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S03301 Summary:

BILL NOS03301A
 
SAME ASNo Same As
 
SPONSORKLEIN
 
COSPNSRAVELLA, CARLUCCI, SAVINO, VALESKY
 
MLTSPNSR
 
Amd Work Comp L, generally; amd §1113, Ins L
 
Establishes family care leave benefits within the disability provisions of the workers' compensation law; such benefits provide up to twelve weeks of paid leave from work for the care of a family member with a serious health condition or to bond with the employee's child within the first 12 months of birth or taking custody of such child.
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S03301 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3301--A
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    February 4, 2015
                                       ___________
 
        Introduced  by  Sens.  KLEIN,  AVELLA, CARLUCCI, SAVINO, VALESKY -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Labor -- 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 and the insurance law, in
          relation to establishing family care benefits
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision 9 of section 201 of the workers' compensation
     2  law is amended by adding a new paragraph C to read as follows:
     3    C. "Disability" also includes family care.
     4    § 2. Subdivision 14 of section 201 of the workers'  compensation  law,
     5  as added by chapter 600 of the laws of 1949 and as renumbered by chapter
     6  438  of  the laws of 1964, is amended, and nine new subdivisions 15, 16,
     7  17, 18, 19, 20, 21, 22 and 23 are added to read as follows:
     8    14. "A day of disability" means any day  on  which  the  employee  was
     9  prevented  from performing work because of disability, including any day
    10  which the employee uses for family care, and for which [he] the employee
    11  has not received his or her regular remuneration.
    12    15. "Family care" means any leave taken by an employee from performing
    13  work:
    14    A. to participate in providing care, including physical or  psycholog-
    15  ical care, for a family member of the employee made necessary by a seri-
    16  ous health condition of the family member; or
    17    B.  to  bond  with the employee's child during the first twelve months
    18  after the child's birth, or the first twelve months after the  placement
    19  of the child for adoption or foster care with the employee.
    20    16. "Child" means a biological, adopted or foster child, a step-child,
    21  a  legal ward or a child of a person who stands in parental relationship
    22  to the child who is:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08411-04-6

        S. 3301--A                          2
 
     1    A. less than eighteen years of age; or
     2    B.  eighteen  years of age or older and incapable of self-care because
     3  of a mental or physical disability.
     4    17. "Domestic partner" has the same meaning set forth  in  subdivision
     5  one of section four of this chapter.
     6    18.  "Serious  health condition" means an illness, injury, impairment,
     7  or physical or mental condition that:
     8    A. requires inpatient care  in  a  hospital,  hospice  or  residential
     9  health care facility; or
    10    B. requires continuing treatment by a health care provider.
    11    19.  "Parent"  means a biological or adoptive parent or step-parent of
    12  an employee, or a person  who  stood  in  parental  relationship  to  an
    13  employee when the employee was:
    14    A. less than eighteen years of age; or
    15    B.  eighteen  years of age or older and incapable of self-care because
    16  of a mental or physical disability.
    17    20. "Family member" means a child, spouse, domestic  partner,  parent,
    18  grandchild, grandparent, or mother or father of a domestic partner.
    19    21.  "Persons  who  stand in parental relationship to a child" include
    20  those with day-to-day responsibilities to care for and provide financial
    21  support of a child, or, in the case of an employee, who had such respon-
    22  sibility for the employee when the employee was a child. A biological or
    23  legal relationship shall not be necessary.
    24    22. "Grandchild" means the child of a child.
    25    23. "Health care provider" means a health  care  practitioner  who  is
    26  licensed  under  the  relevant federal or state laws to provide medical,
    27  emergency or health services, and is treating an employee  or  a  family
    28  member for a serious health condition.
    29    § 3. Section 203 of the workers' compensation law, as amended by chap-
    30  ter 436 of the laws of 1986, is amended to read as follows:
    31    §  203. Employees eligible for benefits under section two hundred four
    32  of this article.  Employees in employment of a covered employer for four
    33  or more consecutive weeks and employees in employment  during  the  work
    34  period usual to and available during such four or more consecutive weeks
    35  in  any  trade  or  business in which they are regularly employed and in
    36  which hiring from day to day of such employees is the  usual  employment
    37  practice  shall  be eligible for disability and family leave benefits as
    38  provided in section two hundred  four  of  this  article.    Every  such
    39  employee  shall  continue  to be eligible for family leave benefits only
    40  during employment with a covered employer.  Every  such  employee  shall
    41  continue  to  be eligible for disability benefits during such employment
    42  and for a period of four weeks after such employment terminates  regard-
    43  less  of  whether  the  employee  performs  any work for remuneration or
    44  profit in non-covered employment. If during such four  week  period  the
    45  employee  performs  any  work  for  remuneration  or  profit for another
    46  covered employer the employee shall become eligible for disability bene-
    47  fits immediately with respect to that employment. In addition every such
    48  employee who has previously completed four or more consecutive weeks  in
    49  employment  with  the covered employer and returns to work with the same
    50  employer after an agreed and specified unpaid leave of absence or  vaca-
    51  tion  without  pay shall become eligible for disability and family leave
    52  benefits immediately with respect to such employment.  An  employee  who
    53  during a period in which he or she is eligible to receive benefits under
    54  subdivision  two of section two hundred seven of this article returns to
    55  employment with a covered employer and  an  employee  who  is  currently
    56  receiving  unemployment insurance benefits or benefits under section two

