; OUTREACH. ANY SUCH RECOMMENDATIONS OR REPORTS SHALL BE
PROVIDED TO THE GOVERNOR, SPEAKER OF THE ASSEMBLY, TEMPORARY PRESIDENT
OF THE SENATE AND MINORITY LEADERS OF THE SENATE AND ASSEMBLY. EACH
MEMBER OF THE COMMISSION SHALL SERVE A TERM OF THREE YEARS. AN APPOINT-
MENT TO FILL A VACANCY SHALL BE MADE FOR THE REMAINDER OF THE AFFECTED
TERM. MEMBERS SHALL RECEIVE NO COMPENSATION.
S 19. Paragraph 3 of subsection (a) of section 1113 of the insurance
law is amended to read as follows:
(3) "Accident and health insurance," means (i) insurance against death
or personal injury by accident or by any specified kind or kinds of
accident and insurance against sickness, ailment or bodily injury,
including insurance providing disability benefits pursuant to article
nine of the workers' compensation law, INCLUDING ANY INSURANCE UNDER
THAT ARTICLE FOR FAMILY CARE BENEFITS, DISABILITY BENEFITS RESULTING
FROM SICKNESS OR INJURY, OR BOTH, except as specified in item (ii) here-
of; and (ii) non-cancellable disability insurance, meaning insurance
against disability resulting from sickness, ailment or bodily injury
(but excluding insurance solely against accidental injury) under any
contract which does not give the insurer the option to cancel or other-
wise terminate the contract at or after one year from its effective date
or renewal date.
S 20. This act shall take effect October 1, 2009; provided, however,
that:
(a) paragraph a of subdivision 3 of section 211-a of the workers'
compensation law, as added by section twelve of this act allowing public
employees to opt in to family care benefits prior to July 1, 2010, shall
take effect immediately; and
(b) effective immediately, the addition, amendment and/or repeal of
any rules or regulations necessary for the implementation of this act
and any administrative steps necessary to effectuate the purposes of
this act on its effective date are authorized and directed to be made
and completed on or before such effective date.