S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10272
 
                           I N  A S S E M B L Y
 
                               April 8, 2020
                                ___________
 
 Introduced  by M. of A. REYES -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the workers' compensation law, in relation to paid fami-
   ly leave and bereavement
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 15 of section 201 of the workers' compensation
 law, as added by section 2 of part SS of chapter 54 of the laws of 2016,
 is amended to read as follows:
   15. "Family leave" shall mean any leave  taken  by  an  employee  from
 work:    (a)  to  participate  in  providing care, including physical or
 psychological care, for a family member of the employee  made  necessary
 by a serious health condition of the family member INCLUDING BEREAVEMENT
 UPON THE DEATH OF SUCH 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; or (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;  OR  (D)  LEAVE
 TAKEN  FOR  THE  PURPOSES  OF  BEREAVEMENT  DUE TO THE DEATH OF A FAMILY
 MEMBER.
   § 2. Paragraph (b) of subdivision 2 of section  205  of  the  workers'
 compensation  law, as added by section 6 of part SS of chapter 54 of the
 laws of 2016, is amended to read as follows:
   (b) For any period of family leave  wherein  the  notice  and  medical
 certification,  OR DEATH CERTIFICATE, as prescribed by the chair has not
 been filed. At the discretion of the chair or chair's designee  pursuant
 to section two hundred twenty-one of this article, the family member who
 is  the  recipient of care may be required to submit to a physical exam-
 ination by a qualified health care provider UNLESS SUCH FAMILY MEMBER IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08404-01-9

 A. 10272                            2
 
 UNABLE TO BE EXAMINED DUE TO DEATH. Such examination shall be  paid  for
 by the carrier; and
   § 3. Subdivision 5 of section 205 of the workers' compensation law, as
 added  by  section  6  of  part SS of chapter 54 of the laws of 2016, is
 amended to read as follows:
   5. In any case in which the necessity for family leave is  foreseeable
 based  on an expected birth or placement, the employee shall provide the
 employer with not less than thirty days notice before the date the leave
 is to begin, of the employee's intention to take family leave under this
 article, except that if the date of  the  birth  or  placement  requires
 leave to begin in less than thirty days, the employee shall provide such
 notice  as is practicable. In any case in which the necessity for family
 leave is foreseeable based on planned medical  treatment,  the  employee
 shall provide the employer with not less than thirty days notice, before
 the date the leave is to begin, of the employees intention to take fami-
 ly  leave  under  this article, except that if the date of the treatment
 requires leave to begin in less than thirty  days,  the  employee  shall
 provide  such notice as is practicable.  IN THE CASE OF FAMILY LEAVE DUE
 TO BEREAVEMENT NOTICE SHALL BE PROVIDED AS SOON AS PRACTICABLE.
   § 4. Subdivision 1 of section 217 of the workers' compensation law, as
 amended by section 16 of part SS of chapter 54 of the laws of  2016,  is
 amended to read as follows:
   1.  Written notice and proof of disability or proof of need for family
 leave 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  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 family leave care recipient's health care provider, 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. IN THE EVENT THAT THE CLAIMANT IS ELIGIBLE FOR FAMILY  LEAVE  DUE
 TO  BEREAVEMENT,  A  DEATH  CERTIFICATE  SHALL SERVE AS PROOF OF NEED OF
 LEAVE. 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 with-
 in the period of actual disability or family leave that does not  exceed
 the statutory maximum period permitted under section two hundred four of
 this  article.  No limitation of time provided in this section shall run
 as against any disabled employee who is mentally incompetent,  or  phys-
 ically  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.

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   §  5. Subdivisions 3 and 4 of section 217 of the workers' compensation
 law, as amended by section 16 of part SS of chapter 54 of  the  laws  of
 2016, are amended to read as follows:
   3.  The  chair  or  chair's  designee, pursuant to section two hundred
 twenty-one of this article, may direct the claimant or family leave care
 recipient to submit to examination by a health care provider  designated
 by  him  or  her  in any case in which the claim to disability or family
 leave 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. IN THE EVENT THAT THE FAMILY MEMBER  OR  THE  FAMILY  LEAVE
 CARE RECIPIENT IS UNABLE TO BE EXAMINED DUE TO DEATH, THIS SECTION SHALL
 NOT APPLY.
   4. Refusal of the claimant or family leave care recipient without good
 cause to submit to any such examination shall disqualify the claimant or
 employee  from  all  benefits  hereunder for the period of such refusal,
 except as to benefits already paid. IN THE EVENT THAT THE FAMILY  MEMBER
 OR  FAMILY  LEAVE  CARE RECIPIENT IS UNABLE TO BE EXAMINED DUE TO DEATH,
 THIS SECTION SHALL NOT APPLY.
   § 6. This act shall take effect immediately and  shall  apply  to  all
 policies  or  contracts issued, renewed, modified, altered or amended on
 or after January 1, 2021.