S T A T E   O F   N E W   Y O R K
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                                 3870--A
                                                        Cal. No. 163

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of  A.  NOLAN, TITUS, HEASTIE, COOK, WEPRIN, JAFFEE,
  SCHIMEL, COLTON, ROSENTHAL, ROZIC, FAHY, PERRY,  DenDEKKER,  DINOWITZ,
  GOTTFRIED,  MARKEY, O'DONNELL, RUSSELL, HOOPER, BRONSON, MAYER, ROBIN-
  SON, SEPULVEDA, RODRIGUEZ,  MOYA,  STECK,  ORTIZ,  LINARES,  ABINANTI,
  WALKER, BLAKE, KAVANAGH, LIFTON, HUNTER -- Multi-Sponsored by -- M. of
  A.  ARROYO,  AUBRY, BARRETT, BARRON, BICHOTTE, BRENNAN, CAHILL, CLARK,
  CRESPO, DAVILA, ENGLEBRIGHT, FARRELL, GALEF, GLICK, JOYNER,  KAMINSKY,
  KIM, LAVINE, LUPARDO, MILLER, OTIS, PEOPLES-STOKES, PICHARDO, PRETLOW,
  QUART,  SEAWRIGHT,  SIMON, SIMOTAS, SOLAGES, THIELE, WEINSTEIN -- read
  once and referred to the Committee on Labor --  advanced  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place on the
  order of third reading

AN ACT to amend the workers' compensation law and the insurance law,  in
  relation  to  providing  benefits for injury or sickness, pregnancy or
  family leave

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.   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,  SICKNESS  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03590-04-6

A. 3870--A                          2

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  2.  The  section  heading  and  the first undesignated paragraph of
section 120 of the workers' compensation law, as amended by  chapter  61
of the laws of 1989, are amended to read as follows:
  Discrimination  against employees [who bring proceedings]. It shall be
unlawful for any employer  or  his  or  her  duly  authorized  agent  to
discharge  or in any other manner discriminate against an employee as to
his or her employment because such employee has claimed or attempted  to
claim  compensation from such employer, OR CLAIMED OR ATTEMPTED TO CLAIM
ANY BENEFITS PROVIDED UNDER THIS CHAPTER,  or  because  he  or  she  has
testified  or is about to testify in a proceeding under this chapter and
no other valid reason is shown to exist for such action by the employer.
  S 3. Subdivision 9 of section 201 of the workers' compensation law  is
amended by adding two new paragraphs C and D to read as follows:
  C.  "DISABILITY"  ALSO INCLUDES FAMILY CARE, AS DEFINED IN SUBDIVISION
FIFTEEN OF THIS SECTION.
  D. UNLESS OTHERWISE SET FORTH IN THIS ARTICLE, ALL PROVISIONS OF  THIS
ARTICLE APPLICABLE TO "DISABILITY" SHALL APPLY TO (I) DISABILITY ARISING
FROM INJURY OR SICKNESS; (II) DISABILITY CAUSED BY OR IN CONNECTION WITH
PREGNANCY;  AND  (III) FAMILY CARE.   UNLESS OTHERWISE SET FORTH IN THIS
ARTICLE, ALL PROVISIONS  OF  THIS  ARTICLE  APPLICABLE  TO  A  "DISABLED
EMPLOYEE"  SHALL APPLY TO EMPLOYEES IN NEED OF TIME OFF FOR THE PURPOSES
OF SUBPARAGRAPHS (I), (II) AND (III) OF THIS PARAGRAPH.
  S 4. 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 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.
  S 5. Section 201 of the workers' compensation law is amended by adding
twelve  new  subdivisions 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and
26 to read as follows:
  15. "FAMILY CARE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOYEE FROM 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.
  C.  BECAUSE OF ANY QUALIFYING EXIGENCY AS INTERPRETED UNDER THE FAMILY
AND MEDICAL LEAVE ACT,  29  U.S.C.  S  2612(A)(1)(E)  AND  29  C.F.R.  S
825.126(A)(1)-(8),  ARISING  OUT  OF  THE FACT THAT THE SPOUSE, DOMESTIC
PARTNER, CHILD, OR PARENT OF THE EMPLOYEE IS ON ACTIVE DUTY (OR HAS BEEN
NOTIFIED OF AN IMPENDING CALL OR ORDER TO  ACTIVE  DUTY)  IN  THE  ARMED
FORCES OF THE UNITED STATES.
  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.
  17. "DOMESTIC PARTNER" HAS THE MEANING SET FORTH IN SUBDIVISION ONE OF
SECTION FOUR OF THIS CHAPTER.

