S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10561
 
                           I N  A S S E M B L Y
 
                               June 3, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Solages,
   Bronson) -- read once and referred to the Committee on Labor
 
 AN ACT to amend the workers' compensation   law   and   the    insurance
   law, in relation to increasing short-term disability benefits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 200 of the workers' compensation law, as amended by
 section 1 of part SS of chapter 54 of the laws of 2016,  is  amended  to
 read as follows:
   §  200.  Short  title. This article shall be known and may be cited as
 the "disability [benefits law] and  [the]  paid  family  leave  benefits
 law."
   § 2. Subdivisions 14, 15 and 22 of section 201 of the workers' compen-
 sation  law,    subdivision  14 as amended and subdivisions 15 and 22 as
 added by section 2 of part SS of chapter 54 of the  laws  of  2016,  are
 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 leave,] and for  which  the  employee
 has not received [his or her] THEIR regular remuneration.
   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; 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 ON OR AFTER JANUARY FIRST,
 TWO THOUSAND TWENTY-FIVE UNTIL JANUARY FIRST, TWO THOUSAND  TWENTY-NINE,
 FOR  THE SIX WEEKS IMMEDIATELY FOLLOWING A STILLBIRTH; 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15841-03-4
              

 A. 10561                            2
 
 notified of an impending call or order to  active  duty)  in  the  armed
 forces of the United States.
   22.  "Health  care  provider"  shall  mean  for the purpose of [family
 leave] THIS ARTICLE, a person licensed under article one  hundred  thir-
 ty-one,  one  hundred  thirty-one-B, one hundred thirty-two, one hundred
 thirty-three, one  hundred  thirty-six,  one  hundred  thirty-nine,  one
 hundred  forty-one, one hundred forty-three, one hundred forty-four, one
 hundred fifty-three, one hundred fifty-four, one  hundred  fifty-six  or
 one  hundred  fifty-nine of the education law or a person licensed under
 the public health law, article one hundred forty of the education law or
 article one hundred sixty-three of the education law.
   § 3. Section 203-a of the  workers'  compensation  law,  as  added  by
 section  4  of  part SS of chapter 54 of the laws of 2016, is amended to
 read as follows:
   § 203-a. Retaliatory action prohibited  for  [family]  leave.  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 AND
 DISABILITY leave.
   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.
   § 4. Section 203-b of the  workers'  compensation  law,  as  added  by
 section  4  of  part SS of chapter 54 of the laws of 2016, is amended to
 read as follows:
   § 203-b. Reinstatement following [family] leave. Any eligible employee
 of a covered employer who takes leave under this article shall be  enti-
 tled,  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 bene-
 fits, pay and other terms and conditions of employment.  The  taking  of
 family  OR  DISABILITY leave shall not result in the loss of any employ-
 ment 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.
   § 5. Section 203-c of the  workers'  compensation  law,  as  added  by
 section  4  of  part SS of chapter 54 of the laws of 2016, is amended to
 read as follows:
   § 203-c.  Health insurance during [family] leave. In  accordance  with
 the  Family  and  Medical Leave Act (29 U.S.C. §§ 2601-2654), during any
 period of family OR DISABILITY leave the  employer  shall  maintain  any
 existing  health  benefits  of the employee in force for the duration of
 such leave as if the employee had continued to work from the date [he or
 she] THEY commenced family OR DISABILITY leave until the date [he or she
 returns] THEY RETURN to employment.
   § 6. Section 204 of the  workers'  compensation  law,  as  amended  by
 section  5  of  part SS of chapter 54 of the laws of 2016, is amended to
 read as follows:
   § 204. Disability and family leave during  employment.  1.  Disability
 benefits  shall  be  payable  to  an eligible employee for disabilities,
 beginning with the eighth 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  limitations  in
 this  section  and  in  sections two hundred five and two hundred six of
 this article. Family leave benefits shall  be  payable  to  an  eligible
 A. 10561                            3
 
 employee for the first full day when family leave is required and there-
 after  during  the  continuance of the need for family leave, subject to
 the limitations as to maximum and minimum amounts and duration and other
 conditions  and  limitations in this section and in sections two hundred
 five and two hundred six of this article. Successive periods of disabil-
 ity or family leave caused by the same or related injury or sickness  OR
 QUALIFYING  EVENT shall shall be deemed a single period of disability or
 family leave only if separated by less than three months.
