S T A T E O F N E W Y O R K
________________________________________________________________________
2821--B
2023-2024 Regular Sessions
I N S E N A T E
January 24, 2023
___________
Introduced by Sens. RAMOS, ADDABBO, CLEARE, COMRIE, FERNANDEZ, HOYLMAN-
SIGAL, JACKSON, KENNEDY, MAYER -- read twice and ordered printed, and
when printed to be committed to the Committee on Labor -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Labor in accord-
ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the workers' compensation law, in relation to expanding
eligibility for temporary disability insurance and paid family leave
benefits and to making certain conforming technical changes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 9 of section 201 of the workers' compensation
law, as amended by chapter 675 of the laws of 1977, paragraph B as
amended by chapter 352 of the laws of 1981, is amended to read as
follows:
9. [A.] (A) "Disability" during employment means the inability of an
employee, as a result of injury or sickness not arising out of and in
the course of an employment, to perform the regular duties of [his]
THEIR employment or the duties of any other employment which [his] THEIR
employer may offer [him] THEM at [his] THEIR regular wages and which
[his] THEIR injury or sickness does not prevent [him] THEM from perform-
ing. "Disability" during unemployment means the inability of an employ-
ee, as a result of injury or sickness not arising out of and in the
course of an employment, to perform the duties of any employment for
which [he is] THEY ARE reasonably qualified by training and experience.
[B.] (B) "Disability" also includes disability caused by or in
connection with a pregnancy OR NEONATAL LOSS.
(C) "DISABILITY" ALSO INCLUDES THE INABILITY OF AN EMPLOYEE TO WORK IN
ORDER TO RECEIVE MEDICAL TREATMENT FOR A SERIOUS HEALTH CONDITION NOT
ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04613-05-4
S. 2821--B 2
§ 2. Section 201 of the workers' compensation law is amended by
adding a new subdivision 25 to read as follows:
25. "NEONATAL LOSS" MEANS THE DEATH OF A CHILD DURING THE FIRST TWELVE
WEEKS OF LIFE.
§ 3. Subdivision 20 of section 201 of the workers' compensation law,
as amended by chapter 550 of the laws of 2021, is amended to read as
follows:
20. "Family member" means a child, parent, grandparent, grandchild,
sibling, spouse, or domestic partner as defined in this section, OR ANY
OTHER INDIVIDUAL RELATED BY BLOOD TO THE EMPLOYEE OR WHOSE CLOSE ASSOCI-
ATION WITH THE EMPLOYEE IS THE EQUIVALENT OF A FAMILY RELATIONSHIP.
§ 4. Section 203 of the workers' compensation law, as amended by
section 3 of part SS of chapter 54 of the laws of 2016, is amended to
read as follows:
§ 203. Employees eligible for benefits under section two hundred four
of this article. Employees in employment of a covered employer for four
or more consecutive weeks and employees in employment during the work
period usual to and available during such four or more consecutive weeks
in any trade or business in which they are regularly employed and in
which hiring from day to day of such employees is the usual employment
practice shall be eligible for disability AND FAMILY LEAVE benefits as
provided in section two hundred four of this article. [Employees in
employment of a covered employer for twenty-six or more consecutive
weeks and employees in employment during the work period usual to and
available during such twenty-six or more consecutive weeks in any trade
or business in which they are regularly employed and in which hiring
from day to day of such employees is the usual employment practice shall
be eligible for family leave benefits as provided in section two hundred
four of this article. Every such employee shall continue to be eligible
for family leave benefits only during employment with a covered employ-
er.] Every such employee shall continue to be eligible for disability
AND FAMILY LEAVE benefits during such employment and for a period of
four weeks after such employment terminates regardless of whether the
employee performs any work for remuneration or profit in non-covered
employment. If during such four week period the employee performs any
work for remuneration or profit for another covered employer the employ-
ee shall become eligible for disability AND FAMILY LEAVE benefits imme-
diately with respect to that employment. In addition every such employee
who has previously completed four or more consecutive weeks in employ-
ment with the covered employer for purposes of disability AND FAMILY
LEAVE benefits[, or twenty-six or more consecutive weeks in employment
with the covered employer for purposes of paid family leave,] and
returns to work with the same employer after an agreed and specified
unpaid leave of absence or vacation without pay shall become eligible
for benefits immediately with respect to such employment. An employee
who during a period in which [he or she is] THEY ARE eligible to receive
benefits under subdivision two of section two hundred seven of this
article returns to employment with a covered employer and an employee
who is currently receiving unemployment insurance benefits or benefits
under section two hundred seven of this article and who returns to
employment with a covered employer shall become eligible for disability
AND FAMILY LEAVE benefits immediately with respect to such employment.
