Bill Text: NY S06741 | 2013-2014 | General Assembly | Introduced
Bill Title: Establishes family care leave benefits within the disability provisions of the workers' compensation law; such benefits provide up to six 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.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2014-03-05 - REFERRED TO LABOR [S06741 Detail]
Download: New_York-2013-S06741-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6741 I N S E N A T E March 5, 2014 ___________ Introduced by Sens. SAVINO, KLEIN, VALESKY, CARLUCCI, AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Labor 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 S 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: 23 A. LESS THAN EIGHTEEN YEARS OF AGE; OR 24 B. EIGHTEEN YEARS OF AGE OR OLDER AND INCAPABLE OF SELF-CARE BECAUSE 25 OF A MENTAL OR PHYSICAL DISABILITY. 26 17. "DOMESTIC PARTNER" HAS THE SAME MEANING SET FORTH IN SUBDIVISION 27 ONE OF SECTION FOUR OF THIS CHAPTER. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13578-02-4 S. 6741 2 1 18. "SERIOUS HEALTH CONDITION" MEANS AN ILLNESS, INJURY, IMPAIRMENT, 2 OR PHYSICAL OR MENTAL CONDITION THAT: 3 A. REQUIRES INPATIENT CARE IN A HOSPITAL, HOSPICE OR RESIDENTIAL 4 HEALTH CARE FACILITY; OR 5 B. REQUIRES CONTINUING TREATMENT BY A HEALTH CARE PROVIDER. 6 19. "PARENT" MEANS A BIOLOGICAL OR ADOPTIVE PARENT OR STEP-PARENT OF 7 AN EMPLOYEE, OR A PERSON WHO STOOD IN PARENTAL RELATIONSHIP TO AN 8 EMPLOYEE WHEN THE EMPLOYEE WAS: 9 A. LESS THAN EIGHTEEN YEARS OF AGE; OR 10 B. EIGHTEEN YEARS OF AGE OR OLDER AND INCAPABLE OF SELF-CARE BECAUSE 11 OF A MENTAL OR PHYSICAL DISABILITY. 12 20. "FAMILY MEMBER" MEANS A CHILD, SPOUSE, DOMESTIC PARTNER, PARENT, 13 GRANDCHILD, GRANDPARENT, OR MOTHER OR FATHER OF A DOMESTIC PARTNER. 14 21. "PERSONS WHO STAND IN PARENTAL RELATIONSHIP TO A CHILD" INCLUDE 15 THOSE WITH DAY-TO-DAY RESPONSIBILITIES TO CARE FOR AND PROVIDE FINANCIAL 16 SUPPORT OF A CHILD, OR, IN THE CASE OF AN EMPLOYEE, WHO HAD SUCH RESPON- 17 SIBILITY FOR THE EMPLOYEE WHEN THE EMPLOYEE WAS A CHILD. A BIOLOGICAL OR 18 LEGAL RELATIONSHIP SHALL NOT BE NECESSARY. 19 22. "GRANDCHILD" MEANS THE CHILD OF A CHILD. 20 23. "HEALTH CARE PROVIDER" MEANS A HEALTH CARE PRACTITIONER WHO IS 21 LICENSED UNDER THE RELEVANT FEDERAL OR STATE LAWS TO PROVIDE MEDICAL, 22 EMERGENCY OR HEALTH SERVICES, AND IS TREATING AN EMPLOYEE OR A FAMILY 23 MEMBER FOR A SERIOUS HEALTH CONDITION. 24 S 3. Section 202 of the workers' compensation law is amended by adding 25 a new subdivision 1-a to read as follows: 26 1-A. SOLELY FOR THE PURPOSES OF THE PROVISIONS OF THIS ARTICLE RELAT- 27 ING TO THE PROVISION OF BENEFITS, RIGHTS AND PRIVILEGES RELATING TO 28 FAMILY CARE LEAVE, "COVERED EMPLOYER" SHALL INCLUDE THE STATE OR ANY 29 POLITICAL OR CIVIL SUBDIVISION THEREOF, AND EMPLOYERS WITH TWENTY-FIVE 30 OR MORE EMPLOYEES. 31 S 4. The workers' compensation law is amended by adding two new 32 sections 203-a and 203-b to read as follows: 33 S 203-A. RETALIATORY ACTION PROHIBITED. 1. THE PROVISIONS OF SECTION 34 ONE HUNDRED TWENTY OF THIS CHAPTER AND SECTION TWO HUNDRED FORTY-ONE OF 35 THIS ARTICLE SHALL BE APPLICABLE TO FAMILY CARE LEAVE AS IF FULLY SET 36 FORTH IN THIS SECTION. 