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.
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.
S. 3004 3
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 SEVENTEEN, 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
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
S. 3004 4
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 SIXTEEN 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 SEVEN-
TEEN 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 EIGHTEEN 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 NINETEEN 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 SIXTEEN, 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
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
S. 3004 5
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
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
S. 3004 6
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.
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.
S. 3004 7
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.
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 SIXTEEN, WHICH
OPT IN SHALL BECOME EFFECTIVE ONLY ON JULY FIRST, TWO THOUSAND SIXTEEN;
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;
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
S. 3004 8
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 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 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 SIXTEEN 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
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
S. 3004 9
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
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
S. 3004 10
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
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.
S. 3004 11
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, is 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 FIFTEEN 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
OF LABOR SHALL DEVELOP AND IMPLEMENT A PUBLIC EDUCATION CAMPAIGN TO
INFORM WORKERS AND EMPLOYERS REGARDING THE AVAILABILITY OF FAMILY CARE
UNDER THIS CHAPTER. THE DEPARTMENT OF LABOR'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 OF LABOR, INSTITUTIONS AND FACILITIES UNDER THE SUPERVISION
OR CONTROL OF THE DEPARTMENT OF HEALTH, HOSPITALS, UNION HALLS, COMMUNI-
TY CENTERS, SCHOOLS AND 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 OF LABOR
SHALL MAKE PUBLIC EDUCATION INFORMATION AVAILABLE IN ENGLISH, SPANISH,
CHINESE, RUSSIAN, ITALIAN, KOREAN, HAITIAN CREOLE, AND ANY OTHER
LANGUAGES DEEMED APPROPRIATE BY THE DEPARTMENT OF LABOR.
S. 3004 12
2. THE DEPARTMENT OF FINANCIAL SERVICES SHALL STUDY, AND REPORT TO THE
GOVERNOR AND BOTH HOUSES OF THE LEGISLATURE BY APRIL FIRST, TWO THOUSAND
SIXTEEN, 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 OF LABOR, THE
DEPARTMENT OF FINANCIAL SERVICES AND THE WORKERS' COMPENSATION BOARD
SHALL PROVIDE ALL NECESSARY PERSONNEL AND LOGISTICAL SUPPORT AS MAY BE
NECESSARY 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
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, 2016.
S. 3004 13
(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, 2016
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, 2016, 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.