An employee regularly in the employment of a single employer on a work
schedule less than the employer's normal work week shall become eligible
for disability AND FAMILY leave benefits on the twenty-fifth day of such
regular employment [and for purposes of paid family leave an employer
S. 2821--B 3
shall become eligible for benefits on the one hundred seventy-fifth day
of such regular employment]. An employee who is eligible for disability
and family leave benefits in the employment of a covered employer shall
not be deemed, for the purposes of this article, to have such employment
terminated during any period [he or she is] THEY ARE eligible to receive
benefits under section two hundred four of this article with respect to
such employment.
§ 5. 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] INTERFERENCE AND RETALIATORY action prohibited
for DISABILITY AND 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 DISABILITY AND family leave.
2. IT SHALL BE UNLAWFUL FOR ANY EMPLOYER TO INTERFERE WITH, RESTRAIN,
OR DENY THE EXERCISE OF, OR THE ATTEMPT TO EXERCISE, ANY RIGHT PROVIDED
UNDER THIS ARTICLE, INCLUDING: (A) FAILING TO COMPLY WITH THE REQUIRE-
MENTS OF SECTION TWO HUNDRED TWENTY-NINE OF THIS ARTICLE, SUCH AS BY
FAILING TO PROVIDE AN EMPLOYEE WITH THE NOTICE OF RIGHTS REQUIRED BY
SUCH SECTION; (B) FAILING TO PROVIDE AN EMPLOYEE WITH COMPLETE AND ACCU-
RATE INFORMATION RELATED TO THE SUBMISSION OF A CLAIM FOR DISABILITY OR
FAMILY LEAVE BENEFITS, SUCH AS BY FAILING TO INFORM THE EMPLOYEE THAT IT
IS THE EMPLOYEE'S RESPONSIBILITY TO SUBMIT THE COMPLETED APPLICATION
MATERIALS TO THE EMPLOYER'S INSURANCE CARRIER OR BY FAILING OR REFUSING
TO PROVIDE THE EMPLOYEE WITH THE NAME OF THE EMPLOYER'S INSURANCE CARRI-
ER AND/OR THE EMPLOYER'S POLICY NUMBER WITH SAID INSURANCE CARRIER; (C)
FAILING TO ACCURATELY COMPLETE AND RETURN TO THE EMPLOYEE THE DISABILITY
OR FAMILY LEAVE APPLICATION PAPERWORK WITHIN THE TIME PERIOD SPECIFIED
BY THE CHAIR; (D) PROVIDING THE EMPLOYER'S INSURANCE CARRIER WITH INAC-
CURATE INFORMATION ABOUT AN EMPLOYEE'S EMPLOYMENT AS IT RELATES TO THE
EMPLOYEE'S ELIGIBILITY FOR DISABILITY OR FAMILY LEAVE BENEFITS; (E)
REFUSING TO ALLOW AN EMPLOYEE WHO HAS REQUESTED DISABILITY OR FAMILY
LEAVE UNDER THIS ARTICLE TO BEGIN LEAVE UNTIL THE EMPLOYER'S INSURANCE
CARRIER HAS APPROVED THE EMPLOYEE'S CLAIM FOR DISABILITY OR FAMILY LEAVE
BENEFITS; (F) FAILING OR REFUSING TO CARRY DISABILITY OR FAMILY LEAVE
INSURANCE AS REQUIRED BY SECTION TWO HUNDRED ELEVEN OF THIS ARTICLE; (G)
THREATENING TERMINATION, DEMOTION, DISCIPLINE, SUSPENSION, OR REDUCTION
OF HOURS OR WAGES, REPORTING OR THREATENING TO REPORT AN EMPLOYEE'S
SUSPECTED CITIZENSHIP OR IMMIGRATION STATUS OR THE SUSPECTED CITIZENSHIP
OR IMMIGRATION STATUS OF A FAMILY MEMBER OF THE EMPLOYEE TO A FEDERAL,
STATE, OR LOCAL AGENCY, OR THREATENING ANY OTHER ACTION AGAINST AN
EMPLOYEE SEEKING TO TAKE DISABILITY OR FAMILY LEAVE THAT MIGHT REASON-
ABLY DETER AN EMPLOYEE FROM EXERCISING A RIGHT PROVIDED UNDER THIS ARTI-
CLE; OR (H) THREATENING OR TAKING ANY OTHER ACTION THAT MAY HAVE THE
EFFECT OF PREVENTING OR DISCOURAGING AN EMPLOYEE FROM EXERCISING A RIGHT
PROVIDED UNDER THIS ARTICLE.