A. 3870--A                          3

  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  BIOLOGICAL  OR  ADOPTIVE  PARENT,  STEP-PARENT  OR
PERSON WHO STOOD IN PARENTAL RELATIONSHIP TO AN EMPLOYEE.
  20.  "FAMILY  MEMBER" MEANS A CHILD, SPOUSE, DOMESTIC PARTNER, PARENT,
GRANDCHILD, GRANDPARENT, SIBLING OR PARENT OF A SPOUSE OR DOMESTIC PART-
NER.
  21. "PARENTAL RELATIONSHIP"  IS  A  RELATIONSHIP  IN  WHICH  A  PERSON
ASSUMES  THE OBLIGATIONS INCIDENT TO PARENTHOOD FOR A CHILD AND ACTUALLY
DISCHARGES THOSE OBLIGATIONS,  OR  A  RELATIONSHIP  IN  WHICH  A  PERSON
ASSUMED  THOSE OBLIGATIONS AND DISCHARGED THEM BEFORE THE CHILD ATTAINED
ADULTHOOD.  A BIOLOGICAL OR LEGAL RELATIONSHIP IS NOT NECESSARY.
  22. "GRANDCHILD" MEANS THE CHILD OF A CHILD.
  23. "HEALTH CARE PROVIDER" MEANS A HEALTH  CARE  PRACTITIONER  WHO  IS
LICENSED  UNDER RELEVANT FEDERAL OR STATE LAWS TO PROVIDE MEDICAL, EMER-
GENCY OR HEALTH  SERVICES  AND  IS  TREATING  AN  EMPLOYEE'S  DISABILITY
RESULTING  FROM  INJURY, SICKNESS OR PREGNANCY, OR A FAMILY MEMBER FOR A
SERIOUS HEALTH CONDITION.   FOR AN  EMPLOYEE  OR  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,
"HEALTH CARE PROVIDER" INCLUDES A PRACTITIONER DULY  ACCREDITED  BY  THE
CHURCH  OR  DENOMINATION WHO IS PROVIDING CARE TO THE EMPLOYEE OR FAMILY
MEMBER.
  24. "FAMILY CARE COST" SHALL MEAN:
  A. PRIOR TO JULY FIRST, TWO THOUSAND EIGHTEEN, UP TO FORTY-FIVE  CENTS
PER WEEK; AND
  B.  DURING EVERY SUBSEQUENT YEAR COMMENCING ON JULY FIRST SUCH MAXIMUM
AMOUNT AS SHALL BE SET BY REGULATION OF THE SUPERINTENDENT OF  FINANCIAL
SERVICES FOLLOWING CONSULTATION WITH THE FAMILY CARE ADVISORY COUNCIL BY
APRIL  FIRST  OF THE SAME YEAR BASED ON THE SUPERINTENDENT'S ACTUARIALLY
SOUND ESTIMATION OF THE COST PER EMPLOYEE OF PROVIDING FAMILY CARE BENE-
FITS, BUT IN NO EVENT MORE THAN ONE  HUNDRED  FIFTEEN  PERCENT  OF  SUCH
ESTIMATION  OF  THE  COST PER EMPLOYEE OF PROVIDING FAMILY CARE BENEFITS
THROUGH THE STATE INSURANCE FUND.
  25. "GRANDPARENT" MEANS THE PARENT OF A PARENT.
  26. "SIBLING" MEANS A BROTHER OR A  SISTER,  WHETHER  RELATED  THROUGH
HALF BLOOD, WHOLE BLOOD OR ADOPTION OR A STEP-SIBLING.
  S  6. The workers' compensation law is amended by adding a new section
203-a 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 FULLY AS IF 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.
  S 7. The workers' compensation law is amended by adding a new  section
203-b to read as follows:
  S 203-B. FAMILY CARE LEAVE. ANY ELIGIBLE EMPLOYEE OF A COVERED EMPLOY-
ER  WHO TAKES LEAVE UNDER THIS SECTION SHALL BE ENTITLED, ON RETURN FROM
SUCH LEAVE, TO BE RESTORED BY THE EMPLOYER TO THE POSITION OF EMPLOYMENT
HELD BY THE EMPLOYEE WHEN THE LEAVE COMMENCED, OR TO BE  RESTORED  TO  A