37 2. NOTHING IN THIS SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS, 38 PRIVILEGES OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE BARGAINING 39 AGREEMENT OR EMPLOYMENT CONTRACT; EXCEPT THAT THE INSTITUTION OF AN 40 ACTION IN ACCORDANCE WITH THIS SECTION SHALL BE DEEMED A WAIVER OF THE 41 RIGHTS AND REMEDIES AVAILABLE UNDER ANY OTHER CONTRACT OR COLLECTIVE 42 BARGAINING AGREEMENT. 43 S 203-B. FAMILY CARE LEAVE. ANY ELIGIBLE EMPLOYEE OF A COVERED EMPLOY- 44 ER WHO TAKES FAMILY CARE LEAVE ON OR AFTER JANUARY FIRST, TWO THOUSAND 45 FIFTEEN UNDER THIS SECTION SHALL BE ENTITLED, ON RETURN FROM SUCH LEAVE, 46 TO BE RESTORED BY HIS OR HER EMPLOYER TO THE POSITION OF EMPLOYMENT HELD 47 BY THE EMPLOYEE WHEN THE LEAVE COMMENCED, OR TO BE RESTORED TO A COMPA- 48 RABLE POSITION WITH COMPARABLE EMPLOYMENT BENEFITS, PAY AND OTHER TERMS 49 AND CONDITIONS OF EMPLOYMENT. THE TAKING OF LEAVE FOR THE PURPOSE OF 50 FAMILY CARE SHALL NOT RESULT IN THE LOSS OF ANY EMPLOYMENT BENEFIT 51 ACCRUED PRIOR TO THE DATE ON WHICH THE LEAVE COMMENCED. NOTHING IN THIS 52 SECTION SHALL BE CONSTRUED TO ENTITLE ANY RESTORED EMPLOYEE TO THE 53 ACCRUAL OF ANY SENIORITY OR EMPLOYMENT BENEFITS DURING ANY PERIOD OF 54 LEAVE, OR ANY RIGHT, BENEFIT OR POSITION TO WHICH THE EMPLOYEE WOULD 55 HAVE BEEN ENTITLED HAD THE EMPLOYEE NOT TAKEN SUCH LEAVE. A VIOLATION OF 56 THIS SECTION SHALL BE A VIOLATION OF SECTION ONE HUNDRED TWENTY OF THIS S. 6741 3 1 CHAPTER, AND ALL REMEDIES AND PENALTIES AVAILABLE UNDER SECTION ONE 2 HUNDRED TWENTY OF THIS CHAPTER SHALL BE AVAILABLE FOR VIOLATIONS OF THIS 3 SECTION AS IF FULLY SET FORTH IN THIS SECTION. 4 S 5. Section 204 of the workers' compensation law is amended by adding 5 a new subdivision 3 to read as follows: 6 3. THE WEEKLY BENEFIT WHICH AN EMPLOYEE ON FAMILY CARE LEAVE IS ENTI- 7 TLED TO RECEIVE FOR DISABILITY COMMENCING ON OR AFTER JANUARY FIRST, TWO 8 THOUSAND FIFTEEN, BUT BEFORE JANUARY FIRST, TWO THOUSAND SIXTEEN, SHALL 9 BE FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE, BUT IN NO CASE 10 SHALL SUCH BENEFIT EXCEED THIRTY-FIVE PERCENT OF THE STATEWIDE AVERAGE 11 WEEKLY WAGE AS DETERMINED BY THE DEPARTMENT PURSUANT TO SUBDIVISION 12 SIXTEEN OF SECTION TWO OF THIS CHAPTER. THE WEEKLY BENEFIT WHICH THE 13 DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR DISABILITY COMMENCING ON OR 14 AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, BUT BEFORE JANUARY FIRST, TWO 15 THOUSAND SEVENTEEN, SHALL BE FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE 16 WEEKLY WAGE, BUT IN NO CASE SHALL SUCH BENEFIT EXCEED FORTY PERCENT OF 17 THE STATEWIDE AVERAGE WEEKLY WAGE AS DETERMINED BY THE DEPARTMENT PURSU- 18 ANT TO SUBDIVISION SIXTEEN OF SECTION TWO OF THIS CHAPTER. THE WEEKLY 19 BENEFIT WHICH THE DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR DISABILI- 20 TY COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN SHALL BE 21 FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE, BUT IN NO CASE 22 SHALL SUCH BENEFIT EXCEED FIFTY PERCENT OF THE STATEWIDE AVERAGE WEEKLY 23 WAGE AS DETERMINED BY THE DEPARTMENT PURSUANT TO SUBDIVISION SIXTEEN OF 24 SECTION TWO OF THIS CHAPTER. 