S T A T E O F N E W Y O R K
________________________________________________________________________
6741
I N S E N A T E
March 5, 2014
___________
Introduced by Sens. SAVINO, KLEIN, VALESKY, CARLUCCI, AVELLA -- read
twice and ordered printed, and when printed to be committed to the
Committee on Labor
AN ACT to amend the workers' compensation law and the insurance law, in
relation to establishing family care benefits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 9 of section 201 of the workers' compensation
law is amended by adding a new paragraph C to read as follows:
C. "DISABILITY" ALSO INCLUDES FAMILY CARE.
S 2. Subdivision 14 of section 201 of the workers' compensation law,
as added by chapter 600 of the laws of 1949 and as renumbered by chapter
438 of the laws of 1964, is amended, and nine new subdivisions 15, 16,
17, 18, 19, 20, 21, 22 and 23 are added to read as follows:
14. "A day of disability" means any day on which the employee was
prevented from performing work because of disability, INCLUDING ANY DAY
WHICH THE EMPLOYEE USES FOR FAMILY CARE, and for which [he] THE EMPLOYEE
has not received his OR HER regular remuneration.
15. "FAMILY CARE" MEANS ANY LEAVE TAKEN BY AN EMPLOYEE FROM PERFORMING
WORK:
A. TO PARTICIPATE IN PROVIDING CARE, INCLUDING PHYSICAL OR PSYCHOLOG-
ICAL CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY BY A SERI-
OUS HEALTH CONDITION OF THE FAMILY MEMBER; OR
B. TO BOND WITH THE EMPLOYEE'S CHILD DURING THE FIRST TWELVE MONTHS
AFTER THE CHILD'S BIRTH, OR THE FIRST TWELVE MONTHS AFTER THE PLACEMENT
OF THE CHILD FOR ADOPTION OR FOSTER CARE WITH THE EMPLOYEE.
16. "CHILD" MEANS A BIOLOGICAL, ADOPTED OR FOSTER CHILD, A STEP-CHILD,
A LEGAL WARD OR A CHILD OF A PERSON WHO STANDS IN PARENTAL RELATIONSHIP
TO THE CHILD WHO IS:
A. LESS THAN 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 SAME MEANING SET FORTH IN SUBDIVISION
ONE OF SECTION FOUR OF THIS CHAPTER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13578-02-4
S. 6741 2
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 A BIOLOGICAL OR ADOPTIVE PARENT OR STEP-PARENT OF
AN EMPLOYEE, OR A PERSON WHO STOOD IN PARENTAL RELATIONSHIP TO AN
EMPLOYEE WHEN THE EMPLOYEE WAS:
A. LESS THAN EIGHTEEN YEARS OF AGE; OR
B. EIGHTEEN YEARS OF AGE OR OLDER AND INCAPABLE OF SELF-CARE BECAUSE
OF A MENTAL OR PHYSICAL DISABILITY.
20. "FAMILY MEMBER" MEANS A CHILD, SPOUSE, DOMESTIC PARTNER, PARENT,
GRANDCHILD, GRANDPARENT, OR MOTHER OR FATHER OF A DOMESTIC PARTNER.
21. "PERSONS WHO STAND IN PARENTAL RELATIONSHIP TO A CHILD" INCLUDE
THOSE WITH DAY-TO-DAY RESPONSIBILITIES TO CARE FOR AND PROVIDE FINANCIAL
SUPPORT OF A CHILD, OR, IN THE CASE OF AN EMPLOYEE, WHO HAD SUCH RESPON-
SIBILITY FOR THE EMPLOYEE WHEN THE EMPLOYEE WAS A CHILD. A BIOLOGICAL OR
LEGAL RELATIONSHIP SHALL NOT BE NECESSARY.
22. "GRANDCHILD" MEANS THE CHILD OF A CHILD.