   2. (a) The weekly benefit for family leave that occurs (i) on or after
 January first, two thousand eighteen shall not exceed eight weeks during
 any fifty-two week calendar period and shall be  fifty  percent  of  the
 employee's average weekly wage but shall not exceed fifty percent of the
 state  average weekly wage, (ii) on or after January first, two thousand
 nineteen shall not exceed ten weeks during any fifty-two  week  calendar
 period  and shall be fifty-five percent of the employee's average weekly
 wage but shall not exceed fifty-five percent of the state average weekly
 wage, (iii) on or after January first, two  thousand  twenty  shall  not
 exceed  ten weeks during any fifty-two week calendar period and shall be
 sixty percent of the employee's average weekly wage but shall not exceed
 sixty percent of the state average weekly wage, and  (iv)  on  or  after
 January  first  of  each  succeeding year, shall not exceed twelve weeks
 during any fifty-two week  calendar  period  and  shall  be  sixty-seven
 percent  of  the  employee's  average  weekly  wage but shall not exceed
 sixty-seven percent of the New York state average weekly wage in effect.
 The superintendent of financial services shall have discretion to  delay
 the  increases  in  the  family leave benefit level provided in subpara-
 graphs (ii), (iii), and (iv) of this paragraph by one or  more  calendar
 years.  In determining whether to delay the increase in the family leave
 benefit for any year, the superintendent  of  financial  services  shall
 consider:  (1) the current cost to employees of the family leave benefit
 and any expected change in the cost after the benefit increase; (2)  the
 current  number  of  insurers  issuing  insurance policies with a family
 leave benefit and any expected change in the number of insurers  issuing
 such  policies after the benefit increase; (3) the impact of the benefit
 increase on employers' business and the overall stability of the program
 to the extent that information is readily available; (4) the  impact  of
 the  benefit  increase  on the financial stability of the disability and
 family leave insurance market  and  carriers;  and  (5)  any  additional
 factors that the superintendent of financial services deems relevant. If
 the  superintendent  of  financial  services  delays the increase in the
 family leave benefit level for one or more calendar  years,  the  family
 leave  benefit  level  that  shall take effect immediately following the
 delay shall be the same benefit level that would have taken  effect  but
 for  the  delay.  The weekly benefits for family leave that occurs on or
 after January first, two thousand eighteen shall not be  less  than  one
 hundred dollars per week except that if the employee's wages at the time
 of family leave are less than one hundred dollars per week, the employee
 shall  receive [his or her] THEIR full wages. Benefits may be payable to
 employees for paid family leave taken intermittently or for less than  a
 full  work week in increments of one full day or one fifth of the weekly
 benefit.