3. 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.
§ 6. 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 DISABILITY OR family leave. Any
eligible employee of a covered employer who takes leave, INCLUDING LEAVE
DUE TO A DISABILITY, under this article shall be entitled, on return
from such leave, to be restored by the employer to the position of
S. 2821--B 4
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 family
leave OR LEAVE DUE TO A DISABILITY 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 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.
§ 7. 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 DISABILITY OR family leave. In
accordance with the Family and Medical Leave Act (29 U.S.C. §§
2601-2654), during any period of DISABILITY OR family 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 DISABILITY OR family leave until the
date [he or she returns] THEY RETURN to employment.
§ 8. 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] FIRST 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. Family leave benefits shall be payable to an eligi-
ble employee for the first full day when family leave is required and
thereafter 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
disability or family leave caused by the same or related injury or sick-
ness 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], TWO THOUSAND TWENTY-THREE 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 week-
ly wage in effect, AND (V) ON OR AFTER JANUARY FIRST, TWO THOUSAND TWEN-
TY-SIX, SHALL NOT EXCEED TWELVE WEEKS DURING ANY FIFTY-TWO WEEK CALENDAR
S. 2821--B 5
PERIOD AND SHALL BE NINETY PERCENT OF THE PORTION OF THE EMPLOYEE'S
AVERAGE WEEKLY WAGE THAT IS EQUAL TO OR LESS THAN FIFTY PERCENT OF THE
NEW YORK STATE AVERAGE WEEKLY WAGE IN EFFECT AND SIXTY-SEVEN PERCENT OF
THE PORTION OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE THAT IS MORE THAN
FIFTY PERCENT OF THE NEW YORK STATE AVERAGE WEEKLY WAGE IN EFFECT BUT
SHALL NOT EXCEED SIXTY-SEVEN PERCENT OF THE NEW YORK STATE AVERAGE WEEK-
LY WAGE IN EFFECT. The superintendent of financial services shall have
discretion to delay the increases in the family leave benefit level
provided in subparagraphs (ii), (iii), [and] (iv), AND (V) of this para-
graph 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 over-
all 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 carri-
ers; 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 fami-
ly 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] HOUR OR SHORTER PERIODS IF
CONSISTENT WITH THE INCREMENTS THE EMPLOYER TYPICALLY USES TO MEASURE
EMPLOYEE LEAVE, EXCEPT THAT BENEFITS SHALL NOT BE PAYABLE UNTIL THE
EMPLOYEE ACCUMULATES AT LEAST EIGHT HOURS OF FAMILY LEAVE.
(b) THE WEEKLY BENEFIT WHICH THE DISABLED EMPLOYEE IS ENTITLED TO
RECEIVE FOR DISABILITY COMMENCING ON OR AFTER JANUARY FIRST, TWO THOU-
SAND TWENTY-SIX SHALL BE NINETY PERCENT OF THE PORTION OF THE EMPLOYEE'S
AVERAGE WEEKLY WAGE THAT IS EQUAL TO OR LESS THAN FIFTY PERCENT OF THE
NEW YORK STATE AVERAGE WEEKLY WAGE IN EFFECT AND SIXTY-SEVEN PERCENT OF
THE PORTION OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE THAT IS MORE THAN
FIFTY PERCENT OF THE NEW YORK STATE AVERAGE WEEKLY WAGE IN EFFECT BUT
SHALL NOT EXCEED SIXTY-SEVEN PERCENT OF THE NEW YORK STATE AVERAGE WEEK-
LY WAGE IN EFFECT; EXCEPT THAT IF THE EMPLOYEE'S AVERAGE WEEKLY WAGE IS
