S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7581
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               June 9, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
              

 S. 7581                             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.