   (b) THE WEEKLY BENEFIT WHICH THE  DISABLED  EMPLOYEE  IS  ENTITLED  TO
 RECEIVE  FOR  THE FIRST TWELVE WEEKS OF DISABILITY COMMENCING: (I) ON OR
 AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SIX SHALL BE FIFTY-FIVE PERCENT
 OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED FIFTY PERCENT
 OF THE STATE AVERAGE WEEKLY WAGE (II) ON OR  AFTER  JANUARY  FIRST,  TWO
 A. 10561                            4
 
 THOUSAND  TWENTY-SEVEN  SHALL BE SIXTY PERCENT OF THE EMPLOYEE'S AVERAGE
 WEEKLY WAGE BUT SHALL NOT EXCEED FIFTY-FIVE PERCENT OF THE STATE AVERAGE
 WEEKLY WAGE; (III) ON OR AFTER JANUARY FIRST, TWO THOUSAND  TWENTY-EIGHT
 SHALL  BE  SIXTY-SEVEN PERCENT OF THE EMPLOYEE'S WEEKLY AVERAGE WAGE BUT
 SHALL NOT EXCEED SIXTY PERCENT OF THE STATE  AVERAGE  WEEKLY  WAGE;  AND
 (IV)  ON OR AFTER JANUARY FIRST OF EACH SUCCEEDING YEAR, SHALL BE SIXTY-
 SEVEN PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED
 SIXTY-SEVEN PERCENT OF THE STATE AVERAGE WEEKLY WAGE.  THE WEEKLY  BENE-
 FIT  WHICH  THE DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR THE PERIODS
 OF DISABILITY AFTER THE TWELFTH WEEK OF DISABILITY AND THROUGH THE TWEN-
 TY-SIXTH WEEK OF DISABILITY ON OR  AFTER  JANUARY  FIRST,  TWO  THOUSAND
 TWENTY-SIX  AND  EACH  SUCCEEDING  YEAR  SHALL  BE THIRTY PERCENT OF THE
 EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED  THIRTY  PERCENT  OF
 THE  STATE  AVERAGE WEEKLY WAGE.  THE CHAIR OF THE WORKERS' COMPENSATION
 BOARD, IN CONSULTATION WITH THE SUPERINTENDENT  OF  FINANCIAL  SERVICES,
 SHALL  HAVE  DISCRETION  TO INCREASE THE BENEFIT LEVEL FOR THE PERIOD OF
 DISABILITY AFTER THE TWELFTH WEEK OF DISABILITY THROUGH THE TWENTY-SIXTH
 WEEK OF DISABILITY, PROVIDED THAT SUCH BENEFIT SHALL NOT  EXCEED  SIXTY-
 SEVEN  PERCENT  OF THE STATE AVERAGE WEEKLY WAGE. IN DETERMINING WHETHER
 TO INCREASE THE DISABILITY BENEFIT FOR ANY YEAR, THE CHAIR OF THE  WORK-
 ERS'  COMPENSATION  BOARD  IN  CONSULTATION  WITH  THE SUPERINTENDENT OF
 FINANCIAL SERVICES SHALL CONSIDER FACTORS INCLUDING BUT NOT  LIMITED  TO
 UTILIZATION  OF  THE  CURRENT  BENEFIT,  THE EXPECTED UTILIZATION OF ANY
 INCREASE, THE NEED FOR A BENEFIT INCREASE, THE CURRENT CONTRIBUTION COST
 TO EMPLOYEES AND EMPLOYERS AND THE EXPECTED COST AFTER ANY SUCH  BENEFIT
 INCREASE;  THE  CURRENT  NUMBER OF INSURERS  ISSUING INSURANCE  POLICIES
 WITH  A  DISABILITY  BENEFIT  AND ANY EXPECTED CHANGE IN THE  NUMBER  OF
 INSURERS  ISSUING   SUCH   POLICIES  AFTER THE BENEFIT INCREASE; AND ANY
 ADDITIONAL FACTORS THAT THE CHAIR OF THE WORKERS' COMPENSATION BOARD AND
 THE SUPERINTENDENT OF FINANCIAL SERVICES DEEMS  RELEVANT.    THE  WEEKLY
 BENEFIT WHICH THE DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR DISABILI-
 TY  LEAVE THAT OCCURS ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SIX
 SHALL NOT BE LESS THAN ONE HUNDRED DOLLARS PER WEEK EXCEPT THAT  IF  THE
 EMPLOYEE'S  WAGES  AT  THE  TIME  OF  DISABILITY LEAVE ARE LESS THAN ONE
 HUNDRED DOLLARS PER WEEK, THE EMPLOYEE SHALL RECEIVE THEIR  FULL  WAGES.