LESS THAN ONE HUNDRED 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 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. 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
S. 2821--B 6
weekly wage is less than twenty dollars, the benefit shall be such aver-
age weekly wage. The weekly benefit which the disabled employee is enti-
tled to receive for disability commencing on or after July first, nine-
teen 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 week-
ly 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-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] BENEFITS MAY BE
PAYABLE TO EMPLOYEES FOR LEAVE DUE TO A DISABILITY TAKEN INTERMITTENTLY
IN INCREMENTS OF ONE HOUR OR SHORTER PERIODS IF CONSISTENT WITH THE
INCREMENTS THE EMPLOYER TYPICALLY USES TO MEASURE EMPLOYEE LEAVE, EXCEPT
THAT BENEFITS SHALL NOT BE PAYABLE UNTIL THE EMPLOYEE ACCUMULATES AT
LEAST EIGHT HOURS OF LEAVE DUE TO A DISABILITY. 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
and minimum herein provided, be (I) one-half of the total of the employ-
ee's average weekly wages received from all such covered employers, OR
(II) FOR DISABILITY COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND
TWENTY-SIX, NINETY PERCENT OF THE PORTION OF THE EMPLOYEE'S AVERAGE
WEEKLY WAGE RECEIVED FROM ALL SUCH COVERED EMPLOYERS THAT IS EQUAL TO OR
LESS THAN FIFTY PERCENT OF THE NEW YORK STATE AVERAGE WEEKLY WAGE IN
EFFECT AND SIXTY-SEVEN PERCENT OF THE PORTION OF THE EMPLOYEE'S AVERAGE
WEEKLY WAGE RECEIVED FROM ALL SUCH COVERED EMPLOYERS THAT IS MORE THAN
FIFTY PERCENT OF THE NEW YORK STATE AVERAGE WEEKLY WAGE IN EFFECT, and
shall be allocated in the proportion of their respective average weekly
wage payments.
§ 9. Section 207 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, subdivisions 1 and 2 as amended by chapter
438 of the laws of 1964, subdivision 4 as amended by chapter 436 of the
laws of 1986, and subdivision 5 as added by section 8 of part SS of
chapter 54 of the laws of 2016, is amended to read as follows:
§ 207. Disability while unemployed. 1. Employees entitled to unemploy-
ment insurance benefits. An employee whose employment with a covered
employer is terminated and who during a period of unemployment within
twenty-six weeks immediately following such termination of employment
shall become ineligible for benefits currently being claimed under the
unemployment insurance law solely because of disability commencing after
June thirtieth, nineteen hundred fifty OR NEED FOR FAMILY LEAVE COMMENC-
S. 2821--B 7
ING AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SIX, and who on the day
such disability OR NEED FOR FAMILY LEAVE commences is not employed or
working for remuneration or profit and is not then otherwise eligible
for benefits under this article, shall be entitled to receive disability
OR FAMILY LEAVE benefits as herein provided for each week of such disa-
bility OR NEED FOR FAMILY LEAVE for which week [he] THEY would have
received unemployment insurance benefits if [he] THEY were not so disa-
bled OR DID NOT HAVE SUCH NEED FOR FAMILY LEAVE. The weekly benefit of
such [disabled] employee shall be computed in the same manner as
provided in subdivision two of section two hundred four OF THIS ARTICLE,
and the benefits [he is] THEY ARE entitled to receive shall be subject
to the limitations as to maximum and minimum amounts and duration and
other conditions and limitations prescribed in sections two hundred
four, two hundred five and two hundred six OF THIS ARTICLE.