        S. 3301--A                          3
 
     1  hundred seven of this article and  who  returns  to  employment  with  a
     2  covered  employer  shall  become  eligible for disability benefits imme-
     3  diately with respect to such employment.  An employee regularly  in  the
     4  employment of a single employer on a work schedule less than the employ-
     5  er's  normal  work  week shall become eligible for disability and family
     6  leave benefits on the twenty-fifth day of such  regular  employment.  An
     7  employee  who  [becomes  disabled  while] is eligible for disability and
     8  family leave benefits in the employment of a covered employer shall  not
     9  be  deemed,  for  the  purposes of this article, to have such employment
    10  terminated during any period he or she is eligible to  receive  benefits
    11  under  section  two  hundred  four  of this article with respect to such
    12  employment.
    13    § 4. The workers' compensation  law  is  amended  by  adding  two  new
    14  sections 203-a and 203-b to read as follows:
    15    §  203-a. Retaliatory action prohibited.  1. The provisions of section
    16  one hundred twenty of this chapter and section two hundred forty-one  of
    17  this  article  shall  be applicable to family care leave as if fully set
    18  forth in this section.
    19    2. Nothing in this section shall be deemed  to  diminish  the  rights,
    20  privileges  or  remedies of any employee under any collective bargaining
    21  agreement or employment contract; except  that  the  institution  of  an
    22  action  in  accordance with this section shall be deemed a waiver of the
    23  rights and remedies available under any  other  contract  or  collective
    24  bargaining agreement.
    25    § 203-b. Family care leave. Any eligible employee of a covered employ-
    26  er  who  takes family care leave on or after January first, two thousand
    27  seventeen under this section shall be  entitled,  on  return  from  such
    28  leave,  to be restored by his or her employer to the position of employ-
    29  ment held by the employee when the leave commenced, or to be restored to
    30  a comparable position with comparable employment benefits, pay and other
    31  terms and conditions of employment. The taking of leave for the  purpose
    32  of  family  care  shall not result in the loss of any employment benefit
    33  accrued prior to the date on which the leave commenced. Nothing in  this
    34  section  shall  be  construed  to  entitle  any restored employee to the
    35  accrual of any seniority or employment benefits  during  any  period  of
    36  leave,  or  any  right,  benefit or position to which the employee would
    37  have been entitled had the employee not taken such leave. A violation of
    38  this section shall be a violation of section one hundred twenty of  this
    39  chapter,  and  all  remedies  and  penalties available under section one
    40  hundred twenty of this chapter shall be available for violations of this
    41  section as if fully set forth in this section.
    42    § 5. Subdivision 2 of section 204 of the workers' compensation law, as
    43  amended by chapter 38 of the laws of 1989, is amended and a new subdivi-
    44  sion 3 is added to read as follows:
    45    2. [The] For purposes of a disability defined in paragraph A or  B  of
    46  subdivision  nine of section two hundred one of this article, the weekly
    47  benefit which the disabled employee is entitled to receive for disabili-
    48  ty commencing on or after May first, nineteen hundred eighty-nine  shall
    49  be  one-half  of  the  employee's weekly wage, but in no case shall such
    50  benefit exceed one hundred seventy dollars; except that if  the  employ-
    51  ee's  average weekly wage is less than twenty dollars, the benefit shall
    52  be such average weekly wage.  The  weekly  benefit  which  the  disabled
    53  employee  is  entitled  to receive for disability commencing on or after
    54  July first, nineteen  hundred  eighty-four  shall  be  one-half  of  the
    55  employee's  weekly  wage,  but  in no case shall such benefit exceed one
    56  hundred forty-five dollars; except that if the employee's average weekly