A. 3870--A                          4

COMPARABLE  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 THE LEAVE.  A VIOLATION OF
THIS  SECTION SHALL BE A VIOLATION OF SECTION ONE HUNDRED TWENTY OF THIS
CHAPTER AND ALL REMEDIES  AND  PENALTIES  AVAILABLE  UNDER  SECTION  ONE
HUNDRED TWENTY OF THIS CHAPTER SHALL BE AVAILABLE FOR VIOLATIONS OF THIS
SECTION AS FULLY AS IF SET FORTH IN THIS SECTION.
  S 8. Subdivision 1 of section 204 of the workers' compensation law, as
added  by chapter 600 of the laws of 1949, is amended and two new subdi-
visions 3 and 4 are added to read as follows:
  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 duration and other conditions and  limi-
tations in this section and in sections two hundred five and two hundred
six  OF  THIS ARTICLE.  WHEN AN EMPLOYEE IS ELIGIBLE TO RECEIVE BENEFITS
FOR FAMILY CARE REASONS IMMEDIATELY AFTER  RECEIVING  BENEFITS  FOR  THE
EMPLOYEE'S  OWN INJURY, SICKNESS OR PREGNANCY, BENEFITS SHALL BE PAYABLE
TO THE EMPLOYEE BEGINNING ON THE FIRST  DAY  OF  ELIGIBLE  FAMILY  CARE.
Successive periods of disability caused by the same or related injury or
sickness  OR  REASON  FOR FAMILY CARE shall be deemed a single period of
disability only if separated by less than three months.
  3. THE WEEKLY BENEFIT WHICH  THE  DISABLED  EMPLOYEE  IS  ENTITLED  TO
RECEIVE  FOR  DISABILITY COMMENCING ON OR AFTER JANUARY FIRST, TWO THOU-
SAND SEVENTEEN SHALL BE TWO-THIRDS  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 STATE  DEPARTMENT
OF LABOR 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 APRIL FIRST, TWO THOUSAND EIGHTEEN
SHALL BE TWO-THIRDS 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 STATE DEPARTMENT OF LABOR  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 APRIL FIRST, TWO THOUSAND NINETEEN SHALL BE TWO-
THIRDS OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT IN NO CASE  SHALL  SUCH
BENEFIT  EXCEED  FORTY-FIVE PERCENT OF THE STATEWIDE AVERAGE WEEKLY WAGE
AS DETERMINED BY THE STATE DEPARTMENT OF LABOR 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 APRIL  FIRST,  TWO  THOUSAND  TWENTY  AND  SUBSEQUENTLY  SHALL  BE
TWO-THIRDS  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 STATE DEPARTMENT OF LABOR PURSUANT TO SUBDIVISION
SIXTEEN OF SECTION TWO OF THIS CHAPTER.  FOR DISABILITY COMMENCING ON OR
AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, THE WEEKLY  BENEFIT  FOR  A
DISABLED  EMPLOYEE  WHO  IS  CONCURRENTLY  ELIGIBLE  FOR BENEFITS IN THE
EMPLOYMENT OF MORE THAN ONE COVERED EMPLOYER SHALL, WITHIN  THE  MAXIMUM
HEREIN  PROVIDED,  BE  TWO-THIRDS OF THE TOTAL OF THE EMPLOYEE'S AVERAGE