25 S 6. Subdivisions 1, 2, 3, 4, and 8 of section 205 of the workers' 26 compensation law, subdivision 1 as amended by chapter 651 of the laws of 27 1958, subdivision 2 as amended by chapter 270 of the laws of 1990 and 28 subdivisions 3, 4 and 8 as added by chapter 600 of the laws of 1949 and 29 as renumbered by chapter 352 of the laws of 1981, are amended and a new 30 subdivision 9 is added to read as follows: 31 1. (A) For DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF 32 AN EMPLOYEE, FOR more than twenty-six weeks during a period of fifty-two 33 consecutive calendar weeks or during any one period of disability, OR 34 (B) FOR FAMILY CARE, FOR MORE THAN SIX WEEKS DURING A PERIOD OF 35 FIFTY-TWO CONSECUTIVE CALENDAR WEEKS OR DURING ANY ONE PERIOD OF FAMILY 36 CARE; 37 2. for any period of disability RESULTING FROM THE INJURY, SICKNESS OR 38 PREGNANCY OF AN EMPLOYEE during which an employee is not under the care 39 of a duly licensed physician or with respect to disability resulting 40 from a condition of the foot which may lawfully be treated by a duly 41 registered and licensed podiatrist of the state of New York or with 42 respect to a disability resulting from a condition which may lawfully be 43 treated by a duly registered and licensed chiropractor of the state of 44 New York or with respect to a disability resulting from a condition 45 which may lawfully be treated by a duly licensed dentist of the state of 46 New York or with respect to a disability resulting from a condition 47 which may lawfully be treated by a duly registered and licensed psychol- 48 ogist of the state of New York or with respect to a disability resulting 49 from a condition which may lawfully be treated by a duly certified nurse 50 midwife, for any period of such disability during which an employee is 51 neither under the care of a physician nor a podiatrist, nor a chiroprac- 52 tor, nor a dentist, nor a psychologist, nor a certified nurse midwife; 53 and for any period of disability during which an employee who adheres to 54 the faith or teachings of any church or denomination and who in accord- 55 ance with its creed, tenets or principles depends for healing upon pray- 56 er through spiritual means alone in the practice of religion, is not S. 6741 4 1 under the care of a practitioner duly accredited by the church or denom- 2 ination, and provided such employee shall submit to all physical exam- 3 inations as required by this chapter[.]; 4 3. for any disability RESULTING FROM INJURY OR SICKNESS OF AN EMPLOYEE 5 occasioned by the wilful intention of the employee to bring about injury 6 to or the sickness of himself or another, or resulting from any injury 7 or sickness sustained in the perpetration by the employee of an illegal 8 act; 9 4. for any day of disability during which the employee performed work 10 for remuneration or profit, BUT NOT INCLUDING ANY REMUNERATION RECEIVED 11 FOR CARING FOR A FOSTER OR ADOPTED CHILD OR OTHER INDIVIDUAL RESIDING IN 12 THE EMPLOYEE'S PLACE OF RESIDENCE; 13 8. for any disability RESULTING FROM AN INJURY, SICKNESS OR PREGNANCY 14 OF THE EMPLOYEE commencing before the employee becomes eligible to bene- 15 fits hereunder [or commencing prior to July first, nineteen hundred 16 fifty, but this shall not preclude benefits for recurrence after July 17 first, nineteen hundred fifty, of a disability commencing prior there- 18 to.]; OR 19 9. FOR ANY DAY OF ABSENCE FROM WORK REQUIRED PURSUANT TO ANY DISCIPLI- 20 NARY PROCESS, OR, WITH REGARD TO FAMILY CARE BENEFITS, ANY DAY OF 21 ABSENCE FROM WORK RESULTING FOR INJURY, SICKNESS OR PREGNANCY OF THE 22 EMPLOYEE, INCLUDING ANY LEAVE TAKEN UNDER SECTION