        S. 3301--A                          4
 
     1  wage is less than twenty dollars, the  benefit  shall  be  such  average
     2  weekly  wage. The weekly benefit which the disabled employee is entitled
     3  to receive for disability commencing on or after  July  first,  nineteen
     4  hundred  eighty-three  and prior to July first, nineteen hundred eighty-
     5  four shall be one-half of the employee's average weekly wage, but in  no
     6  case  shall  such  benefit exceed one hundred thirty-five dollars nor be
     7  less than twenty dollars; except that if the employee's  average  weekly
     8  wage is less than twenty dollars the benefit shall be such average week-
     9  ly  wage.  The weekly benefit which the disabled employee is entitled to
    10  receive for disability commencing  on  or  after  July  first,  nineteen
    11  hundred  seventy-four, and prior to July first, nineteen hundred eighty-
    12  three, shall be one-half of the employee's average weekly wage,  but  in
    13  no  case  shall such benefit exceed ninety-five dollars nor be less than
    14  twenty dollars; except that if the employee's  average  weekly  wage  is
    15  less than twenty dollars, the benefit shall be such average weekly wage.
    16  The  weekly  benefit  which the disabled employee is entitled to receive
    17  for disability commencing on  or  after  July  first,  nineteen  hundred
    18  seventy  and prior to July first, nineteen hundred seventy-four shall be
    19  one-half of the employee's average weekly wage, but  in  no  case  shall
    20  such  benefit  exceed  seventy-five  dollars  nor  be  less  than twenty
    21  dollars; except that if the employee's average weekly wage is less  than
    22  twenty  dollars  the benefit shall be such average weekly wage.  For any
    23  period of disability less than a full week, the benefits  payable  shall
    24  be  calculated  by  dividing  the  weekly  benefit  by the number of the
    25  employee's normal work days per week and multiplying the quotient by the
    26  number of normal work days in such  period  of  disability.  The  weekly
    27  benefit  for  a disabled employee who is concurrently eligible for bene-
    28  fits in the employment of more than one covered employer  shall,  within
    29  the maximum and minimum herein provided, be one-half of the total of the
    30  employee's  average  weekly wages received from all such covered employ-
    31  ers, and shall be allocated in the proportion of their respective  aver-
    32  age weekly wage payments.
    33    3.  For purposes of a disability defined in paragraph C of subdivision
    34  nine of section two hundred one of this article, the weekly  benefit  on
    35  which  an employee on family care leave is entitled to receive for disa-
    36  bility commencing on or after  January  first,  two  thousand  seventeen
    37  shall  be  two-thirds  of  the employee's average weekly wage, but in no
    38  case shall such benefit exceed  thirty-five  percent  of  the  statewide
    39  average weekly wage as determined by the department pursuant to subdivi-
    40  sion  sixteen  of  section two of this chapter. The weekly benefit which
    41  the disabled employee is entitled to receive for  disability  commencing
    42  on  or after April first, two thousand eighteen shall be seventy percent
    43  of the employee's average weekly wage, but in no case shall such benefit
    44  exceed forty percent of the statewide average weekly wage as  determined
    45  by the department pursuant to subdivision sixteen of section two of this
    46  chapter.  The  weekly benefit which the disabled employee is entitled to
    47  receive for disability commencing on or after April first, two  thousand
    48  nineteen  shall be seventy-five percent of the employee's average weekly
    49  wage but in no case shall such benefit exceed forty-five percent of  the
    50  statewide  average  weekly wage as determined by the department pursuant
    51  to subdivision sixteen of section two of this chapter. The weekly  bene-
    52  fit  which  the  disabled employee is entitled to receive for disability
    53  commencing on or after April first, two thousand twenty and subsequently
    54  shall be eighty percent of the employee's average weekly wage but in  no
    55  case  shall  such  benefit exceed fifty percent of the statewide average

