S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7762
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 7, 2023
                                ___________
 
 Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
   tee on Labor
 
 AN  ACT to amend the workers' compensation law, in relation to providing
   disability benefits for pregnancy loss
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.   Paragraph B of subdivision 9 of section 201 of the work-
 ers' compensation law, as amended by chapter 352 of the laws of 1981, is
 amended to read as follows:
   B. "Disability" also includes disability caused by  or  in  connection
 with a pregnancy, INCLUDING, BUT NOT LIMITED TO, PREGNANCY LOSS.
   §  2.  Paragraph  (b)  of subdivision 2 of 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:
   (b)  The  weekly  benefit  which  the disabled employee is entitled to
 receive for disability  commencing  on  or  after  May  first,  nineteen
 hundred eighty-nine shall be one-half of the employee's weekly wage, but
 in no case shall such benefit 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;  PROVIDED,  HOWEVER,  THE
 WEEKLY  BENEFIT  WHICH  THE DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR
 DISABILITY RELATED TO PREGNANCY LOSS 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 IN EFFECT. 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 weekly benefit which the disabled employee is  entitled
 to  receive  for  disability commencing on or after July first, nineteen
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11764-01-3
              

 A. 7762                             2
 
 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 week-
 ly wage. The weekly benefit which the disabled employee is  entitled  to
 receive  for  disability  commencing  on  or  after July first, nineteen
 hundred seventy-four, and 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  average 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. The weekly
 benefit for a disabled employee who is concurrently eligible  for  bene-
 fits  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  employ-
 ers,  and shall be allocated in the proportion of their respective aver-
 age weekly wage payments.
   § 3. This act shall take effect on the first of January following  the
 first  of  September  next  succeeding  the  date on which it shall have
 become a law and shall  apply  to  all  policies  or  contracts  issued,
 renewed, modified, altered or amended on or after such date.