SEVENTY-THREE OR 23 SEVENTY-FIVE OF THE CIVIL SERVICE LAW. 24 S 7. The workers' compensation law is amended by adding a new section 25 205-a to read as follows: 26 S 205-A. RELATIONSHIP BETWEEN DISABILITY BENEFITS FOR FAMILY CARE AND 27 FOR THE EMPLOYEE'S OWN INJURY, SICKNESS OR PREGNANCY. THE RECEIPT OF 28 BENEFITS FOR DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF 29 THE EMPLOYEE, SHALL NOT COUNT TOWARD ANY TIME LIMITATION UNDER SUBDIVI- 30 SION ONE OF SECTION TWO HUNDRED FIVE OF THIS ARTICLE ON THE RECEIPT OF 31 BENEFITS FOR FAMILY CARE, AND THE RECEIPT OF BENEFITS FOR FAMILY CARE 32 SHALL NOT COUNT TOWARD ANY TIME LIMITATION UNDER SUBDIVISION ONE OF 33 SECTION TWO HUNDRED FIVE OF THIS ARTICLE ON THE RECEIPT OF BENEFITS FOR 34 DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY TO THE EMPLOYEE, 35 EXCEPT THAT AN EMPLOYEE MAY RECEIVE DISABILITY BENEFITS ON ONLY ONE 36 CLAIM AT ANY TIME. 37 S 8. Subdivision 3 of section 209 of the workers' compensation law, as 38 amended by chapter 415 of the laws of 1983, is amended and a new subdi- 39 vision 6 is added to read as follows: 40 3. The contribution of each such employee to the cost of disability 41 benefits provided by this article shall be one-half of one per centum of 42 the employee's wages paid to him on and after July first, nineteen 43 hundred fifty, but not in excess of sixty cents per week FOR THE COST OF 44 DISABILITY BENEFITS FOR INJURY, SICKNESS OR PREGNANCY OF THE EMPLOYEE. 45 6. EFFECTIVE DURING THE TWO THOUSAND FIFTEEN CALENDAR YEAR FAMILY CARE 46 BENEFITS SHALL BE PROVIDED AT NO COST TO AN ELIGIBLE EMPLOYEE THROUGH 47 THE STATE GENERAL FUND. THIS EXACT LEVEL OF FUNDING SHALL BE PROVIDED BY 48 THE STATE EACH CALENDAR YEAR FOR FAMILY CARE BENEFITS. DURING EVERY 49 SUBSEQUENT CALENDAR YEAR, THE CONTRIBUTION OF EACH SUCH EMPLOYEE TO THE 50 COST OF FAMILY CARE BENEFITS SHALL BE SET BY REGULATION OF THE SUPER- 51 INTENDENT OF FINANCIAL SERVICES. EMPLOYERS SHALL NOT CONTRIBUTE TOWARD 52 THE COST OF FAMILY CARE BENEFITS. 53 S 9. Section 211 of the workers' compensation law is amended by adding 54 two new subdivisions 7 and 8 to read as follows: 55 7. SUCH FAMILY CARE BENEFITS AS ARE PROVIDED FOR IN THIS ARTICLE SHALL 56 BE IN ADDITION TO, AND SHALL NOT AMEND, REPEAL OR REPLACE, THE TERMS OF S. 6741 5 1 ANY AGREEMENT THAT IS COLLECTIVELY NEGOTIATED BETWEEN AN EMPLOYER AND AN 2 EMPLOYEE ORGANIZATION, INCLUDING AGREEMENT OR INTEREST ARBITRATION 3 AWARDS MADE PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. 4 8. NOTHING IN THIS ARTICLE SHALL REQUIRE AN EMPLOYER TO USE THE SAME 5 CARRIER TO PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE UNDER THIS ARTI- 6 CLE FOR DISABILITY RESULTING FROM INJURY, SICKNESS TO OR PREGNANCY OF 7 THE EMPLOYEE AS IT USES TO PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE 8 UNDER THIS ARTICLE FOR FAMILY CARE. AN EMPLOYER MAY USE A DIFFERENT 9 MEANS, AMONG THOSE SET FORTH IN SUBDIVISIONS ONE THROUGH FIVE OF THIS 10 SECTION, TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE FOR DISABILITY 11 RESULTING FROM INJURY OR SICKNESS TO OR PREGNANCY OF THE EMPLOYEE, FROM 12 THE MEANS USED TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE FOR FAMILY 13 CARE. 14 S 10. The workers' compensation law is amended by adding a new section 15 211-a to read as follows: 16 S 211-A. PUBLIC EMPLOYEES; EMPLOYEE OPTION. 