        S. 3301--A                          5
 
     1  weekly wage as determined by  the  department  pursuant  to  subdivision
     2  sixteen of section two of this chapter.
     3    § 6. Section 205 of the workers' compensation law, as added by chapter
     4  600  of the laws of 1949, subdivision 1 as amended by chapter 651 of the
     5  laws of 1958, subdivision 2 as amended by chapter 270  of  the  laws  of
     6  1990,  subdivision  5 as amended by chapter 288 of the laws of 1970, and
     7  subdivisions 3, 4, 5, 6, 7 and 8 as renumbered by  chapter  352  of  the
     8  laws of 1981, is amended to read as follows:
     9    §  205.  Disabilities, family leave and [disability] periods for which
    10  benefits are not payable. 1. No employee shall be entitled to disability
    11  benefits under this article:
    12    [1. For] (a) for more than twenty-six weeks during a period of  fifty-
    13  two  consecutive  calendar weeks or during any one period of disability,
    14  or for more than twenty-six weeks minus any days taken for family  leave
    15  during any fifty-two consecutive calendar weeks;
    16    [2.]  (b) for any period of disability during which an employee is not
    17  under the care of a duly licensed [physician or with respect to disabil-
    18  ity resulting from a condition of the foot which may lawfully be treated
    19  by a duly registered and licensed podiatrist of the state of New York or
    20  with respect to a  disability  resulting  from  a  condition  which  may
    21  lawfully  be  treated  by a duly registered and licensed chiropractor of
    22  the state of New York or with respect to a disability resulting  from  a
    23  condition  which  may  lawfully be treated by a duly licensed dentist of
    24  the state of New York or with respect to a disability resulting  from  a
    25  condition  which  may  lawfully  be  treated  by  a  duly registered and
    26  licensed psychologist of the state of New York  or  with  respect  to  a
    27  disability resulting from a condition which may lawfully be treated by a
    28  duly  certified nurse midwife,] health care provider; and for any period
    29  of such disability during which an employee is neither under the care of
    30  a physician nor a podiatrist, nor a chiropractor, nor a dentist,  nor  a
    31  psychologist, nor a certified nurse midwife; and for any period of disa-
    32  bility during which an employee who adheres to the faith or teachings of
    33  any  church or denomination and who in accordance with its creed, tenets
    34  or principles depends for healing upon prayer  through  spiritual  means
    35  alone  in  the  practice of religion, is not under the care of a practi-
    36  tioner duly accredited by the church or denomination, and provided  such
    37  employee  shall  submit to all physical examinations as required by this
    38  chapter.
    39    2. No employee shall be entitled to family leave benefits  under  this
    40  article:
    41    (a)  for  more  than twelve weeks during a period of fifty-two consec-
    42  utive calendar weeks, or when an employee has already  received  twenty-
    43  six  weeks of disability benefits, or for any period in which the family
    44  leave combined with the disability benefits    previously  paid  exceeds
    45  twenty-six weeks during the same fifty-two consecutive calendar weeks;
    46    (b)  for  any  period  of family leave wherein the notice  and medical
    47  certification as prescribed by the chair has  not  been  filed.  At  the
    48  discretion  of  the chair or chair's  designee, the family member who is
    49  the recipient of care may be required to submit to a  physical  examina-
    50  tion by a qualified health care provider. Such examination shall be paid
    51  for by the carrier.
    52    (c)  as  a  condition of an employee's initial receipt of family leave
    53  benefits during any twelve-month period in which an employee is eligible
    54  for these benefits, an employer may require  an employee who has accrued
    55  but unused vacation time or  personal leave available at the time of use
    56  of available family leave to choose whether to charge  time  to  accrued