 The  weekly  benefit  which the disabled employee is entitled to receive
 for disability commencing on or after May first, nineteen hundred eight-
 y-nine AND PRIOR TO JANUARY FIRST,  TWO  THOUSAND  TWENTY-SIX  shall  be
 one-half  of the employee's weekly wage, but in no case shall such bene-
 fit exceed one hundred seventy dollars; except that  if  the  employee's
 average  weekly  wage  is less than twenty dollars, the benefit shall be
 such average weekly wage. The weekly benefit which the disabled employee
 is entitled to receive for disability commencing on or after July first,
 nineteen hundred eighty-four shall be one-half of the employee's  weekly
 wage,  but  in  no case shall such benefit exceed one hundred forty-five
 dollars; except that if the employee's average weekly wage is less  than
 twenty dollars, the benefit shall be such average weekly wage. The week-
 ly  benefit which the disabled employee is entitled to receive for disa-
 bility commencing on or after July first, nineteen hundred  eighty-three
 and  prior to July first, nineteen hundred eighty-four shall be one-half
 of the employee's average weekly wage, but in no case shall such benefit
 exceed one hundred thirty-five dollars nor be less than twenty  dollars;
 except  that  if  the employee's average weekly wage is less than twenty
 dollars the benefit shall be such average weekly wage. The weekly  bene-
 fit  which  the  disabled employee is entitled to receive for disability
 commencing on or after July first, nineteen  hundred  seventy-four,  and
 A. 10561                            5
 
 prior to July first, nineteen hundred eighty-three, shall be one-half of
 the  employee's  average  weekly wage, but in no case shall such benefit
 exceed ninety-five dollars nor be less than twenty dollars; except  that
 if  the  employee's average weekly wage is less than twenty dollars, the
 benefit shall be such average weekly wage. The weekly benefit which  the
 disabled employee is entitled to receive for disability commencing on or
 after  July  first,  nineteen  hundred  seventy and prior to July first,
 nineteen hundred seventy-four shall be one-half of the employee's  aver-
 age  weekly  wage, but in no case shall such benefit exceed seventy-five
 dollars nor be less than twenty dollars; except that if  the  employee's
 average  weekly  wage  is  less than twenty dollars the benefit shall be
 such average weekly wage.  [For any period of  disability  less  than  a
 full  week,  the  benefits  payable  shall be calculated by dividing the
 weekly benefit by the number of the employee's normal work days per week
 and multiplying the quotient by the number of normal work days  in  such
 period of disability.] BENEFITS MAY BE PAYABLE TO EMPLOYEES FOR DISABIL-
 ITY  LEAVE  TAKEN  INTERMITTENTLY  OR  FOR LESS THAN A FULL WORK WEEK IN
 INCREMENTS OF ONE FULL DAY OR ONE-FIFTH OF THE WEEKLY BENEFIT. The week-
 ly benefit for a disabled employee  who  is  concurrently  eligible  for
 benefits  in  the  employment  of  more than one covered employer shall,
 within the maximum and minimum herein provided, be one-half of the total
 of the employee's average weekly wages received from  all  such  covered
 employers,  and shall be allocated in the proportion of their respective
 average weekly wage payments.
   (C) PROVIDED THAT THE PROVISIONS OF PARAGRAPH (B) OF THIS  SUBDIVISION
 CONCERNING  BENEFITS  ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SIX
 AND SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF SUBDIVISION THREE  OF
 SECTION  TWO  HUNDRED  NINE  OF  THIS ARTICLE MAY BE WAIVED BY A COVERED
 EMPLOYER SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT WITH A  BONA  FIDE
 LABOR  ORGANIZATION  IN EFFECT ON JANUARY FIRST, TWO THOUSAND TWENTY-SIX
 FOR EMPLOYEES SUBJECT TO SUCH  COLLECTIVE  BARGAINING  AGREEMENT  FOR  A
 DISABILITY COMMENCING BETWEEN JANUARY FIRST, TWO THOUSAND TWENTY-SIX AND
 UNTIL  JANUARY  FIRST,  TWO  THOUSAND TWENTY-NINE; AND PROVIDED THAT FOR
 SUCH WAIVER TO BE VALID, IT SHALL EXPLICITLY REFERENCE THIS SECTION  AND
 BE  AGREED  TO BY THE BONA FIDE LABOR ORGANIZATION. NOTHING HEREIN SHALL
 PREVENT A COLLECTIVE BARGAINING AGREEMENT FROM PROVIDING TEMPORARY DISA-
 BILITY BENEFITS GREATER THAN THE BENEFITS REQUIRED HEREIN.
