S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4403
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  providing
   family leave in the event of a stillbirth or miscarriage
 
   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;  [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) TO MOURN
 THE LOSS OF A STILLBORN CHILD; (D) TO MOURN THE LOSS OF  A  CHILD  AS  A
 RESULT  OF  A  MISCARRIAGE; OR (E) 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.
   § 2. Section 204 of the workers' compensation law is amended by adding
 two new subdivisions 3 and 4 to read as follows:
   3.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, THE WEEKLY
 BENEFIT FOR FAMILY LEAVE TAKEN PURSUANT TO PARAGRAPH (C) OF  SUBDIVISION
 FIFTEEN OF SECTION TWO HUNDRED ONE OF THIS ARTICLE SHALL NOT EXCEED FOUR
 WEEKS DURING ANY FIFTY-TWO WEEK CALENDAR PERIOD AND SHALL BE SIXTY-SEVEN
 PERCENT  OF  THE  EMPLOYEE'S  AVERAGE  WEEKLY WAGES BUT SHALL NOT EXCEED
 SIXTY-SEVEN PERCENT OF THE NEW YORK STATE AVERAGE WEEKLY WAGE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04704-01-3
              

 S. 4403                             2
 
   4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE  CONTRARY,  THE  WEEKLY
 BENEFIT  FOR FAMILY LEAVE TAKEN PURSUANT TO PARAGRAPH (D) OF SUBDIVISION
 FIFTEEN OF SECTION TWO HUNDRED ONE OF THIS ARTICLE SHALL NOT EXCEED  ONE
 WEEK  DURING ANY FIFTY-TWO WEEK CALENDAR PERIOD AND SHALL BE SIXTY-SEVEN
 PERCENT  OF  THE  EMPLOYEE'S  AVERAGE  WEEKLY WAGES BUT SHALL NOT EXCEED
 SIXTY-SEVEN PERCENT OF THE NEW YORK STATE AVERAGE WEEKLY WAGE.
   § 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  A  STILLBIRTH  OR A MISCARRIAGE, 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  THE  LOSS  OF  A  STILLBORN CHILD, A CERTIFICATE OF STILLBIRTH SHALL
 SERVE AS PROOF OF NEED OF LEAVE. IN  THE  EVENT  THAT  THE  CLAIMANT  IS
 ELIGIBLE  FOR FAMILY LEAVE DUE TO A MISCARRIAGE, A CERTIFICATE OF STILL-
 BIRTH OR A FETAL 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-
 S. 4403                             3
 
 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.
   § 5. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.