        S. 3301--A                          6
 
     1  but  unused  vacation  or personal leave, and receive full salary, or to
     2  not charge time to accrued but unused vacation or  personal  leave,  and
     3  receive  the  benefit  as set forth in section two  hundred four of this
     4  article. With the election of either  option, the employee shall receive
     5  the  full protection of the reinstatement provision set forth in section
     6  two hundred three-b of this article, and shall concurrently  use  avail-
     7  able family medical leave act and paid family leave credits. In no event
     8  can  an  employee  utilize family leave beyond the twelve weeks  per any
     9  fifty-two week period set forth in this article. This  paragraph may not
    10  be construed in a manner that  relieves  an  employer  of  any  duty  of
    11  collective bargaining the employer  may have with respect to the subject
    12  matter of this paragraph.
    13    3.  No  employee shall be entitled to disability or family leave bene-
    14  fits under this article:
    15    (a) for any disability occasioned  by  the  wilful  intention  of  the
    16  employee to bring about injury to or the sickness of himself or another,
    17  or  resulting  from any injury or sickness sustained in the perpetration
    18  by the employee of an illegal act;
    19    [4.] (b) for any day of disability or family leave  during  which  the
    20  employee performed work for remuneration or profit;
    21    [5.]  (c)  for  any  day  of  disability or family leave for which the
    22  employee is entitled to receive from his or her employer, or from a fund
    23  to which the employer has contributed, remuneration or maintenance in an
    24  amount equal to or greater than that to which he or she would  be  enti-
    25  tled  under this article; but any voluntary contribution or aid which an
    26  employer may make to an employee or any supplementary benefit paid to an
    27  employee pursuant to the provisions of a collective bargaining agreement
    28  or from a trust fund to which contributions are  made  pursuant  to  the
    29  provisions  of a collective bargaining agreement shall not be considered
    30  as continued remuneration or maintenance for this purpose;
    31    [6.] (d) for any period in respect to which such employee  is  subject
    32  to  suspension  or  disqualification of the accumulation of unemployment
    33  insurance benefit rights, or would be subject if he or she were eligible
    34  for such benefit rights, except for  ineligibility  resulting  from  the
    35  employee's disability;
    36    [7.]  (e)  for any disability due to any act of war, declared or unde-
    37  clared[, if such act shall occur after June thirtieth, nineteen  hundred
    38  fifty];
    39    [8.]  (f)  for  any  disability  or family leave commencing before the
    40  employee becomes eligible to benefits [hereunder or commencing prior  to
    41  July first, nineteen hundred fifty, but this shall not preclude benefits
    42  for recurrence after July first, nineteen hundred fifty, of a disability
    43  commencing prior thereto] under this section.
    44    4.  An employee who has given birth shall select whether she will seek
    45  benefits pursuant to subdivision one or two of this section. An employee
    46  may not seek benefits concurrently under both subdivisions one  and  two
    47  of this section following childbirth.
    48    § 7. Section 209 of the workers' compensation law, as added by chapter
    49  600  of the laws of 1949, subdivision 3 as amended by chapter 415 of the
    50  laws of 1983 and subdivision 4 as amended by chapter 134 of the laws  of
    51  1952, is amended to read as follows:
    52    § 209. Contribution of employees for disability and family leave bene-
    53  fits. 1.  Every employee in the employment of a covered employer shall[,
    54  on  and  after January first, nineteen hundred fifty,] contribute to the
    55  cost of providing disability  and  after  January  first,  two  thousand