A. 3870--A                          5

WEEKLY WAGES RECEIVED FROM ALL SUCH  COVERED  EMPLOYERS,  AND  SHALL  BE
ALLOCATED  IN  THE  PROPORTION  OF  THEIR RESPECTIVE AVERAGE WEEKLY WAGE
PAYMENTS.
  4. NOTWITHSTANDING ANY CONTRARY PROVISIONS IN THIS ARTICLE, AN EMPLOY-
EE SHALL BE ENTITLED TO TAKE LEAVE FOR FAMILY CARE UNDER THIS ARTICLE ON
AN INTERMITTENT OR REDUCED LEAVE SCHEDULE, EXCEPT THAT AN EMPLOYEE SHALL
NOT  BE ENTITLED TO INTERMITTENT OR REDUCED LEAVE TO PROVIDE FAMILY CARE
UNDER PARAGRAPH A OF SUBDIVISION FIFTEEN OF SECTION TWO HUNDRED  ONE  OF
THIS  ARTICLE UNLESS SHOWN TO BE MEDICALLY NECESSARY. THE EMPLOYEE SHALL
MAKE A REASONABLE EFFORT TO SCHEDULE INTERMITTENT OR REDUCED LEAVE SO AS
NOT TO UNDULY DISRUPT THE OPERATIONS OF THE EMPLOYER. LEAVE TAKEN ON  AN
INTERMITTENT  OR  REDUCED LEAVE SCHEDULE SHALL NOT RESULT IN A REDUCTION
OF THE TOTAL AMOUNT OF LEAVE TO WHICH AN EMPLOYEE IS ENTITLED UNDER THIS
ARTICLE BEYOND THE AMOUNT OF LEAVE ACTUALLY TAKEN.
  S 9. 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. (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 TWELVE 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
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.] HEALTH CARE PROVIDER;
  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

A. 3870--A                          6

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, 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.];
  9. FOR ANY DAY OF ABSENCE FROM WORK RESULTING FROM INJURY, SICKNESS OR
PREGNANCY   OF   THE   EMPLOYEE   TAKEN  UNDER  SECTION  SEVENTY-ONE  OR
SEVENTY-THREE OF THE CIVIL SERVICE LAW.
  S 10. 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.  1. 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.
  2. AN EMPLOYER MAY REQUIRE THAT AN INDIVIDUAL WHO IS ENTITLED TO LEAVE
UNDER THE PROVISIONS OF THE FAMILY AND MEDICAL LEAVE  ACT  OF  1993,  29
U.S.C.  SEC.  2601  ET SEQ. SHALL TAKE ANY FAMILY CARE BENEFITS PROVIDED
UNDER THIS ARTICLE CONCURRENTLY WITH LEAVE TAKEN PURSUANT TO THE  FAMILY
AND MEDICAL LEAVE ACT.
  S  11.  Subdivision 3 of section 209 of the workers' compensation law,
as amended by chapter 415 of the laws of 1983, is  amended  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
PLUS THE FAMILY CARE COST, AS  DEFINED  IN  SUBDIVISION  TWENTY-FOUR  OF
SECTION TWO HUNDRED ONE OF THIS ARTICLE.
  S  11-a.  Section  210  of  the workers' compensation law, as added by
chapter 600 of the laws of 1949, is amended to read as follows:
  S 210. Employer contributions. 1. Every covered employer shall, on and
after January first, nineteen hundred  fifty,  contribute  the  cost  of
providing  [disability]  benefits  FOR DISABILITY RESULTING FROM INJURY,
SICKNESS OR PREGNANCY in excess of the contributions collected from  his
employees, to the extent and in the manner provided in this article.
  2.  The  special  contribution of each covered employer to the accumu-
lation of funds to provide benefits for disabled unemployed shall be  as
provided  in  subdivision  one  of  section two hundred fourteen OF THIS
ARTICLE.