23. "HEALTH CARE PROVIDER" MEANS A HEALTH CARE PRACTITIONER WHO IS
LICENSED UNDER THE RELEVANT FEDERAL OR STATE LAWS TO PROVIDE MEDICAL,
EMERGENCY OR HEALTH SERVICES, AND IS TREATING AN EMPLOYEE OR A FAMILY
MEMBER FOR A SERIOUS HEALTH CONDITION.
S 3. Section 202 of the workers' compensation law is amended by adding
a new subdivision 1-a to read as follows:
1-A. SOLELY FOR THE PURPOSES OF THE PROVISIONS OF THIS ARTICLE RELAT-
ING TO THE PROVISION OF BENEFITS, RIGHTS AND PRIVILEGES RELATING TO
FAMILY CARE LEAVE, "COVERED EMPLOYER" SHALL INCLUDE THE STATE OR ANY
POLITICAL OR CIVIL SUBDIVISION THEREOF, AND EMPLOYERS WITH TWENTY-FIVE
OR MORE EMPLOYEES.
S 4. The workers' compensation law is amended by adding two new
sections 203-a and 203-b to read as follows:
S 203-A. RETALIATORY ACTION PROHIBITED. 1. THE PROVISIONS OF SECTION
ONE HUNDRED TWENTY OF THIS CHAPTER AND SECTION TWO HUNDRED FORTY-ONE OF
THIS ARTICLE SHALL BE APPLICABLE TO FAMILY CARE LEAVE AS IF FULLY SET
FORTH IN THIS SECTION.
2. NOTHING IN THIS SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS,
PRIVILEGES OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE BARGAINING
AGREEMENT OR EMPLOYMENT CONTRACT; EXCEPT THAT THE INSTITUTION OF AN
ACTION IN ACCORDANCE WITH THIS SECTION SHALL BE DEEMED A WAIVER OF THE
RIGHTS AND REMEDIES AVAILABLE UNDER ANY OTHER CONTRACT OR COLLECTIVE
BARGAINING AGREEMENT.
S 203-B. FAMILY CARE LEAVE. ANY ELIGIBLE EMPLOYEE OF A COVERED EMPLOY-
ER WHO TAKES FAMILY CARE LEAVE ON OR AFTER JANUARY FIRST, TWO THOUSAND
FIFTEEN UNDER THIS SECTION SHALL BE ENTITLED, ON RETURN FROM SUCH LEAVE,
TO BE RESTORED BY HIS OR HER EMPLOYER TO THE POSITION OF EMPLOYMENT HELD
BY THE EMPLOYEE WHEN THE LEAVE COMMENCED, OR TO BE RESTORED TO A COMPA-
RABLE POSITION WITH COMPARABLE EMPLOYMENT BENEFITS, PAY AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT. THE TAKING OF LEAVE FOR THE PURPOSE OF
FAMILY CARE SHALL NOT RESULT IN THE LOSS OF ANY EMPLOYMENT BENEFIT
ACCRUED PRIOR TO THE DATE ON WHICH THE LEAVE COMMENCED. NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO ENTITLE ANY RESTORED EMPLOYEE TO THE
ACCRUAL OF ANY SENIORITY OR EMPLOYMENT BENEFITS DURING ANY PERIOD OF
LEAVE, OR ANY RIGHT, BENEFIT OR POSITION TO WHICH THE EMPLOYEE WOULD
HAVE BEEN ENTITLED HAD THE EMPLOYEE NOT TAKEN SUCH LEAVE. A VIOLATION OF
THIS SECTION SHALL BE A VIOLATION OF SECTION ONE HUNDRED TWENTY OF THIS
S. 6741 3
CHAPTER, AND ALL REMEDIES AND PENALTIES AVAILABLE UNDER SECTION ONE
HUNDRED TWENTY OF THIS CHAPTER SHALL BE AVAILABLE FOR VIOLATIONS OF THIS
SECTION AS IF FULLY SET FORTH IN THIS SECTION.