        S. 3301--A                          7

     1  seventeen,  family  leave benefits under this article, to the extent and
     2  in the manner herein provided.
     3    2.  The special contribution of each such employee to the accumulation
     4  of funds to  provide  benefits  for  disabled  unemployed  shall  be  as
     5  provided  in  subdivision  one  of  section two hundred fourteen of this
     6  article.
     7    3. (a) Disability benefits. The contribution of each such employee  to
     8  the  cost  of disability benefits provided by this article shall be one-
     9  half of one per centum of the employee's wages paid to him or her on and
    10  after July first, nineteen hundred fifty, but not  in  excess  of  sixty
    11  cents per week.
    12    (b)  Family  leave  benefits. On September first, two thousand sixteen
    13  and annually thereafter the superintendent of financial  services  shall
    14  set  the  maximum  employee  contribution, using the reports provided in
    15  section two hundred eight of this article, and consistent with the prin-
    16  ciple that the costs of  family  leave  should  be  funded  one  hundred
    17  percent by employee payroll contribution.
    18    4. Notwithstanding any other provision of law, the employer is author-
    19  ized  to collect from his employees, except as otherwise provided in any
    20  plan or agreement under the provisions of subdivisions four or  five  of
    21  section two hundred eleven, the contribution provided under subdivisions
    22  two  and  three,  through  payroll deductions. If the employer shall not
    23  make deduction for any payroll period he may thereafter, but  not  later
    24  than one month after payment of wages, collect such contribution through
    25  payroll deduction.
    26    5.  In  collecting  employee contributions through payroll deductions,
    27  the employer shall act as the agent of his employees and shall  use  the
    28  contributions  only  to  provide disability benefits as required by this
    29  article. After June thirtieth, nineteen hundred fifty, if  the  employer
    30  is  not  providing,  or to the extent that he is not then providing, for
    31  the payment of disability benefits to his employees by insuring with the
    32  state fund or with another insurance carrier, he shall keep the contrib-
    33  utions of his employees as trust funds separate and apart from all other
    34  funds of the employer. The payment of such contributions by the employer
    35  to a carrier providing for the payment of such benefits shall  discharge
    36  the employer from responsibility with respect to such contributions.
    37    § 8. Section 211 of the workers' compensation law is amended by adding
    38  two new subdivisions 7 and 8 to read as follows:
    39    7. such family care benefits as are provided for in this article shall
    40  be  in addition to, and shall not amend, repeal or replace, the terms of
    41  any agreement that is collectively negotiated between an employer and an
    42  employee  organization,  including  agreement  or  interest  arbitration
    43  awards made pursuant to article fourteen of the civil service law.
    44    8.  nothing  in this article shall require an employer to use the same
    45  carrier to provide benefits required by or permissible under this  arti-
    46  cle  for  disability  resulting from injury, sickness to or pregnancy of
    47  the employee as it uses to provide benefits required by  or  permissible
    48  under  this  article  for  family  care. An employer may use a different
    49  means, among those set forth in subdivisions one through  five  of  this
    50  section,  to  provide  benefits  required by this article for disability
    51  resulting from injury or sickness to or pregnancy of the employee,  from
    52  the  means  used to provide benefits required by this article for family
    53  care.
    54    § 9. The workers' compensation law is amended by adding a new  section
    55  211-a to read as follows:

        S. 3301--A                          8
 
     1    §  211-a.  Public  employees; employee option. 1. For purposes of this
     2  section:
     3    (a)  "Public  employee" means any employee of the state, any political
     4  subdivision of the state, a public authority, or any other  governmental
     5  agency or instrumentality.
     6    (b)  "Public  employer"  means the state, any political subdivision of
     7  the state, a public authority,  or  any  other  governmental  agency  or
     8  instrumentality thereof.
     9    (c)  "Employee  organization"  shall  have  the  meaning  set forth in
    10  section two hundred one of the civil service law.
    11    2. Public employers shall provide benefits for family care  to  public
    12  employees  where  an  employee organization that represents those public
    13  employees elects to have family care  benefits  provided  in  accordance
    14  with  the  procedures  and  terms set forth in subdivision three of this
    15  section.
    16    3. An employee organization may elect to  have  family  care  benefits
    17  provided on behalf of the public employees it represents:
    18    (a)  at  any time upon ninety days notice to any public employer which
    19  is not providing disability benefits for injury, sickness  or  pregnancy
    20  of  a  public employee under section two hundred twelve of this article,
    21  or which is self-insured for such benefits;
    22    (b) for any public employer which is providing disability benefits for
    23  injury, sickness or pregnancy of a public  employee  under  section  two
    24  hundred  twelve  of this article, upon notice at least ninety days prior
    25  to the expiration of the public employer's  insurance  policy  for  such
    26  benefits,  which  election  shall  be effective only for the time period
    27  covered by any subsequent policy or renewal; or
    28    (c) at any time as is mutually agreed upon between the employee organ-
    29  ization and any public  employer.  An  employee  organization  that  has
    30  elected to have the family care benefit provided may opt out of it with-
    31  in  the  time  periods,  and effective upon the same dates, set forth in
    32  this paragraph.
    33    4. In the absence of any contrary statement in a collectively  negoti-
    34  ated agreement under article fourteen of the civil service law, a public
    35  employer  may  require public employees who opt in under this section to
    36  contribute the family care cost as set forth in section two hundred nine
    37  of this article.
    38    § 10. Subdivisions 1, 2, 3 and  4  of  section  217  of  the  workers'
    39  compensation law, subdivision 1 as amended by chapter 167 of the laws of
    40  1999,  subdivisions  2  and  3  as amended by chapter 270 of the laws of
    41  1990, and subdivision 4 as added by chapter 600 of the laws of 1949, are
    42  amended to read as follows:
    43    1. (a) Written notice and proof of disability shall  be  furnished  to
    44  the  employer  by  or on behalf of the employee claiming benefits or, in
    45  the case of a claimant under section two hundred seven of this  article,
    46  to  the  chair,  within  thirty days after commencement of the period of
    47  disability. Additional proof shall be furnished thereafter from time  to
    48  time  as the employer or carrier or chair may require but not more often
    49  than once each week. Such proof shall include:
    50    (i) in the case of disability resulting from injury, sickness or preg-
    51  nancy of the employee, a  statement  of  disability  by  the  employee's
    52  attending  [physician  or attending podiatrist or attending chiropractor
    53  or attending dentist or attending psychologist  or  attending  certified
    54  nurse midwife, or in the case of an employee who adheres to the faith or
    55  teachings  of any church or denomination, and who in accordance with its
    56  creed, tenets or principles depends  for  healing  upon  prayer  through

        S. 3301--A                          9

     1  spiritual  means  alone  in  the  practice of religion, by an accredited
     2  practitioner, containing facts and opinions as  to  such  disability  in
     3  compliance with regulations of the chair.] health care provider; and
     4    (ii)  in the case of family care for bonding with a new child, a birth
     5  certificate, certificate of adoption, or other competent evidence  show-
     6  ing  that  the employee is the parent of a child within twelve months of
     7  that child's birth or placement for adoption or  foster  care  with  the
     8  employee.
     9    (b)  Failure  to  furnish  notice  or proof within the time and in the
    10  manner [above] provided in paragraph (a) of this subdivision  shall  not
    11  invalidate  the  claim  but no benefits shall be required to be paid for
    12  any period more than two weeks prior to the date on which  the  required
    13  proof  is  furnished unless it shall be shown to the satisfaction of the
    14  chair not to have been reasonably possible to  furnish  such  notice  or
    15  proof  and  that such notice or proof was furnished as soon as possible;
    16  provided, however, that no benefits shall be paid  unless  the  required
    17  proof of disability is furnished within twenty-six weeks after commence-
    18  ment  of  the  period of disability.   No limitation of time provided in
    19  this section shall run as against any person who  is  mentally  incompe-
    20  tent,  or physically incapable of providing such notice as a result of a
    21  serious medical condition, or a minor so long  as  such  person  has  no
    22  guardian of the person and/or property.
    23    2.  An  employee claiming benefits for the employee's injury, sickness
    24  or pregnancy shall, as requested by  the  employer  or  carrier,  submit
    25  himself  or  herself  at  intervals,  but not more than once a week, for
    26  examination by a [physician or podiatrist or chiropractor or dentist  or
    27  psychologist  or  certified nurse midwife] relevant health care provider
    28  designated by the employer or carrier. All such  examinations  shall  be
    29  without  cost to the employee and shall be held at a reasonable time and
    30  place.
    31    3. The chair may direct the claimant who seeks disability benefits for
    32  his or her injury, sickness or pregnancy to submit to examination  by  a
    33  [physician  or  podiatrist  or  chiropractor or dentist or psychologist]
    34  relevant health care provider designated by him or her in  any  case  in
    35  which  the claim to disability benefits is contested and in claims aris-
    36  ing under section two hundred seven of this article, and in other  cases
    37  as the chair or board may require.
    38    4.  Refusal  of  the claimant without good cause to submit to any such
    39  examination shall disqualify [him] the claimant from all benefits  here-
    40  under  for  the  period  of  such refusal, except as to benefits already
    41  paid.
    42    § 11. Subdivision 2 of section 229 of the workers'  compensation  law,
    43  as  added  by  chapter  271  of  the laws of 1985, is amended to read as
    44  follows:
    45    2. (a) Whenever an employee of a covered employer who is eligible  for
    46  benefits  under section two hundred four of this article shall be absent
    47  from work due to a disability as defined in subdivision nine of  section
    48  two  hundred  one  of this article for more than seven consecutive days,
    49  the employer shall provide the employee with a written statement of  the
    50  employee's rights under this article in a form prescribed by the [chair-
    51  man]  chair. The statement shall be provided to the employee within five
    52  business days after the employee's seventh consecutive  day  of  absence
    53  due  to disability or within five business days after the employer knows
    54  or should know that the employee's absence is due to disability,  which-
    55  ever is later.

