S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8201
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 27, 2023
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  providing
   requirements  for  sick  leave  and  the provision of certain employee
   benefits when such employee is subject to a mandatory or precautionary
   order of medically-necessary quarantine or isolation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  workers' compensation law is amended by adding a new
 section 203-d to read as follows:
   § 203-D. PAID  FAMILY  LEAVE  FOR  MEDICALLY-NECESSARY  QUARANTINE  OR
 ISOLATION.  1.  (A) FOR ALL EMPLOYERS, EACH EMPLOYEE WHO IS SUBJECT TO A
 MANDATORY OR PRECAUTIONARY ORDER OF  MEDICALLY-NECESSARY  QUARANTINE  OR
 ISOLATION  ISSUED  BY THE DEPARTMENT OF HEALTH SHALL BE PROVIDED WITH AT
 LEAST FIVE DAYS OF PAID SICK LEAVE AND UNPAID  LEAVE  UNTIL  THE  TERMI-
 NATION  OF  ANY  MANDATORY OR PRECAUTIONARY ORDER OF MEDICALLY-NECESSARY
 QUARANTINE OR ISOLATION. AFTER SUCH FIVE DAYS OF  PAID  SICK  LEAVE,  AN
 EMPLOYEE  SHALL  BE ELIGIBLE FOR PAID FAMILY LEAVE BENEFITS AND BENEFITS
 DUE TO DISABILITY PURSUANT TO THIS SECTION.
   (B) EACH EMPLOYEE SHALL BE COMPENSATED AT HIS OR HER REGULAR  RATE  OF
 PAY  FOR  THOSE  REGULAR WORK HOURS DURING WHICH SUCH EMPLOYEE IS ABSENT
 FROM WORK DUE TO A MANDATORY OR PRECAUTIONARY ORDER OF  MEDICALLY-NECES-
 SARY QUARANTINE OR ISOLATION.
   (C) SUCH LEAVE SHALL BE PROVIDED WITHOUT LOSS OF AN EMPLOYEE'S ACCRUED
 SICK LEAVE.
   2.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "DISABILITY" SHALL MEAN: (I)  ANY  INABILITY  OF  AN  EMPLOYEE  TO
 PERFORM THE REGULAR DUTIES OF HIS OR HER EMPLOYMENT OR THE DUTIES OF ANY
 OTHER  EMPLOYMENT  WHICH  HIS  OR HER EMPLOYER MAY OFFER HIM OR HER AS A
 RESULT OF A MANDATORY  OR  PRECAUTIONARY  ORDER  OF  MEDICALLY-NECESSARY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13317-01-3
              

 A. 8201                             2
 
 QUARANTINE  OR  ISOLATION  ISSUED  BY THE DEPARTMENT OF HEALTH; AND (II)
 WHEN THE EMPLOYEE HAS EXHAUSTED ALL PAID  SICK  LEAVE  PROVIDED  BY  THE
 EMPLOYEE'S EMPLOYER UNDER THIS SECTION.
   (B) "FAMILY LEAVE" SHALL MEAN: (I) ANY LEAVE TAKEN BY AN EMPLOYEE FROM
 WORK  WHEN  AN EMPLOYEE IS SUBJECT TO A MANDATORY OR PRECAUTIONARY ORDER
 OF MEDICALLY-NECESSARY QUARANTINE OR ISOLATION ISSUED BY THE  DEPARTMENT
 OF  HEALTH;  OR  (II) TO PROVIDE CARE FOR A MINOR DEPENDENT CHILD OF THE
 EMPLOYEE WHO IS SUBJECT TO A MANDATORY OR PRECAUTIONARY ORDER  OF  MEDI-
 CALLY-NECESSARY  QUARANTINE  OR  ISOLATION  ISSUED  BY THE DEPARTMENT OF
 HEALTH.
   (C) "MANDATORY OR PRECAUTIONARY ORDER OF  MEDICALLY-NECESSARY  QUARAN-
 TINE  OR  ISOLATION"  SHALL  MEAN  A MANDATORY OR PRECAUTIONARY ORDER OF
 QUARANTINE OR ISOLATION ISSUED BY THE DEPARTMENT OF  HEALTH  DUE  TO  AN
 OUTBREAK OF CONTAGIOUS DISEASE.