A. 3870--A                          7

  3. The contribution of every covered employer to the cost of providing
[disability] benefits FOR DISABILITY RESULTING FROM INJURY, SICKNESS  OR
PREGNANCY  after  June  thirtieth,  nineteen hundred fifty, shall be the
excess of such cost over the amount of the contributions of his  employ-
ees.
  4.  No  profit  shall  be  derived  by  any employer or association of
employers or of employees from providing payment of disability  benefits
under  this  article.  All funds representing contributions of employers
and employees, and increments thereon, held by employers or associations
of employers or of employees authorized or  permitted  to  pay  benefits
under  the  provisions  of this article, and by trustees paying benefits
under plans or  agreements  meeting  the  requirements  of  section  two
hundred  eleven  OF  THIS  ARTICLE,  shall  be  trust funds and shall be
expended only to provide for the payment of benefits  to  employees  and
for  the  costs of administering this article and for the support of the
fund established under section two hundred fourteen OF THIS ARTICLE.
  S 12. 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 INJURY, SICKNESS 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, SICKNESS OR PREGNANCY OF THE EMPLOYEE, FROM THE MEANS  USED
TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE FOR FAMILY CARE.
  S 13. 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  PRIOR TO APRIL FIRST, TWO THOUSAND SEVENTEEN,
WHICH OPT IN SHALL BECOME EFFECTIVE ONLY ON  JULY  FIRST,  TWO  THOUSAND
SEVENTEEN;
  B.  AT  ANY  TIME  UPON NINETY DAYS NOTICE FOR ANY EMPLOYER WHO IS NOT
PROVIDING DISABILITY BENEFITS FOR INJURY, SICKNESS OR  PREGNANCY  OF  AN
EMPLOYEE  UNDER  SECTION  TWO  HUNDRED TWELVE OF THIS ARTICLE, OR WHO IS
SELF-INSURED FOR SUCH BENEFITS;

A. 3870--A                          8

  C. FOR ANY EMPLOYER WHO IS PROVIDING DISABILITY BENEFITS  FOR  INJURY,
SICKNESS OR PREGNANCY OF AN EMPLOYEE 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
  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.
  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 FAMILY CARE COST, AS DEFINED IN  SUBDIVISION  TWEN-
TY-FOUR  OF SECTION TWO HUNDRED ONE OF THIS ARTICLE, PER WEEK IN ACCORD-
ANCE WITH THE PROCEDURE SET FORTH IN SECTION TWO HUNDRED  NINE  OF  THIS
ARTICLE.
  S 14. Subdivisions 1 and 2 of section 212 of the workers' compensation
law,  subdivision  1  as  amended by chapter 740 of the laws of 1960 and
subdivision 2 as amended by chapter 120 of the laws of 1969, are 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  INJURY, SICKNESS OR PREGNANCY OF AN EMPLOYEE OR
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] CHAIR, and  if  the  employees
are required to contribute to the cost of such benefits the assent with-
in thirty days before such approval is granted, of more than one-half of
such  employees shall be evidenced to the satisfaction of the [chairman]
CHAIR.  On approval by the [chairman] CHAIR of such election to  provide
benefits,  all  the provisions of this article shall become and continue
applicable as if the employer were a covered employer 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]  CHAIR  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] CHAIR may approve.  ANY ELECTION BY A
PUBLIC EMPLOYER TO PROVIDE FAMILY  CARE  BENEFITS  MADE  PRIOR  TO  JULY
FIRST, TWO THOUSAND SEVENTEEN SHALL BE EFFECTIVE ON THAT DATE.
  2.  Notwithstanding  the  definition of "employer" and "employment" in
section two hundred one of this article, THE STATE, a public  authority,
a  municipal  corporation or a fire district or other political subdivi-
sion may become a covered employer under this article by complying  with
the  provisions  of  subdivision one of this section and may discontinue
such status only as provided in [that] SUCH subdivision.
  S 15. 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 1990