   § 7. Subdivision 2 of section 206 of the workers' compensation law, as
 amended by section 7 of part SS of chapter 54 of the laws  of  2016,  is
 amended to read as follows:
   2.  If  an  employee  who  is  eligible  for disability benefits under
 section two hundred three or two hundred seven of this article is  disa-
 bled  and has claimed or subsequently claims workers' compensation bene-
 fits under this chapter or benefits under  the  volunteer  firefighters'
 benefit  law  or  the volunteer ambulance workers' benefit law, and such
 claim is controverted on the ground that the employee's  disability  was
 not  caused  by an accident that arose out of and in the course of [his]
 THEIR employment or by an occupational disease, or by an injury in  line
 of  duty  as  a volunteer firefighter or volunteer ambulance worker, the
 employee shall be entitled in the first  instance  to  receive  benefits
 under  this  article for [his or her] THEIR disability. If benefits have
 been paid under this article in respect to a disability alleged to  have
 arisen  out  of  and  in the course of the employment or by reason of an
 occupational disease, or in line of duty as a volunteer firefighter or a
 volunteer ambulance worker, the employer or carrier or the chair  making
 such  payment  may,  at  any  time before award of workers' compensation
 A. 10561                            6
 
 benefits, or volunteer firefighters'  benefits  or  volunteer  ambulance
 workers'  benefits,  is made, file with the board a claim for reimburse-
 ment out of the proceeds of such award to the employee  for  the  period
 for which disability benefits were paid to the employee under this arti-
 cle,  and  shall  have  a lien against the FULL award for reimbursement,
 notwithstanding the provisions of section thirty-three of  this  chapter
 or  section  twenty-three  of the volunteer firefighters' benefit law or
 section twenty-three of the volunteer  ambulance  workers'  benefit  law
 provided the insurance carrier liable for payment of the award receives,
 before  such  award  is made, a copy of the claim for reimbursement from
 the employer, carrier or chair who paid disability benefits, or provided
 the board's decision and award directs such reimbursement therefrom.
   § 8. Paragraph (a) of subdivision 3 of section  209  of  the  workers'
 compensation  law,  as amended by section 10 of part SS of chapter 54 of
 the laws of 2016, is amended to read as follows:
   (a) Disability benefits. (I) 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 or her on and
 after  July  first,  nineteen  hundred fifty, but not in excess of sixty
 cents per week.
   (II) BEGINNING JANUARY FIRST, TWO  THOUSAND  TWENTY-SIX,  THE  MAXIMUM
 EMPLOYEE  CONTRIBUTION  THAT A COVERED EMPLOYER IS AUTHORIZED TO COLLECT
 FROM EACH EMPLOYEE FOR THE COST OF DISABILITY BENEFITS PROVIDED BY  THIS
 ARTICLE  SHALL BE ONE-HALF OF ONE PER CENTUM OF THE EMPLOYEE'S WAGES BUT
 SHALL NOT EXCEED TWO DOLLARS AND TWENTY CENTS PER WEEK PROVIDED,  HOWEV-
 ER, THAT THE EMPLOYEE CONTRIBUTION SHALL BE PURSUANT TO SUBPARAGRAPH (I)
 OF  THIS PARAGRAPH WHERE SUCH EMPLOYEE IS COVERED UNDER PARAGRAPH (C) OF
 SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THIS ARTICLE.