   (D)  "RISK  ADJUSTMENT  POOL" SHALL MEAN THE PROCESS USED TO STABILIZE
 MEMBER CLAIMS PURSUANT TO THIS SECTION IN ORDER TO PROTECT INSURERS FROM
 DISPROPORTIONATE ADVERSE RISKS.
   3. UPON RETURN TO WORK FOLLOWING LEAVE TAKEN PURSUANT TO THIS SECTION,
 AN EMPLOYEE SHALL BE RESTORED BY HIS OR HER EMPLOYER TO THE POSITION  OF
 EMPLOYMENT  HELD  BY  THE  EMPLOYEE PRIOR TO ANY LEAVE TAKEN PURSUANT TO
 THIS SECTION WITH THE SAME PAY AND OTHER TERMS AND CONDITIONS OF EMPLOY-
 MENT.  NO EMPLOYER OR HIS OR HER AGENT, OR THE OFFICER OR AGENT  OF  ANY
 CORPORATION,  PARTNERSHIP,  OR  LIMITED  LIABILITY COMPANY, OR ANY OTHER
 PERSON, SHALL DISCHARGE, THREATEN, PENALIZE,  OR  IN  ANY  OTHER  MANNER
 DISCRIMINATE OR RETALIATE AGAINST ANY EMPLOYEE BECAUSE SUCH EMPLOYEE HAS
 TAKEN LEAVE PURSUANT TO THIS SECTION.
   4. THE COMMISSIONER OF THE DEPARTMENT OF LABOR SHALL HAVE AUTHORITY TO
 ADOPT  REGULATIONS,  INCLUDING EMERGENCY REGULATIONS, AND ISSUE GUIDANCE
 TO EFFECTUATE ANY OF THE PROVISIONS OF  THIS  SECTION.  EMPLOYERS  SHALL
 COMPLY  WITH  REGULATIONS PROMULGATED BY THE COMMISSIONER OF THE DEPART-
 MENT OF LABOR FOR THIS PURPOSE, WHICH MAY INCLUDE, BUT  IS  NOT  LIMITED
 TO,  STANDARDS  FOR  THE  USE, PAYMENT, AND EMPLOYEE ELIGIBILITY OF SICK
 LEAVE PURSUANT TO THIS SECTION.
   5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  AND  FOR  PURPOSES  OF
 THIS SECTION:
   (A)  DISABILITY AND FAMILY LEAVE BENEFITS PURSUANT TO THIS SECTION MAY
 BE PAYABLE CONCURRENTLY TO AN ELIGIBLE EMPLOYEE UPON THE FIRST FULL  DAY
 OF AN UNPAID PERIOD OF MANDATORY OR PRECAUTIONARY ORDER OF MEDICALLY-NE-
 CESSARY QUARANTINE OR ISOLATION ISSUED BY THE DEPARTMENT OF HEALTH.
   (B)  THE  MAXIMUM  WEEKLY  BENEFIT  WHICH  THE EMPLOYEE IS ENTITLED TO
 RECEIVE FOR BENEFITS DUE TO DISABILITY PURSUANT  TO  THIS  SECTION  ONLY
 SHALL  BE THE DIFFERENCE BETWEEN THE MAXIMUM WEEKLY FAMILY LEAVE BENEFIT
 AND SUCH EMPLOYEE'S TOTAL AVERAGE WEEKLY WAGE FROM EACH COVERED  EMPLOY-
 ER.
   6. NOTWITHSTANDING SUBDIVISION ONE OF SECTION TWO HUNDRED FOUR OF THIS
 ARTICLE,  DISABILITY  BENEFITS PAYABLE PURSUANT TO THIS SECTION SHALL BE
 PAYABLE ON THE FIRST DAY OF DISABILITY.
   7. A MANDATORY OR  PRECAUTIONARY  ORDER  OF  QUARANTINE  OR  ISOLATION
 ISSUED BY THE DEPARTMENT OF HEALTH SHALL BE SUFFICIENT PROOF OF DISABIL-
 ITY OR PROOF OF NEED FOR FAMILY LEAVE TAKEN PURSUANT TO THIS SECTION.
   8.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY IN CASES WHERE AN
 EMPLOYEE IS DEEMED ASYMPTOMATIC OR HAS NOT YET BEEN DIAGNOSED  WITH  ANY
 MEDICAL CONDITION AND IS PHYSICALLY ABLE TO WORK WHILE UNDER A MANDATORY
 OR  PRECAUTIONARY  ORDER OF MEDICALLY-NECESSARY QUARANTINE OR ISOLATION,
 WHETHER THROUGH REMOTE ACCESS OR OTHER SIMILAR MEANS.