A. 3870--A                          9

and  subdivision  4  as  added  by  chapter 600 of the laws of 1949, are
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 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;
  (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;
  (D)  IN THE CASE OF BENEFITS DUE TO A MILITARY EXIGENCY, PROOF OF CALL
TO ACTIVE DUTY AND CERTIFICATION THAT  THE  LEAVE  IS  FOR  ONE  OF  THE
EXIGENCIES  AUTHORIZED  FOR  LEAVE  UNDER  REGULATION  OF THE FAMILY AND
MEDICAL LEAVE ACT, 29 CFR SEC. 825.309(6).
  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.
  2.  An  employee claiming benefits FOR THE EMPLOYEE'S INJURY, SICKNESS
OR PREGNANCY, OR THE FAMILY MEMBER OF SUCH EMPLOYEE IN  ANY  CASE  WHERE
THE  EMPLOYEE  CLAIMS  FAMILY  CARE  BENEFITS FOR PROVIDING CARE TO THAT
FAMILY MEMBER 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

A. 3870--A                         10

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 OR FAMILY MEMBER 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, OR THE CLAIMANT'S FAMILY
MEMBER WHERE THE CLAIMANT SEEKS DISABILITY BENEFITS FOR FAMILY LEAVE  TO
PROVIDE CARE TO THAT FAMILY MEMBER to submit to examination by a [physi-
cian  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 arising under
section two hundred seven OF THIS ARTICLE, and in  other  cases  as  the
chair or board may require.
  4.  Refusal  of  the  claimant  OR FAMILY MEMBER without good cause to
submit to any such examination shall disqualify [him] THE CLAIMANT  from
all  benefits  hereunder  for  the  period of such refusal, except as to
benefits already paid.
  S 16.  Section 221 of the workers'  compensation  law,  as  separately
amended  by chapters 425 and 500 of the laws of 1985, is amended to read
as follows:
  S 221. Determination of  contested  claims  for  disability  benefits.
Within  twenty-six  weeks  of  written notice of rejection of claim, the
employee may file with the [chairman] CHAIR 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 excused by the [chairman] CHAIR if it can be shown to the  satis-
faction  of the [chairman] CHAIR not to have been reasonably possible to
furnish such notice and that such notice was furnished as soon as possi-
ble.  On demand of the [chairman] CHAIR the employer  or  carrier  shall
forthwith deliver to the [chairman] CHAIR 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 PROVID-
ER'S  statement,  wage  and  employment data and all other papers in the
possession of the employer or carrier with  respect  to  such  claim  OR
COMPLAINT.
  The  board shall have full power and authority to determine all issues
in relation to every such claim  for  disability  benefits  required  or
provided  under  this article, and shall file its decision in the office
of the [chairman] CHAIR.  Upon such filing, the [chairman]  CHAIR  shall
send  to  the  parties  a copy of the decision. Either party may present
evidence and be represented by counsel at any  hearing  on  such  claim.
The  decision  of  the  board shall be final as to all questions of fact
and, except as provided in section twenty-three of this chapter,  as  to
all questions of law. Every decision of the board shall be complied with
in  accordance  with its terms within ten days thereafter except in case
of appeal, and any payments due under such decision  shall  draw  simple
interest  from thirty days after the making thereof at the rate provided
in section five thousand four of the civil practice law and rules.
  S 16-a. Subdivisions 2 and 3 of section 226 of  the  workers'  compen-
sation  law, as added by chapter 600 of the laws of 1949, are amended to
read as follows:
  2. Every such policy shall contain a provision that,  as  between  the
employee  and  the  insurance carrier, the notice to or knowledge of the
occurrence of the [injury or sickness] DISABILITY on  the  part  of  the