   (III) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-NINE,  THE  MAXIMUM
 EMPLOYEE  CONTRIBUTION  THAT A COVERED EMPLOYER IS AUTHORIZED TO COLLECT
 FROM EACH EMPLOYEE FOR THE COST OF DISABILITY BENEFITS PROVIDED BY  THIS
 ARTICLE SHALL BE ONE-HALF OF ONE PER CENTUM OF THE EMPLOYEE'S WAGES, BUT
 SHALL  NOT EXCEED FORTY PERCENT OF THE AVERAGE OF THE COMBINATION OF ALL
 EMPLOYEE AND EMPLOYER  CONTRIBUTIONS  TO  DISABILITY  BENEFITS  PROVIDED
 PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR
 OF  THIS  ARTICLE DURING THE PRIOR CALENDAR YEAR, AS DETERMINED ANNUALLY
 BY THE SUPERINTENDENT OF FINANCIAL SERVICES PURSUANT TO  SUBSECTION  (N)
 OF  SECTION  FOUR THOUSAND TWO HUNDRED THIRTY-FIVE OF THE INSURANCE LAW.
 A SELF-INSURER SHALL SUBMIT REPORTS TO THE SUPERINTENDENT  OF  FINANCIAL
 SERVICES  FOR THE PURPOSE OF DETERMINING FORTY PERCENT OF THE AVERAGE OF
 THE COMBINATION OF ALL EMPLOYEE AND EMPLOYER CONTRIBUTIONS TO DISABILITY
 BENEFITS PROVIDED PURSUANT  TO  PARAGRAPH  (B)  OF  SUBDIVISION  TWO  OF
 SECTION TWO HUNDRED FOUR OF THIS ARTICLE DURING THE PRIOR CALENDAR YEAR,
 PURSUANT  TO SUBSECTION (N) OF SECTION FOUR THOUSAND TWO HUNDRED THIRTY-
 FIVE OF THE INSURANCE LAW.
   § 9. The opening paragraph of section 211 of the workers' compensation
 law, as amended by section 12 of part SS of chapter 54 of  the  laws  of
 2016, is amended to read as follows:
   A  covered employer, UNLESS PROVIDED WITH A WAIVER PURSUANT TO SECTION
 204(2)(C), shall, with [his or her] SUCH  EMPLOYER'S  own  contributions
 and  the contributions of [his] SUCH EMPLOYER'S employees, provide disa-
 bility and after January first,  two  thousand  eighteen,  family  leave
 benefits to [his or her] SUCH EMPLOYER'S employees in one or more of the
 following ways:
 A. 10561                            7
 
   §  10.  The  opening paragraph and subdivision 1 of section 214 of the
 workers' compensation law, as amended by section 26 of part GG of  chap-
 ter 57 of the laws of 2013, are amended to read as follows:
   There  is  hereby  created  a fund which shall be known as the special
 fund for disability benefits to provide for the payment of  [disability]
 benefits  under  sections  two  hundred  seven, two hundred thirteen and
 attendance fees under section two hundred thirty-two of this article.
   1. As promptly as practicable after April first,  in  each  year,  the
 chairman  shall  ascertain  the  condition of the fund, and if as of any
 such date the net assets of the fund shall be  one  million  dollars  or
 more  below the sum of twelve million dollars, the chairman shall assess
 and collect an amount sufficient to restore the fund to an amount  equal
 to  twelve  million dollars.[.] Such assessment shall be included in the
 assessment rate established pursuant to subdivision two of  section  one
 hundred  fifty-one  of this chapter. Such assessments shall be deposited
 with the commissioner of taxation and finance  and  transferred  to  the
 benefit  of  such fund upon payment of debt service, if any, pursuant to
 section one hundred fifty-one of this chapter.
   § 11. 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,]  HEALTH  CARE
 PROVIDER  containing facts and opinions as to such disability in compli-
 ance with regulations of the chair. 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 the period of actual disability or fami-
 ly 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  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.
   § 12. Section 218 of the workers' compensation law, as added by  chap-
 ter  600 of the laws of 1949, subdivision 2 as amended by chapter 809 of
 the laws of 1985, is amended to read as follows:
 A. 10561                            8
 
   § 218. [Disability benefit] BENEFIT rights inalienable. 1. Any  agree-
 ment by an employee to waive [his] THEIR rights under this article shall
 be void.
