S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3235
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2025
                                ___________
 
 Introduced  by  Sens.  COONEY,  FERNANDEZ, GOUNARDES, SCARCELLA-SPANTON,
   WEBB -- read twice and ordered printed, and when printed to be commit-
   ted to the Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to the weekly
   benefit of a disabled employee

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short title.  This act shall be known and may be cited as
 the "equity in leave act".
   § 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: (I) ON OR AFTER JANUARY FIRST, TWO
 THOUSAND TWENTY-EIGHT 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  TWENTY-NINE
 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 THIRTY SHALL BE SIXTY
 PERCENT OF THE EMPLOYEE'S WEEKLY AVERAGE WAGE BUT SHALL NOT EXCEED SIXTY
 PERCENT OF THE STATE AVERAGE WEEKLY WAGE; AND (IV) ON OR  AFTER  JANUARY
 FIRST  OF  EACH  SUCCEEDING  YEAR,  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. The weekly benefit which the disabled
 employee is entitled to receive for disability commencing  on  or  after
 May  first, nineteen hundred eighty-nine AND PRIOR TO JANUARY FIRST, TWO
 THOUSAND TWENTY-EIGHT 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 bene-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02485-01-5
              

 S. 3235                             2
 
 fit  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  bene-
 fit 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 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. 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. Paragraph (a) of subdivision 3 of section  209  of  the  workers'
 compensation  law,  as amended by section 10 of part SS of chapter 54 of
 the laws of 2016, is amended to read as follows:
   (a) Disability benefits. The contribution of each such employee to the
 cost of disability benefits provided by this article shall  be  one-half
 of  one  per  centum of the employee's wages paid [to him or her] on and
 after July first, nineteen hundred fifty AND PRIOR TO JANUARY FIRST, TWO
 THOUSAND TWENTY-EIGHT, but not in excess of sixty cents per week.    THE
 CONTRIBUTION  OF  EACH  SUCH EMPLOYEE TO THE COST OF EMPLOYEE DISABILITY
 BENEFITS PROVIDED BY THIS ARTICLE SHALL BE ONE-HALF OF ONE PER CENTUM OF
 THE EMPLOYEE'S WAGES PAID ON AND AFTER JANUARY FIRST, TWO THOUSAND TWEN-
 TY-EIGHT, BUT NOT IN EXCESS OF TWO DOLLARS AND TWENTY CENTS PER WEEK.
   § 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.
 S. 3235                             3
 
   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:
   §  203-b.  Reinstatement  following  DISABILITY  OR  family leave. Any
 eligible employee of a covered employer who takes leave, INCLUDING LEAVE
 FOR 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 bene-
 fit 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.  §§
 S. 3235                             4
 
 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] SUCH EMPLOYEE commenced DISABILITY OR family leave
 until the date [he or she returns] OF RETURN to employment.
   § 7. This act shall take effect immediately.