2. Employees not eligible for unemployment insurance benefits. An
employee whose employment with a covered employer is terminated and who
was in employment of one or more covered employers and was paid wages of
at least thirteen dollars in such employment in each of twenty calendar
weeks during the thirty calendar weeks immediately preceding the date
[he] THEY last worked for such covered employer, and who during a period
of unemployment within twenty-six weeks immediately following such
termination of employment is not eligible to benefits under the unem-
ployment insurance law because of lack of qualifying wages but who
during unemployment has evidenced [his] THEIR continued attachment to
the labor market, shall be eligible for benefits under the provisions of
this subdivision for disability commencing after June thirtieth, nine-
teen hundred fifty OR NEED FOR FAMILY LEAVE COMMENCING AFTER JANUARY
FIRST, TWO THOUSAND TWENTY-SIX. If such employee becomes disabled and
continues to be disabled [for at least eight consecutive days] during
such twenty-six week period and on the day such disability commences [he
is] THEY ARE not employed or working for remuneration or profit and [is]
ARE not then otherwise eligible for benefits under this article, [he]
THEY shall be entitled to receive disability benefits, as herein
provided, beginning with the [eighth consecutive] FIRST day of such
disability, for each week of such disability thereafter. IF SUCH EMPLOY-
EE HAS A NEED FOR FAMILY LEAVE DURING SUCH TWENTY-SIX WEEK PERIOD AND ON
THE DAY SUCH FAMILY LEAVE COMMENCES SUCH PERSON IS NOT EMPLOYED OR WORK-
ING FOR REMUNERATION OR PROFIT AND IS NOT THEN OTHERWISE ELIGIBLE FOR
BENEFITS UNDER THIS ARTICLE, SUCH PERSON SHALL BE ENTITLED TO RECEIVE
FAMILY LEAVE BENEFITS, AS HEREIN PROVIDED FOR EACH WEEK OF SUCH FAMILY
LEAVE THEREAFTER. The weekly benefit of such [disabled] employee shall
be computed in the same manner as provided in subdivision two of section
two hundred four OF THIS ARTICLE, and the benefits [he is] THEY ARE
entitled to receive shall be subject to the limitations as to maximum
and minimum amounts and duration and other conditions and limitations
prescribed in sections two hundred four, two hundred five and two
hundred six OF THIS ARTICLE.
3. Payment of benefits. The benefits payable under this section shall
be subject to the provisions and limitations generally applicable to
disability AND FAMILY LEAVE benefits payable under this article, and
shall be paid by the [chairman] CHAIR out of any assets in the fund
created by section two hundred fourteen OF THIS ARTICLE. The [chairman]
CHAIR may require an employee claiming benefits under this section to
file proofs of disability OR NEED FOR FAMILY LEAVE and of [his] THEIR
employment and wages, and other proofs reasonably necessary for the
[chairman] CHAIR to make in the first instance the determination of
S. 2821--B 8
eligibility and benefit rights under this section; and may require [his]
THEIR employer or [his] THEIR former employer or employers to file
reports of employment and wages and other information reasonably neces-
sary for such determination. The [chairman] CHAIR may make administra-
tive regulations for such determinations. The [chairman] CHAIR may also
by regulation establish reasonable procedures for determining pro rata
benefits payable with respect to disability OR FAMILY LEAVE periods of
less than one week. Any employee claiming benefits under this section
whose claim is rejected in whole or in part by the [chairman] CHAIR,
shall be entitled to request a review by the board and shall have all
the rights with respect to contested claims provided in this article.
4. Qualification notwithstanding casual non-covered employment. An
employment of not more than four weeks with a non-covered employer or
employers occurring within such twenty-six [weeks] WEEK period shall not
disqualify an employee from benefits provided such employee was other-
wise eligible to receive benefits under this section at the time such
employment for a non-covered employer commenced.
[5. The foregoing provisions of this section shall not apply to family
leave benefits, as family leave benefits are not available to employees
that are not employed at the time family leave is requested by filing
the notice and medical certification required by the chair.]
§ 10. Paragraph (b) of subdivision 4 of section 212 of the workers'
compensation law, as added by section 13 of part SS of chapter 54 of the
laws of 2016, is amended to read as follows:
(b) Notwithstanding the definition of "employer" in section two
hundred one of this article, a sole proprietor, member of a limited
liability company or limited liability partnership, or other self-em-
ployed person may become a covered employer under this article FOR A
PERIOD OF AT LEAST ONE YEAR by complying with the provisions of subdivi-
sion one of this section. A SELF-EMPLOYED PERSON WHO BECOMES A COVERED
EMPLOYER UNDER THIS SECTION SHALL BECOME ELIGIBLE FOR DISABILITY AND
FAMILY LEAVE BENEFITS NO LATER THAN FOUR WEEKS AFTER THE PURCHASE OF A
POLICY OF INSURANCE UNDER THIS ARTICLE.
§ 11. Section 229 of the workers' compensation law is amended by
adding a new subdivision 3 to read as follows:
3. MATERIALS RELATED TO PAID FAMILY LEAVE AND TEMPORARY DISABILITY
INSURANCE, INCLUDING APPLICATION FORMS, SHALL BE CONSIDERED VITAL DOCU-
MENTS UNDER SECTION TWO HUNDRED TWO-A OF THE EXECUTIVE LAW.
