S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2821
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sens.  RAMOS, ADDABBO -- 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  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.
   (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.
   §  2.  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04613-02-3
 S. 2821                             2
 
   §  3.    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
 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]  SUBDIVISION  TWO OF SECTION TWO HUNDRED SEVEN OF THIS
 ARTICLE AND WHO 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 DISABIL-
 S. 2821                             3

 ITY AND FAMILY LEAVE BENEFITS IMMEDIATELY WITH RESPECT TO  SUCH  EMPLOY-
 MENT.  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. AN EMPLOYEE WHO IS ELIGIBLE FOR DISABIL-
 ITY 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 THEY  ARE  ELIGIBLE  TO  RECEIVE
 BENEFITS  UNDER SECTION TWO HUNDRED FOUR OF THIS ARTICLE WITH RESPECT TO
 SUCH EMPLOYMENT.
   § 4. 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.
   § 5. 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:
 S. 2821                             4
 
   § 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
 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.
   §  6.    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.
   § 7. 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:
   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-TWO 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-FIVE, SHALL NOT EXCEED TWELVE WEEKS DURING ANY FIFTY-TWO WEEK  CALEN-
 DAR  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
 S. 2821                             5
 
 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.
   (b)    THE  WEEKLY  BENEFIT WHICH THE DISABLED EMPLOYEE IS ENTITLED TO
 RECEIVE FOR DISABILITY COMMENCING ON OR AFTER JANUARY FIRST,  TWO  THOU-
 SAND  TWENTY-FIVE  SHALL BE NINETY PERCENT OF THE PORTION OF THE EMPLOY-
 EE'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
 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
 S. 2821                             6
 
 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 (I) one-half of the total of
 the  employee's  average  weekly  wages  received  from all such covered
 employers, OR (II) FOR DISABILITY COMMENCING ON OR AFTER JANUARY  FIRST,
 TWO  THOUSAND  TWENTY-FIVE, NINETY PERCENT OF THE PORTION OF THE EMPLOY-
 EE'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.
   § 8.  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-
 ING AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, 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
 S. 2821                             7
 
 [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-FIVE.  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 not
 then otherwise eligible for benefits under this article, [he] THEY shall
 be entitled to receive disability benefits, as herein  provided,  begin-
 ning  with  the eighth consecutive day of such disability, for each week
 of such disability thereafter. IF SUCH EMPLOYEE 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 WORKING 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
 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  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
 S. 2821                             8

 that  are  not  employed at the time family leave is requested by filing
 the notice and medical certification required by the chair.]
   §  9.    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.
   §  10.    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.
   § 11.  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.
   §  12.  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.
   § 13. 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.
   §  14.  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.
   § 15.  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.

                             
                     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.