 A. 8201                             3
 
   9. NOTHING IN THIS SECTION SHALL BE DEEMED TO IMPEDE, INFRINGE, DIMIN-
 ISH OR IMPAIR THE RIGHTS OF A PUBLIC EMPLOYEE OR EMPLOYER UNDER ANY LAW,
 RULE, REGULATION OR COLLECTIVELY NEGOTIATED AGREEMENT, OR THE RIGHTS AND
 BENEFITS WHICH ACCRUE TO EMPLOYEES THROUGH COLLECTIVE BARGAINING  AGREE-
 MENTS,  OR  OTHERWISE  DIMINISH THE INTEGRITY OF THE EXISTING COLLECTIVE
 BARGAINING RELATIONSHIP, OR  TO  PROHIBIT  ANY  PERSONNEL  ACTION  WHICH
 OTHERWISE  WOULD  HAVE  BEEN  TAKEN REGARDLESS OF ANY REQUEST TO USE, OR
 UTILIZATION OF, ANY LEAVE PROVIDED BY THIS SECTION.
   10. (A) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, WITHIN  ONE
 HUNDRED  EIGHTY  DAYS  OF THE EFFECTIVE DATE OF THIS SECTION, THE SUPER-
 INTENDENT OF FINANCIAL SERVICES, IN CONSULTATION WITH THE  DIRECTOR  AND
 THE CHAIRMAN, SHALL PROMULGATE REGULATIONS NECESSARY FOR THE IMPLEMENTA-
 TION OF A RISK ADJUSTMENT POOL TO BE ADMINISTERED DIRECTLY BY THE SUPER-
 INTENDENT  OF  FINANCIAL SERVICES, IN CONSULTATION WITH THE DIRECTOR AND
 THE CHAIRMAN.
   (B) DISPROPORTIONATE LOSSES OF ANY MEMBERS OF THE RISK ADJUSTMENT POOL
 IN EXCESS OF THRESHOLD  LIMITS  ESTABLISHED  BY  THE  SUPERINTENDENT  OF
 FINANCIAL  SERVICES  MAY BE SUPPORTED, IF REQUIRED BY THE SUPERINTENDENT
 OF FINANCIAL SERVICES, BY OTHER MEMBERS OF SUCH POOL INCLUDING THE STATE
 INSURANCE FUND IN A PROPORTION TO BE DETERMINED BY THE SUPERINTENDENT OF
 FINANCIAL SERVICES. ANY SUCH SUPPORT PROVIDED BY  MEMBERS  OF  THE  POOL
 SHALL  BE  FULLY  REPAID, INCLUDING REASONABLE INTEREST, THROUGH A MECH-
 ANISM AND PERIOD OF TIME TO  BE  DETERMINED  BY  THE  SUPERINTENDENT  OF
 FINANCIAL SERVICES.
   11. (A) THE SUPERINTENDENT OF FINANCIAL SERVICES, IN CONSULTATION WITH
 THE  DIRECTOR  AND  THE  CHAIRMAN, SHALL ISSUE TWO REPORTS ASSESSING THE
 RISK ADJUSTMENT POOL REQUIRED BY SUBDIVISION TEN OF THIS SECTION.