        S. 3301--A                         10
 
     1    (b) Each covered employer shall provide each employee with a typewrit-
     2  ten,  printed  or  electronic  notice in a form prescribed by the chair,
     3  stating that the employer has provided for  the  payment  of  disability
     4  benefits as required by this article within thirty days of the effective
     5  date of this paragraph.  Each covered employer shall provide such notice
     6  to all new employees within thirty days of their first day of work.
     7    § 12. Subdivision 2 of section 76 of the workers' compensation law, as
     8  added by chapter 600 of the laws of 1949, is amended to read as follows:
     9    2.  The purposes of the state insurance fund herein created are hereby
    10  enlarged to provide [for the] insurance [by the state insurance fund of]
    11  for the payment of the benefits required by section two hundred four  of
    12  this  chapter, including benefits for family care provided either in the
    13  same policy with or in a separate policy from  benefits  for  disability
    14  resulting from injury or sickness to or pregnancy of an employee, and as
    15  provided  pursuant  to  section two hundred eleven-a of this chapter.  A
    16  separate fund is hereby created within the state insurance  fund,  which
    17  shall  be  known  as  the  "disability  benefits  fund", and which shall
    18  consist of all premiums received and paid into said fund on  account  of
    19  such insurance, all securities acquired by and through the use of moneys
    20  belonging  to  said fund and of interest earned upon moneys belonging to
    21  said fund and deposited or invested as herein provided.  Said disability
    22  benefits fund shall be applicable to the payment of  benefits,  expenses
    23  and assessments on account of insurance written pursuant to article nine
    24  of this chapter.
    25    §  13.  Paragraph 3 of subsection (a) of section 1113 of the insurance
    26  law is amended to read as follows:
    27    (3) "Accident and health insurance," means (i) insurance against death
    28  or personal injury by accident or by any  specified  kind  or  kinds  of
    29  accident  and  insurance  against  sickness,  ailment  or bodily injury,
    30  including insurance providing disability benefits  pursuant  to  article
    31  nine  of  the  workers'  compensation law, including any insurance under
    32  such article  for  family  care  benefits,  and/or  disability  benefits
    33  resulting  from  injury, sickness or pregnancy of an employee, except as
    34  specified in item (ii) [hereof] of this paragraph; and (ii) non-cancell-
    35  able disability insurance, meaning insurance against disability  result-
    36  ing  from  sickness,  ailment  or bodily injury (but excluding insurance
    37  solely against accidental injury) under any contract which does not give
    38  the insurer the option to cancel or otherwise terminate the contract  at
    39  or after one year from its effective date or renewal date.
    40    § 14. This act shall take effect immediately.
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