1. FOR PURPOSES OF THIS 17 SECTION: 18 (A) "PUBLIC EMPLOYEE" MEANS ANY EMPLOYEE OF THE STATE, ANY POLITICAL 19 SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY, OR ANY OTHER GOVERNMENTAL 20 AGENCY OR INSTRUMENTALITY. 21 (B) "PUBLIC EMPLOYER" MEANS THE STATE, ANY POLITICAL SUBDIVISION OF 22 THE STATE, A PUBLIC AUTHORITY, OR ANY OTHER GOVERNMENTAL AGENCY OR 23 INSTRUMENTALITY THEREOF. 24 (C) "EMPLOYEE ORGANIZATION" SHALL HAVE THE MEANING SET FORTH IN 25 SECTION TWO HUNDRED ONE OF THE CIVIL SERVICE LAW. 26 2. PUBLIC EMPLOYERS SHALL PROVIDE BENEFITS FOR FAMILY CARE TO PUBLIC 27 EMPLOYEES WHERE AN EMPLOYEE ORGANIZATION THAT REPRESENTS THOSE PUBLIC 28 EMPLOYEES ELECTS TO HAVE FAMILY CARE BENEFITS PROVIDED IN ACCORDANCE 29 WITH THE PROCEDURES AND TERMS SET FORTH IN SUBDIVISION THREE OF THIS 30 SECTION. 31 3. AN EMPLOYEE ORGANIZATION MAY ELECT TO HAVE FAMILY CARE BENEFITS 32 PROVIDED ON BEHALF OF THE PUBLIC EMPLOYEES IT REPRESENTS: 33 (A) AT ANY TIME UPON NINETY DAYS NOTICE TO ANY PUBLIC EMPLOYER WHICH 34 IS NOT PROVIDING DISABILITY BENEFITS FOR INJURY, SICKNESS OR PREGNANCY 35 OF A PUBLIC EMPLOYEE UNDER SECTION TWO HUNDRED TWELVE OF THIS ARTICLE, 36 OR WHICH IS SELF-INSURED FOR SUCH BENEFITS; 37 (B) FOR ANY PUBLIC EMPLOYER WHICH IS PROVIDING DISABILITY BENEFITS FOR 38 INJURY, SICKNESS OR PREGNANCY OF A PUBLIC EMPLOYEE UNDER SECTION TWO 39 HUNDRED TWELVE OF THIS ARTICLE, UPON NOTICE AT LEAST NINETY DAYS PRIOR 40 TO THE EXPIRATION OF THE PUBLIC EMPLOYER'S INSURANCE POLICY FOR SUCH 41 BENEFITS, WHICH ELECTION SHALL BE EFFECTIVE ONLY FOR THE TIME PERIOD 42 COVERED BY ANY SUBSEQUENT POLICY OR RENEWAL; OR 43 (C) AT ANY TIME AS IS MUTUALLY AGREED UPON BETWEEN THE EMPLOYEE ORGAN- 44 IZATION AND ANY PUBLIC EMPLOYER. AN EMPLOYEE ORGANIZATION THAT HAS 45 ELECTED TO HAVE THE FAMILY CARE BENEFIT PROVIDED MAY OPT OUT OF IT WITH- 46 IN THE TIME PERIODS, AND EFFECTIVE UPON THE SAME DATES, SET FORTH IN 47 THIS PARAGRAPH. 48 4. IN THE ABSENCE OF ANY CONTRARY STATEMENT IN A COLLECTIVELY NEGOTI- 49 ATED AGREEMENT UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, A PUBLIC 50 EMPLOYER MAY REQUIRE PUBLIC EMPLOYEES WHO OPT IN UNDER THIS SECTION TO 51 CONTRIBUTE THE FAMILY CARE COST AS SET FORTH IN SECTION TWO HUNDRED NINE 52 OF THIS ARTICLE. 53 S 11. Subdivisions 1, 2, 3 and 4 of section 217 of the workers' 54 compensation law, subdivision 1 as amended by chapter 167 of the laws of 55 1999, subdivisions 2 and 3 as amended by chapter 270 of the laws of S. 6741 6 1 1990, and subdivision 4 as added by chapter 600 of the laws of 1949, are 2 amended to read as follows: 3 1. (A) Written notice and proof of disability shall be furnished to 4 the employer by or on behalf of the employee claiming benefits or, in 5 the case of a claimant under section two hundred seven of this article, 6 to the chair, within thirty days after commencement of the period of 7 disability. Additional proof shall be furnished thereafter from time to 8 time as the employer or carrier or chair may require but not more often 9 than once each week. Such proof shall include: 10 (I) IN THE CASE OF DISABILITY RESULTING FROM INJURY, SICKNESS OR PREG- 11 NANCY OF THE EMPLOYEE, a statement of disability by the employee's 12 attending [physician or attending podiatrist or attending chiropractor 13 or attending dentist or attending psychologist or