S 5. Section 204 of the workers' compensation law is amended by adding
a new subdivision 3 to read as follows:
3. THE WEEKLY BENEFIT WHICH AN EMPLOYEE ON FAMILY CARE LEAVE IS ENTI-
TLED TO RECEIVE FOR DISABILITY COMMENCING ON OR AFTER JANUARY FIRST, TWO
THOUSAND FIFTEEN, BUT BEFORE JANUARY FIRST, TWO THOUSAND SIXTEEN, SHALL
BE FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE, BUT IN NO CASE
SHALL SUCH BENEFIT EXCEED THIRTY-FIVE PERCENT OF THE STATEWIDE AVERAGE
WEEKLY WAGE AS DETERMINED BY THE DEPARTMENT PURSUANT TO SUBDIVISION
SIXTEEN OF SECTION TWO OF THIS CHAPTER. THE WEEKLY BENEFIT WHICH THE
DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR DISABILITY COMMENCING ON OR
AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, BUT BEFORE JANUARY FIRST, TWO
THOUSAND SEVENTEEN, SHALL BE FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE
WEEKLY WAGE, BUT IN NO CASE SHALL SUCH BENEFIT EXCEED FORTY PERCENT OF
THE STATEWIDE AVERAGE WEEKLY WAGE AS DETERMINED BY THE DEPARTMENT PURSU-
ANT TO SUBDIVISION SIXTEEN OF SECTION TWO OF THIS CHAPTER. THE WEEKLY
BENEFIT WHICH THE DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR DISABILI-
TY COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN SHALL BE
FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE, BUT IN NO CASE
SHALL SUCH BENEFIT EXCEED FIFTY PERCENT OF THE STATEWIDE AVERAGE WEEKLY
WAGE AS DETERMINED BY THE DEPARTMENT PURSUANT TO SUBDIVISION SIXTEEN OF
SECTION TWO OF THIS CHAPTER.
S 6. Subdivisions 1, 2, 3, 4, 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 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. (A) For DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY 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
(B) FOR FAMILY CARE, FOR MORE THAN SIX 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, SICKNESS OR
PREGNANCY 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 condition 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 disability 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 psychol-
ogist 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
S. 6741 4
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;
8. for any disability RESULTING FROM AN INJURY, SICKNESS OR PREGNANCY
OF THE EMPLOYEE commencing before the employee becomes eligible to bene-
fits 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 there-
to.]; OR
9. FOR ANY DAY OF ABSENCE FROM WORK REQUIRED PURSUANT TO ANY DISCIPLI-
NARY PROCESS, OR, WITH REGARD TO FAMILY CARE BENEFITS, ANY DAY OF
ABSENCE FROM WORK RESULTING FOR INJURY, SICKNESS OR PREGNANCY OF THE
EMPLOYEE, INCLUDING ANY LEAVE TAKEN UNDER SECTION SEVENTY-THREE OR
SEVENTY-FIVE OF THE CIVIL SERVICE LAW.
S 7. 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 INJURY, SICKNESS OR PREGNANCY. THE RECEIPT OF
BENEFITS FOR DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF
THE EMPLOYEE, SHALL NOT COUNT TOWARD ANY TIME LIMITATION UNDER SUBDIVI-
SION 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 BENEFITS FOR
DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY TO THE EMPLOYEE,
EXCEPT THAT AN EMPLOYEE MAY RECEIVE DISABILITY BENEFITS ON ONLY ONE
CLAIM AT ANY TIME.
S 8. Subdivision 3 of section 209 of the workers' compensation law, as
amended by chapter 415 of the laws of 1983, is amended and a new subdi-
vision 6 is added to read as follows:
3. The contribution of each such employee to the cost of disability
benefits provided by this article shall be one-half of one per centum of
the employee's wages paid to him on and after July first, nineteen
hundred fifty, but not in excess of sixty cents per week FOR THE COST OF
DISABILITY BENEFITS FOR INJURY, SICKNESS OR PREGNANCY OF THE EMPLOYEE.