§ 12. Subdivision 2 of section 2 of the workers' compensation law, as
amended by chapter 717 of the laws of 2021, is amended to read as
follows:
2. (A) "Department" means the department of labor of the state of New
York;
(B) "Chairman" OR "CHAIR" means the [chairman] CHAIR of the workers'
compensation board of the state of New York;
(C) "Commissioner" means the industrial commissioner of the state of
New York;
(D) "Board" means the workers' compensation board of the state of New
York;
(E) "Commissioners" means the commissioners of the state insurance
fund of the department of labor of the state of New York.
§ 13. Subdivision 2 of section 201 of the workers' compensation law,
as amended by chapter 717 of the laws of 2021, is amended to read as
follows:
2. "Chairman" OR "CHAIR" means the [chairman] CHAIR of the workers'
compensation board of the state of New York.
S. 2821--B 9
§ 14. Subdivision 6 of section 302 of the workers' compensation law,
as amended by chapter 717 of the laws of 2021, is amended to read as
follows:
6. "Chairman" OR "CHAIR" shall mean the [chairman] CHAIR of the work-
ers' compensation board.
§ 15. Section 217 of the workers' compensation law is amended by
adding a new subdivision 7 to read as follows:
7. (A) WHEN AN ELIGIBLE EMPLOYEE EXPERIENCES A NEONATAL LOSS WHILE
RECEIVING FAMILY LEAVE BENEFITS PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
FIFTEEN OF SECTION TWO HUNDRED ONE OF THIS ARTICLE, THE REMAINDER OF THE
EMPLOYEE'S FAMILY LEAVE CLAIM SHALL BE DEEMED TO AUTOMATICALLY CONVERT
TO A CLAIM FOR LEAVE DUE TO A DISABILITY WITHOUT NEED FOR ANY ADDITIONAL
DOCUMENTATION. AN ELIGIBLE EMPLOYEE MAY APPLY FOR ADDITIONAL LEAVE DUE
TO A DISABILITY IF NEEDED AND MAY BE REQUIRED TO PROVIDE DOCUMENTATION
FOR THE ADDITIONAL LEAVE.
(B) WHEN AN ELIGIBLE EMPLOYEE HAS FILED A CLAIM FOR FAMILY LEAVE
PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FIFTEEN OF SECTION TWO HUNDRED
ONE OF THIS ARTICLE AND THE PREGNANCY GIVING RISE TO THE EMPLOYEE'S
FAMILY LEAVE CLAIM RESULTS IN A PREGNANCY LOSS, THE FAMILY LEAVE CLAIM
SHALL BE DEEMED TO AUTOMATICALLY CONVERT TO A CLAIM FOR LEAVE DUE TO A
DISABILITY FOR THE ENTIRETY OF THE PERIOD FOR WHICH THE ELIGIBLE EMPLOY-
EE HAD APPLIED FOR FAMILY LEAVE BENEFITS WITHOUT NEED FOR ANY ADDITIONAL
DOCUMENTATION. AN ELIGIBLE EMPLOYEE MAY APPLY FOR ADDITIONAL LEAVE DUE
TO A DISABILITY IF NEEDED AND MAY BE REQUIRED TO PROVIDE DOCUMENTATION
FOR THE ADDITIONAL LEAVE.
(C) NOTWITHSTANDING PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, A
NON-BIRTHING PARENT WHO EXPERIENCES A NEONATAL LOSS OR A PREGNANCY LOSS
IN RELATION TO THE PREGNANCY GIVING RISE TO THE EMPLOYEE'S CLAIM FOR
FAMILY LEAVE PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FIFTEEN OF SECTION
TWO HUNDRED ONE OF THIS ARTICLE MAY ELECT TO CONVERT THEIR CLAIM TO A
CLAIM FOR PAID FAMILY LEAVE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
FIFTEEN OF SECTION TWO HUNDRED ONE OF THIS ARTICLE.
(D) THE CHAIR SHALL ADOPT RULES AND REGULATIONS TO IMPLEMENT THIS
SUBDIVISION.
§ 16. Paragraph (b) of subdivision 3 of section 205 of the workers'
compensation law, as amended by section 6 of part SS of chapter 54 of
the laws of 2016, is amended to read as follows:
(b) for any day of disability or family leave during which the employ-
ee performed work for remuneration or profit, EXCEPT FOR DURING PERIODS
OF INTERMITTENT LEAVE PURSUANT TO SECTION TWO HUNDRED FOUR OF THIS ARTI-
CLE;
§ 17. Severability. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which
such judgment shall have been rendered. It is hereby declared to be the
intent of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
§ 18. 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.