attending certified 14 nurse midwife, or in the case of an employee who adheres to the faith or 15 teachings of any church or denomination, and who in accordance with its 16 creed, tenets or principles depends for healing upon prayer through 17 spiritual means alone in the practice of religion, by an accredited 18 practitioner, containing facts and opinions as to such disability in 19 compliance with regulations of the chair.] HEALTH CARE PROVIDER; AND 20 (II) IN THE CASE OF FAMILY CARE FOR BONDING WITH A NEW CHILD, A BIRTH 21 CERTIFICATE, CERTIFICATE OF ADOPTION, OR OTHER COMPETENT EVIDENCE SHOW- 22 ING THAT THE EMPLOYEE IS THE PARENT OF A CHILD WITHIN TWELVE MONTHS OF 23 THAT CHILD'S BIRTH OR PLACEMENT FOR ADOPTION OR FOSTER CARE WITH THE 24 EMPLOYEE. 25 (B) Failure to furnish notice or proof within the time and in the 26 manner [above] provided IN PARAGRAPH (A) OF THIS SUBDIVISION shall not 27 invalidate the claim but no benefits shall be required to be paid for 28 any period more than two weeks prior to the date on which the required 29 proof is furnished unless it shall be shown to the satisfaction of the 30 chair not to have been reasonably possible to furnish such notice or 31 proof and that such notice or proof was furnished as soon as possible; 32 provided, however, that no benefits shall be paid unless the required 33 proof of disability is furnished within twenty-six weeks after commence- 34 ment of the period of disability. No limitation of time provided in 35 this section shall run as against any person who is mentally incompe- 36 tent, or physically incapable of providing such notice as a result of a 37 serious medical condition, or a minor so long as such person has no 38 guardian of the person and/or property. 39 2. An employee claiming benefits FOR THE EMPLOYEE'S INJURY, SICKNESS 40 OR PREGNANCY shall, as requested by the employer or carrier, submit 41 himself or herself at intervals, but not more than once a week, for 42 examination by a [physician or podiatrist or chiropractor or dentist or 43 psychologist or certified nurse midwife] RELEVANT HEALTH CARE PROVIDER 44 designated by the employer or carrier. All such examinations shall be 45 without cost to the employee and shall be held at a reasonable time and 46 place. 47 3. The chair may direct the claimant WHO SEEKS DISABILITY BENEFITS FOR 48 HIS OR HER INJURY, SICKNESS OR PREGNANCY to submit to examination by a 49 [physician or podiatrist or chiropractor or dentist or psychologist] 50 RELEVANT HEALTH CARE PROVIDER designated by him or her in any case in 51 which the claim to disability benefits is contested and in claims aris- 52 ing under section two hundred seven OF THIS ARTICLE, and in other cases 53 as the chair or board may require. 54 4. Refusal of the claimant without good cause to submit to any such 55 examination shall disqualify [him] THE CLAIMANT from all benefits here- S. 6741 7 1 under for the period of such refusal, except as to benefits already 2 paid. 3 S 12. Subdivision 2 of section 229 of the workers' compensation law, 4 as added by chapter 271 of the laws of 1985, is amended to read as 5 follows: 6 2. (A) Whenever an employee of a covered employer who is eligible for 7 benefits under section two hundred four of this article shall be absent 8 from work due to a disability as defined in subdivision nine of section 9 two