A. 3870--A                         11

employer  shall be deemed notice or knowledge as the case may be, on the
part of the insurance carrier; that jurisdiction of the employer  shall,
for the purpose of this chapter, be jurisdiction of the insurance carri-
er  and  that  the insurance carrier shall in all things be bound by and
subject to the orders, findings or decisions rendered in connection with
the payment of benefits under the provisions of this article.
  3. Every such policy shall contain a provision to the effect that  the
insolvency or bankruptcy of the employer shall not relieve the insurance
carrier  from  the  payment  of  benefits for disability [suffered by an
employee] THAT OCCURS during the life of such policy.
  S 17. Subdivisions 1 and 2 of section 229 of the workers' compensation
law, subdivision 1 as amended and subdivision 2 as added by chapter  271
of the laws of 1985, are amended to read as follows:
  1.  Each  covered  employer  shall  post and maintain in a conspicuous
place or places in and about the employer's place or places of  business
typewritten  or  printed  notices  in  form prescribed by the [chairman]
CHAIR, stating that the employer has provided for the payment  of  disa-
bility  benefits  as  required by this article. The [chairman] CHAIR may
require any covered employer to furnish a written statement at any  time
showing  the carrier insuring the payment of benefits under this article
or the manner in which such  employer  has  complied  with  section  two
hundred  eleven  or  any  other provision of this article. Failure for a
period of ten days to furnish such written  statement  shall  constitute
presumptive  evidence  that  such  employer  has  neglected or failed in
respect of any of the matters so required. 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  DISABILITY BENEFITS AS REQUIRED BY THIS
ARTICLE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THE CHAPTER  OF  THE
LAWS  OF  TWO  THOUSAND  SIXTEEN  WHICH  AMENDED  THIS SUBDIVISION. EACH
COVERED EMPLOYER SHALL PROVIDE SUCH NOTICE TO ALL NEW  EMPLOYEES  WITHIN
THIRTY DAYS OF THEIR FIRST DAY OF WORK.
  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] 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.
  S 18. The workers' compensation law is amended by adding a new section
239-a to read as follows:
  S 239-A. FAMILY CARE OUTREACH STUDY AND MONITORING.  1. THE DEPARTMENT
SHALL DEVELOP AND IMPLEMENT A PUBLIC EDUCATION CAMPAIGN TO INFORM  WORK-
ERS  AND  EMPLOYERS REGARDING THE AVAILABILITY OF FAMILY CARE UNDER THIS
CHAPTER. THE DEPARTMENT'S PUBLIC OUTREACH CAMPAIGN MAY  INCLUDE  LOCALLY
TAILORED  PUBLIC EDUCATION STRATEGIES TARGETED TO NEW PARENTS AND FAMILY
CAREGIVERS WHO MAY BE ELIGIBLE FOR FAMILY CARE UNDER  THIS  CHAPTER.  AS
PART  OF  THE  PUBLIC EDUCATION PROGRAM, PUBLIC OFFICIALS MAY MAINTAIN A
SUPPLY OF INFORMATIONAL LEAFLETS IN PUBLIC BUILDINGS, INCLUDING BUT  NOT
LIMITED  TO  LOCAL EMPLOYMENT SERVICES OFFICES OF THE DEPARTMENT, INSTI-
TUTIONS AND FACILITIES UNDER THE SUPERVISION OR CONTROL OF  THE  DEPART-
MENT  OF  HEALTH, HOSPITALS, UNION HALLS, COMMUNITY CENTERS, SCHOOLS AND