   2.  Disability  OR  FAMILY  LEAVE  benefits payable under this article
 shall not be assigned or released, except as provided in  this  article,
 and  shall  be  exempt  from  all  claims  of  creditors  and from levy,
 execution and attachment or other remedy for recovery or collection of a
 debt, which exemption may not be waived  provided,  however,  that  such
 benefits  shall  be  subject to an income execution or order for support
 enforcement pursuant to section fifty-two hundred forty-one or fifty-two
 hundred forty-two of the civil practice law and rules.
   § 13. Section 221 of the workers'  compensation  law,  as  amended  by
 section  19  of part SS of chapter 54 of the laws of 2016, is amended to
 read as follows:
   § 221. Determination of contested claims  for  disability  and  family
 leave  benefits.  In  accordance  with regulations adopted by the chair,
 within twenty-six weeks of written notice of  rejection  of  claim,  the
 employee  may file with the chair a notice that [his or her] THEIR claim
 for disability or family leave benefits  has  not  been  paid,  and  the
 employee shall submit proof of disability or entitlement to family leave
 and  of  [his or her] THEIR 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 if
 it can be shown not to have been reasonably  possible  to  furnish  such
 notice and that such notice was furnished as soon as possible. On demand
 the  employer  or  carrier  shall  forthwith  deliver  to  the board the
 original or a true copy of the health care provider's report,  wage  and
 employment  data  and  all  other documentation in the possession of the
 employer or carrier with respect to such claim.
   The chair or designee, shall have full power and authority  to  deter-
 mine  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. Upon such filing, the chairman 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 shall be complied with in accordance with its terms
 within ten days thereafter except as permitted by law upon the filing of
 a request for review, 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. The chair shall adopt rules and regulations to carry out the
 provisions of this article including but not limited  to  resolution  of
 contested  claims  and requests for review thereof, and payment of costs
 for resolution of disputed claims by carriers.  Any  designated  process
 shall  afford  the parties the opportunity to present evidence and to be
 represented by counsel in any such proceeding. The chair shall have  the
 authority  to  provide for alternative dispute resolution procedures for
 claims arising under DISABILITY AND  family  leave,  including  but  not
 limited to referral and submission of disputed claims to a neutral arbi-
 trator  under  the auspices of an alternative dispute resolution associ-
 ation pursuant to article seventy-five of the  civil  practice  law  and
 rules.  Neutral  arbitrator shall mean an arbitrator who does not have a
 material interest in the outcome of the  arbitration  proceeding  or  an
 existing  and  substantial  relationship,  including  but not limited to
 A. 10561                            9
 
 pecuniary interests, with a party, counsel or representative of a party.
 Any determination made by alternative dispute resolution  shall  not  be
 reviewable by the board and the venue for any appeal shall be to a court
 of competent jurisdiction.
   §  14.  Section  228  of  the  workers'  compensation law, as added by
 section 27 of part GG of chapter 57 of the laws of 2013, is  amended  to
 read as follows:
   §  228.  Administrative  expenses.  1.  The  estimated annual expenses
 necessary  for  the  workers'  compensation  board  to  administer   the
 provisions of the disability AND PAID FAMILY LEAVE benefits law shall be
 borne  by  all affected employers and included as part of the assessment
 rate generated pursuant  to  subdivision  two  of  section  one  hundred
 fifty-one of this chapter.
   2.  Annually, as soon as practicable after the first day of April, the
 chair and department of audit and  control  shall  ascertain  the  total
 amount of actual expenses.