hundred one of this article for more than seven consecutive days, 10 the employer shall provide the employee with a written statement of the 11 employee's rights under this article in a form prescribed by [the chair- 12 man] CHAIR. The statement shall be provided to the employee within five 13 business days after the employee's seventh consecutive day of absence 14 due to disability or within five business days after the employer knows 15 or should know that the employee's absence is due to disability, which- 16 ever is later. 17 (B) EACH COVERED EMPLOYER SHALL PROVIDE EACH EMPLOYEE WITH A TYPEWRIT- 18 TEN, PRINTED OR ELECTRONIC NOTICE IN A FORM PRESCRIBED BY THE CHAIR, 19 STATING THAT THE EMPLOYER HAS PROVIDED FOR THE PAYMENT OF DISABILITY 20 BENEFITS AS REQUIRED BY THIS ARTICLE WITHIN THIRTY DAYS OF THE EFFECTIVE 21 DATE OF THIS PARAGRAPH. EACH COVERED EMPLOYER SHALL PROVIDE SUCH NOTICE 22 TO ALL NEW EMPLOYEES WITHIN THIRTY DAYS OF THEIR FIRST DAY OF WORK. 23 S 13. Subdivision 2 of section 76 of the workers' compensation law, as 24 added by chapter 600 of the laws of 1949, is amended to read as follows: 25 2. The purposes of the state insurance fund herein created are hereby 26 enlarged to provide [for the] insurance [by the state insurance fund of] 27 FOR the payment of the benefits required by section two hundred four of 28 this chapter, INCLUDING BENEFITS FOR FAMILY CARE PROVIDED EITHER IN THE 29 SAME POLICY WITH OR IN A SEPARATE POLICY FROM BENEFITS FOR DISABILITY 30 RESULTING FROM INJURY OR SICKNESS TO OR PREGNANCY OF AN EMPLOYEE, AND AS 31 PROVIDED PURSUANT TO SECTION TWO HUNDRED ELEVEN-A OF THIS CHAPTER. A 32 separate fund is hereby created within the state insurance fund, which 33 shall be known as the "disability benefits fund", and which shall 34 consist of all premiums received and paid into said fund on account of 35 such insurance, all securities acquired by and through the use of moneys 36 belonging to said fund and of interest earned upon moneys belonging to 37 said fund and deposited or invested as herein provided. Said disability 38 benefits fund shall be applicable to the payment of benefits, expenses 39 and assessments on account of insurance written pursuant to article nine 40 of this chapter. 41 S 14. Paragraph 3 of subsection (a) of section 1113 of the insurance 42 law is amended to read as follows: 43 (3) "Accident and health insurance," means (i) insurance against death 44 or personal injury by accident or by any specified kind or kinds of 45 accident and insurance against sickness, ailment or bodily injury, 46 including insurance providing disability benefits pursuant to article 47 nine of the workers' compensation law, INCLUDING ANY INSURANCE UNDER 48 SUCH ARTICLE FOR FAMILY CARE BENEFITS, AND/OR DISABILITY BENEFITS 49 RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF AN EMPLOYEE ALL, except 50 as specified in item (ii) [hereof] OF THIS PARAGRAPH; and (ii) non-can- 51 cellable disability insurance, meaning insurance against disability 52 resulting from sickness, ailment or bodily injury (but excluding insur- 53 ance solely against accidental injury) under any contract which does not 54 give the insurer the option to cancel or otherwise terminate the 55 contract at or after one year from its effective date or renewal date. 56 S 15. This act shall take effect immediately.