A. 3870--A                         12

LOCAL AGENCIES PROVIDING SERVICES TO EMPLOYERS  AND  EMPLOYEES  TO  HELP
ENSURE THAT SUCH PERSONS ARE INFORMED OF THE AVAILABILITY OF FAMILY CARE
UNDER  THIS CHAPTER. THE DEPARTMENT SHALL MAKE PUBLIC EDUCATION INFORMA-
TION  AVAILABLE  IN ENGLISH, SPANISH, CHINESE, RUSSIAN, ITALIAN, KOREAN,
HAITIAN CREOLE, AND  ANY  OTHER  LANGUAGES  DEEMED  APPROPRIATE  BY  THE
DEPARTMENT.
  2. THE DEPARTMENT OF FINANCIAL SERVICES SHALL STUDY, AND REPORT TO THE
GOVERNOR AND BOTH HOUSES OF THE LEGISLATURE BY APRIL FIRST, TWO THOUSAND
SEVENTEEN,  ON THE FEASIBILITY AND IMPACT OF COMMUNITY RATING DISABILITY
INSURANCE OR ANY ASPECT THEREOF.
  3. 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  REPRESENTATIVE  OF  UNIONS  REPRESENTING  WORKERS
EMPLOYED IN THE PRIVATE SECTOR; TWO WHO ARE REPRESENTATIVES OF ORGANIZA-
TIONS  THAT REPRESENT EITHER COVERED BUSINESS OR PUBLIC EMPLOYERS IN NEW
YORK STATE PARTICIPATING IN THE PAID FAMILY LEAVE  PLAN;  TWO  ON  NOMI-
NATION 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 NOMINATION BY THE MINORITY LEADER OF THE SENATE; AND
THE SUPERINTENDENT OF FINANCIAL SERVICES, 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  FINANCIAL  SERVICES  AND  CHAIR OF THE WORKERS'
COMPENSATION BOARD   SHALL CONSULT REGULARLY WITH  THE  COUNCIL  ON  THE
IMPLEMENTATION  OF  THE FAMILY CARE BENEFIT. THE DEPARTMENT, THE DEPART-
MENT OF FINANCIAL SERVICES AND THE  WORKERS'  COMPENSATION  BOARD  SHALL
PROVIDE  ALL NECESSARY PERSONNEL AND LOGISTICAL SUPPORT AS MAY BE NECES-
SARY TO COMPLETE THE DUTIES OF THE ADVISORY COUNCIL. THE COUNCIL OR  ANY
OF  ITS  MEMBERS  MAY ISSUE SUCH RECOMMENDATIONS OR REPORTS AS THEY DEEM
WARRANTED ON THE FAMILY CARE BENEFIT, INCLUDING  ON  THE  SCOPE  OF  THE
BENEFIT,  PROBLEMS  WITH  THE BENEFIT; FUNDING OF THE BENEFIT  INCLUDING
PASS-THROUGH COSTS; POSSIBLE STATUTORY AMENDMENTS AND REGULATORY  CHANG-
ES;  USAGE  RATES;  OUTREACH; AND COMMUNITY RATING. ANY SUCH RECOMMENDA-
TIONS OR REPORTS SHALL BE PROVIDED TO THE  GOVERNOR,  SUPERINTENDENT  OF
FINANCIAL  SERVICES, 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 APPOINTMENT 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 INJURY, SICKNESS OR PREGNANCY OF AN EMPLOYEE,  OR  ALL,  except  as
specified in item (ii) [hereof] OF THIS PARAGRAPH; and (ii) non-cancell-
able  disability insurance, meaning insurance against disability result-
ing from sickness, ailment or bodily  injury  (but  excluding  insurance
solely against accidental injury) under any contract which does not give

A. 3870--A                         13

the  insurer the option to cancel or otherwise terminate the contract at
or after one year from its effective date or renewal date.
  S 20. This act shall take effect immediately; provided, however, that:
  (a)  Sections  two,  three,  four, five, six, seven, eight, nine, ten,
eleven, twelve, thirteen,  fourteen,  fifteen,  sixteen,  seventeen  and
nineteen of this act shall take effect January 1, 2017.
  (b)  Paragraph  a  of  subdivision  3 of section 211-a of the workers'
compensation law, as added by section  thirteen  of  this  act  allowing
public employees to opt in to family care benefits prior to July 1, 2017
and  subdivision  1  of  section 212 of the workers' compensation law as
amended by section fourteen of this act allowing public employers to opt
in to family care benefits prior to July  1,  2017,  shall  take  effect
immediately.
  (c)  Effective  immediately,  the addition, amendment and/or repeal of
any rules or regulations necessary for the implementation of this act on
its effective date are authorized and directed to be made and  completed
on or before such effective date.