   §  15.  Subsection (n) of section 4235 of the insurance law is amended
 by adding a new paragraph 4 to read as follows:
   (4)(A) THE SUPERINTENDENT SHALL ESTABLISH BY SEPTEMBER FIRST  OF  EACH
 YEAR  THE  MAXIMUM  EMPLOYEE  CONTRIBUTION  THAT  A COVERED EMPLOYER, AS
 DEFINED IN SECTION TWO HUNDRED TWO OF THE WORKERS' COMPENSATION LAW,  IS
 AUTHORIZED  TO  COLLECT  FROM  EACH  EMPLOYEE FOR THE COST OF DISABILITY
 BENEFITS PROVIDED PURSUANT TO ARTICLE NINE OF THE WORKERS'  COMPENSATION
 LAW  THROUGH  A  GROUP ACCIDENT AND HEALTH INSURANCE POLICY OR THROUGH A
 SELF-FUNDED EMPLOYER FOR ITS EMPLOYEES.   BEGINNING JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-SIX,  THE MAXIMUM EMPLOYEE CONTRIBUTION AMOUNT SHALL BE
 TWO DOLLARS AND TWENTY CENTS PER WEEK, AND BEGINNING JANUARY FIRST,  TWO
 THOUSAND  TWENTY-NINE,  THE  MAXIMUM EMPLOYEE CONTRIBUTION SHALL BE ONE-
 HALF OF ONE PERCENT OF THE EMPLOYEE'S WAGES BUT SHALL NOT  EXCEED  FORTY
 PERCENT  OF  THE AVERAGE OF THE COMBINATION OF ALL EMPLOYEE AND EMPLOYER
 CONTRIBUTIONS TO DISABILITY BENEFITS PROVIDED PURSUANT TO PARAGRAPH  (B)
 OF  SUBDIVISION  TWO OF SECTION TWO HUNDRED FOUR OF THE WORKERS' COMPEN-
 SATION LAW DURING THE PRIOR  CALENDAR  YEAR,  WHICH  THE  SUPERINTENDENT
 SHALL DETERMINE AND PUBLISH ON THE DEPARTMENT'S WEBSITE.
   (B)  A SELF-FUNDED EMPLOYER SHALL SUBMIT REPORTS TO THE SUPERINTENDENT
 FOR THE PURPOSE OF DETERMINING FORTY  PERCENT  OF  THE  AVERAGE  OF  THE
 COMBINATION  OF  ALL  EMPLOYEE  AND EMPLOYER CONTRIBUTIONS TO DISABILITY
 BENEFITS PROVIDED PURSUANT  TO  PARAGRAPH  (B)  OF  SUBDIVISION  TWO  OF
 SECTION TWO HUNDRED FOUR OF THE WORKERS' COMPENSATION LAW.  A SELF-FUND-
 ED  EMPLOYER  SHALL SUBMIT A REPORT TO THE SUPERINTENDENT BY JULY FIRST,
 TWO THOUSAND TWENTY-FIVE THAT SETS FORTH EMPLOYEE AND EMPLOYER  CONTRIB-
 UTIONS  TO  DISABILITY  BENEFITS  PROVIDED  PURSUANT TO PARAGRAPH (B) OF
 SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THE WORKERS' COMPENSATION
 LAW FOR THE YEAR-ENDING TWO THOUSAND TWENTY-FOUR, IN A FORMAT DETERMINED
 BY THE SUPERINTENDENT.  BEGINNING APRIL FIRST, TWO THOUSAND  TWENTY-SIX,
 AND ANNUALLY THEREAFTER, A SELF-FUNDED EMPLOYER SHALL SUBMIT A REPORT TO
 THE  SUPERINTENDENT  THAT SETS FORTH EMPLOYEE AND EMPLOYER CONTRIBUTIONS
 TO DISABILITY BENEFITS PROVIDED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
 TWO OF SECTION TWO HUNDRED FOUR OF THE WORKERS' COMPENSATION LAW FOR THE
 PRIOR CALENDAR YEAR, IN A FORMAT DETERMINED BY THE SUPERINTENDENT.
   § 16. Section 2605 of the insurance law is amended to read as follows:
   § 2605. Penalty for violating workers' compensation  law.  The  super-
 intendent may impose a penalty not to exceed twenty-five hundred dollars
 PER  VIOLATION  upon  any  insurer  required  to  be  licensed under the
 provisions of this chapter, if, after notice to and a  hearing  of  such
 A. 10561                           10
 
 insurer,  [he]  THE  SUPERINTENDENT  finds it has unreasonably failed to
 comply with the workers' compensation law.
   §  17.  This  act shall take effect immediately and shall apply to all
 policies issued, renewed, modified, altered,  or  amended  on  or  after
 January 1, 2026.