6. EFFECTIVE DURING THE TWO THOUSAND FIFTEEN CALENDAR YEAR FAMILY CARE
BENEFITS SHALL BE PROVIDED AT NO COST TO AN ELIGIBLE EMPLOYEE THROUGH
THE STATE GENERAL FUND. THIS EXACT LEVEL OF FUNDING SHALL BE PROVIDED BY
THE STATE EACH CALENDAR YEAR FOR FAMILY CARE BENEFITS. DURING EVERY
SUBSEQUENT CALENDAR YEAR, THE CONTRIBUTION OF EACH SUCH EMPLOYEE TO THE
COST OF FAMILY CARE BENEFITS SHALL BE SET BY REGULATION OF THE SUPER-
INTENDENT OF FINANCIAL SERVICES. EMPLOYERS SHALL NOT CONTRIBUTE TOWARD
THE COST OF FAMILY CARE BENEFITS.
S 9. 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
S. 6741 5
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 INJURY, SICKNESS TO OR PREGNANCY OF
THE EMPLOYEE AS IT USES TO PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE
UNDER THIS ARTICLE FOR FAMILY 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 INJURY OR SICKNESS TO OR PREGNANCY OF THE EMPLOYEE, FROM
THE MEANS USED TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE FOR FAMILY
CARE.
S 10. The workers' compensation law is amended by adding a new section
211-a to read as follows:
S 211-A. PUBLIC EMPLOYEES; EMPLOYEE OPTION. 1. FOR PURPOSES OF THIS
SECTION:
(A) "PUBLIC EMPLOYEE" MEANS ANY EMPLOYEE OF THE STATE, ANY POLITICAL
SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY, OR ANY OTHER GOVERNMENTAL
AGENCY OR INSTRUMENTALITY.
(B) "PUBLIC EMPLOYER" MEANS THE STATE, ANY POLITICAL SUBDIVISION OF
THE STATE, A PUBLIC AUTHORITY, OR ANY OTHER GOVERNMENTAL AGENCY OR
INSTRUMENTALITY THEREOF.
(C) "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 PUBLIC
EMPLOYEES ELECTS TO HAVE FAMILY CARE BENEFITS PROVIDED IN ACCORDANCE
WITH THE PROCEDURES AND TERMS SET FORTH IN SUBDIVISION THREE OF THIS
SECTION.
3. AN EMPLOYEE ORGANIZATION MAY ELECT TO HAVE FAMILY CARE BENEFITS
PROVIDED ON BEHALF OF THE PUBLIC EMPLOYEES IT REPRESENTS:
(A) AT ANY TIME UPON NINETY DAYS NOTICE TO ANY PUBLIC EMPLOYER WHICH
IS NOT PROVIDING DISABILITY BENEFITS FOR INJURY, SICKNESS OR PREGNANCY
OF A PUBLIC EMPLOYEE UNDER SECTION TWO HUNDRED TWELVE OF THIS ARTICLE,
OR WHICH IS SELF-INSURED FOR SUCH BENEFITS;
(B) FOR ANY PUBLIC EMPLOYER WHICH IS PROVIDING DISABILITY BENEFITS FOR
INJURY, SICKNESS OR PREGNANCY OF A PUBLIC EMPLOYEE UNDER SECTION TWO
HUNDRED TWELVE OF THIS ARTICLE, UPON NOTICE AT LEAST NINETY DAYS PRIOR
TO THE EXPIRATION OF THE PUBLIC EMPLOYER'S INSURANCE POLICY FOR SUCH
BENEFITS, WHICH ELECTION SHALL BE EFFECTIVE ONLY FOR THE TIME PERIOD
COVERED BY ANY SUBSEQUENT POLICY OR RENEWAL; OR
(C) AT ANY TIME AS IS MUTUALLY AGREED UPON BETWEEN THE EMPLOYEE ORGAN-
IZATION AND ANY PUBLIC EMPLOYER. AN EMPLOYEE ORGANIZATION THAT HAS
ELECTED TO HAVE THE FAMILY CARE BENEFIT PROVIDED MAY OPT OUT OF IT WITH-
IN THE TIME PERIODS, AND EFFECTIVE UPON THE SAME DATES, SET FORTH IN
THIS PARAGRAPH.