   (B) WITHIN TWO YEARS AFTER THE EFFECTIVE  DATE  OF  THIS  SECTION,  AN
 INITIAL  REPORT  SHALL  BE  PROVIDED TO THE SPEAKER OF THE ASSEMBLY, THE
 CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE  AND  THE  CHAIR  OF  THE
 ASSEMBLY  LABOR  COMMITTEE,  THE  TEMPORARY PRESIDENT OF THE SENATE, THE
 CHAIR OF THE SENATE FINANCE COMMITTEE, AND THE CHAIR OF THE SENATE LABOR
 COMMITTEE. SUCH REPORT SHALL INCLUDE: THE TOTAL NUMBER OF  CLAIMS  FILED
 PURSUANT  TO  THIS SECTION FOR (I) FAMILY LEAVE BENEFITS, AND (II) BENE-
 FITS DUE TO DISABILITY, AS A RESULT  OF  A  MANDATORY  OR  PRECAUTIONARY
 ORDER  OF  MEDICALLY-NECESSARY  QUARANTINE  OR  ISOLATION; THE AGGREGATE
 AMOUNT OF PAID FAMILY LEAVE CLAIMS  AND  DISABILITY  CLAIMS;  THE  TOTAL
 AMOUNT  OF  THE  CLAIMS  PAID FOR OUT OF THE RISK ADJUSTMENT POOL IMPLE-
 MENTED PURSUANT TO SUBDIVISION TEN OF THIS SECTION; THE THRESHOLD LIMITS
 ESTABLISHED BY THE DEPARTMENT  OF  FINANCIAL  SERVICES;  AND  ANY  OTHER
 INFORMATION  THE SUPERINTENDENT OF FINANCIAL SERVICES DEEMS NECESSARY TO
 PROVIDE TO THE LEGISLATURE.
   (C) WITHIN FIVE YEARS AFTER THE EFFECTIVE  DATE  OF  THIS  SECTION,  A
 FINAL REPORT SHALL BE PROVIDED TO THE SPEAKER OF THE ASSEMBLY, THE CHAIR
 OF  THE  ASSEMBLY WAYS AND MEANS COMMITTEE AND THE CHAIR OF THE ASSEMBLY
 LABOR COMMITTEE, THE TEMPORARY PRESIDENT OF THE SENATE, THE CHAIR OF THE
 SENATE FINANCE COMMITTEE, AND THE CHAIR OF THE SENATE  LABOR  COMMITTEE.
 SUCH  REPORT  SHALL  INCLUDE:  THE  BALANCE  OF THE RISK ADJUSTMENT POOL
 IMPLEMENTED PURSUANT TO SUBDIVISION TEN OF THIS  SECTION,  IF  ANY;  THE
 TOTAL  AMOUNT  COLLECTED  THROUGH THE REPAYMENT MECHANISM ESTABLISHED BY
 THE DEPARTMENT OF FINANCIAL SERVICES, INCLUDING INTEREST; AND ANY  OTHER
 INFORMATION  THE SUPERINTENDENT OF FINANCIAL SERVICES DEEMS NECESSARY TO
 PROVIDE TO THE LEGISLATURE. IF  THERE  EXISTS  A  BALANCE  IN  THE  RISK
 ADJUSTMENT  POOL,  THE  FINAL  REPORT  SHALL PROVIDE A TIMELINE BY WHICH
 REPAYMENT WILL BE COMPLETED.
 A. 8201                             4

   12. IF AT ANY POINT WHILE THIS SECTION SHALL BE IN EFFECT THE  FEDERAL
 GOVERNMENT  BY  LAW  OR  REGULATION  PROVIDES SICK LEAVE AND/OR EMPLOYEE
 BENEFITS FOR EMPLOYEES RELATED TO OUTBREAKS OF CONTAGIOUS DISEASE,  THEN
 THE PROVISIONS OF THIS SECTION, INCLUDING, BUT NOT LIMITED TO, PAID SICK
 LEAVE,  PAID  FAMILY LEAVE, AND BENEFITS DUE TO DISABILITY, SHALL NOT BE
 AVAILABLE TO ANY EMPLOYEE OTHERWISE SUBJECT TO THE  PROVISIONS  OF  THIS
 SECTION; PROVIDED, HOWEVER, THAT IF THE PROVISIONS OF THIS SECTION WOULD
 HAVE PROVIDED SICK LEAVE AND/OR EMPLOYEE BENEFITS IN EXCESS OF THE BENE-
 FITS  PROVIDED BY THE FEDERAL GOVERNMENT BY LAW OR REGULATION, THEN SUCH
 EMPLOYEE SHALL BE ABLE  TO  CLAIM  SUCH  ADDITIONAL  SICK  LEAVE  AND/OR
 EMPLOYEE  BENEFITS  PURSUANT  TO  THE  PROVISIONS  OF THIS SECTION IN AN
 AMOUNT THAT SHALL BE THE DIFFERENCE BETWEEN THE BENEFITS AVAILABLE UNDER
 THIS SECTION AND THE BENEFITS AVAILABLE TO SUCH  EMPLOYEE,  IF  ANY,  AS
 PROVIDED BY SUCH FEDERAL LAW OR REGULATION.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.