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 THE FAMILY CARE COST AS SET FORTH IN SECTION TWO HUNDRED NINE
OF THIS ARTICLE.
S 11. Subdivisions 1, 2, 3 and 4 of section 217 of the workers'
compensation law, subdivision 1 as amended by chapter 167 of the laws of
1999, subdivisions 2 and 3 as amended by chapter 270 of the laws of
S. 6741 6
1990, and subdivision 4 as added by chapter 600 of the laws of 1949, are
amended to read as follows:
1. (A) 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
disability. 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:
(I) IN THE CASE OF DISABILITY RESULTING FROM INJURY, SICKNESS OR PREG-
NANCY OF THE EMPLOYEE, a statement of disability by the employee's
attending [physician 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 in
compliance with regulations of the chair.] HEALTH CARE PROVIDER; AND
(II) 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.
(B) Failure to furnish notice or proof within the time and in the
manner [above] provided IN PARAGRAPH (A) OF THIS SUBDIVISION 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 commence-
ment of the period of disability. No limitation of time provided in
this section shall run as against any person who is mentally incompe-
tent, 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.
2. An employee claiming benefits FOR THE EMPLOYEE'S INJURY, SICKNESS
OR PREGNANCY shall, as requested by the employer or carrier, submit
himself or herself at intervals, but not more than once a week, for
examination by a [physician or podiatrist or chiropractor or dentist or
psychologist or certified nurse midwife] RELEVANT HEALTH CARE PROVIDER
designated by the employer or carrier. All such examinations shall be
without cost to the employee and shall be held at a reasonable time and
place.
3. The chair may direct the claimant WHO SEEKS DISABILITY BENEFITS FOR
HIS OR HER INJURY, SICKNESS OR PREGNANCY to submit to examination by a
[physician or podiatrist or chiropractor or dentist or psychologist]
RELEVANT HEALTH CARE PROVIDER designated by him or her in any case in
which the claim to disability benefits is contested and in claims aris-
ing under section two hundred seven OF THIS ARTICLE, and in other cases
as the chair or board may require.
4. Refusal of the claimant without good cause to submit to any such
examination shall disqualify [him] THE CLAIMANT from all benefits here-
S. 6741 7
under for the period of such refusal, except as to benefits already
paid.
S 12. 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. (A) 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] CHAIR. The statement shall be provided to the employee within five
business 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, which-
ever is later.
(B) EACH COVERED EMPLOYER SHALL PROVIDE EACH EMPLOYEE WITH A TYPEWRIT-
TEN, PRINTED OR ELECTRONIC NOTICE IN A FORM PRESCRIBED BY THE CHAIR,
STATING THAT THE EMPLOYER HAS PROVIDED FOR THE PAYMENT OF DISABILITY
BENEFITS AS REQUIRED BY THIS ARTICLE WITHIN THIRTY DAYS OF THE EFFECTIVE
DATE OF THIS PARAGRAPH. EACH COVERED EMPLOYER SHALL PROVIDE SUCH NOTICE
TO ALL NEW EMPLOYEES WITHIN THIRTY DAYS OF THEIR FIRST DAY OF WORK.
S 13. 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 TO OR PREGNANCY OF AN EMPLOYEE, AND AS
PROVIDED PURSUANT 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 securities 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 14. 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
SUCH ARTICLE FOR FAMILY CARE BENEFITS, AND/OR DISABILITY BENEFITS
RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF AN EMPLOYEE ALL, except
as specified in item (ii) [hereof] OF THIS PARAGRAPH; and (ii) non-can-
cellable disability insurance, meaning insurance against disability
resulting from sickness, ailment or bodily injury (but excluding insur-
ance solely against accidental injury) under any contract which does not
give the insurer the option to cancel or otherwise terminate the
contract at or after one year from its effective date or renewal date.
S 15. This act shall take effect immediately.
