Bill Text: NY A10639 | 2017-2018 | General Assembly | Amended


Bill Title: Authorizes paid family leave for bereavement beginning in 2020.

Spectrum: Strong Partisan Bill (Democrat 19-2)

Status: (Introduced) 2018-06-20 - substituted by s8380a [A10639 Detail]

Download: New_York-2017-A10639-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                        10639--A
                   IN ASSEMBLY
                                      May 10, 2018
                                       ___________
        Introduced  by M. of A. MORELLE, D'URSO, DE LA ROSA, HEVESI, MAGNARELLI,
          COLTON, GOTTFRIED, BARRON, ABBATE, GALEF, JAFFEE, L. ROSENTHAL, ROZIC,
          BRONSON, M. L. MILLER -- Multi-Sponsored  by  --  M.  of  A.  EPSTEIN,
          GIGLIO,  SIMON,  THIELE  -- read once and referred to the Committee on
          Labor -- reported and referred to the Committee on Ways and  Means  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
        AN ACT to amend the workers' compensation law, in relation to paid fami-
          ly leave and bereavement
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivision 15 of section 201 of the workers' compensation
     2  law, as added by section 2 of part SS of chapter 54 of the laws of 2016,
     3  is amended to read as follows:
     4    15. "Family leave" shall mean any leave  taken  by  an  employee  from
     5  work:    (a)  to  participate  in  providing care, including physical or
     6  psychological care, for a family member of the employee  made  necessary
     7  by a serious health condition of the family member including bereavement
     8  upon the death of such family member; or (b) to bond with the employee's
     9  child  during  the  first  twelve months after the child's birth, or the
    10  first twelve months after the placement of the  child  for  adoption  or
    11  foster care with the employee; or (c) because of any qualifying exigency
    12  as  interpreted  under  the  family  and medical leave act, 29 U.S.C.S §
    13  2612(a)(1)(e) and 29 C.F.R. S.825.126(a)(1)-(8), arising out of the fact
    14  that the spouse, domestic partner, child, or parent of the  employee  is
    15  on  active  duty  (or has been notified of an impending call or order to
    16  active duty) in the armed forces of the  United  States;  or  (d)  leave
    17  taken  for  the  purposes  of  bereavement  due to the death of a family
    18  member.
    19    § 2. Paragraph (b) of subdivision 2 of section  205  of  the  workers'
    20  compensation  law, as added by section 6 of part SS of chapter 54 of the
    21  laws of 2016, is amended to read as follows:
    22    (b) For any period of family leave  wherein  the  notice  and  medical
    23  certification,  or death certificate, as prescribed by the chair has not
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15544-09-8

        A. 10639--A                         2
     1  been filed. At the discretion of the chair or chair's designee  pursuant
     2  to section two hundred twenty-one of this article, the family member who
     3  is  the  recipient of care may be required to submit to a physical exam-
     4  ination by a qualified health care provider unless such family member is
     5  unable  to  be examined due to death. Such examination shall be paid for
     6  by the carrier; and
     7    § 3. Subdivision 5 of section 205 of the workers' compensation law, as
     8  added by section 6 of part SS of chapter 54 of  the  laws  of  2016,  is
     9  amended to read as follows:
    10    5.  In any case in which the necessity for family leave is foreseeable
    11  based on an expected birth or placement, the employee shall provide  the
    12  employer with not less than thirty days notice before the date the leave
    13  is to begin, of the employee's intention to take family leave under this
    14  article,  except  that  if  the  date of the birth or placement requires
    15  leave to begin in less than thirty days, the employee shall provide such
    16  notice as is practicable. In any case in which the necessity for  family
    17  leave  is  foreseeable  based on planned medical treatment, the employee
    18  shall provide the employer with not less than thirty days notice, before
    19  the date the leave is to begin, of the employees intention to take fami-
    20  ly leave under this article, except that if the date  of  the  treatment
    21  requires  leave  to  begin  in less than thirty days, the employee shall
    22  provide such notice as is practicable.  In the case of family leave  due
    23  to bereavement notice shall be provided as soon as practicable.
    24    § 4. Subdivision 1 of section 217 of the workers' compensation law, as
    25  amended  by  section 16 of part SS of chapter 54 of the laws of 2016, is
    26  amended to read as follows:
    27    1. Written notice and proof of disability or proof of need for  family
    28  leave shall be furnished to the employer by or on behalf of the employee
    29  claiming  benefits  or,  in  the  case  of  a claimant under section two
    30  hundred seven of this article, to the chair, within  thirty  days  after
    31  commencement  of  the  period  of  disability. Additional proof shall be
    32  furnished thereafter from time to time as the  employer  or  carrier  or
    33  chair  may  require  but  not more often than once each week. Such proof
    34  shall include a statement of  disability  by  the  employee's  attending
    35  physician or attending podiatrist or attending chiropractor or attending
    36  dentist  or  attending psychologist or attending certified nurse midwife
    37  or family leave care recipient's health care provider, or in the case of
    38  an employee who adheres to the faith  or  teachings  of  any  church  or
    39  denomination, and who in accordance with its creed, tenets or principles
    40  depends  for  healing  upon  prayer through spiritual means alone in the
    41  practice of religion, by an accredited  practitioner,  containing  facts
    42  and opinions as to such disability in compliance with regulations of the
    43  chair.  In  the event that the claimant is eligible for family leave due
    44  to bereavement, a death certificate shall serve  as  proof  of  need  of
    45  leave.  Failure  to  furnish  notice or proof within the time and in the
    46  manner above provided shall not invalidate the  claim  but  no  benefits
    47  shall be required to be paid for any period more than two weeks prior to
    48  the  date  on  which  the required proof is furnished unless it shall be
    49  shown to the satisfaction of the  chair  not  to  have  been  reasonably
    50  possible  to  furnish such notice or proof and that such notice or proof
    51  was furnished as soon as possible; provided, however, that  no  benefits
    52  shall be paid unless the required proof of disability is furnished with-
    53  in  the period of actual disability or family leave that does not exceed
    54  the statutory maximum period permitted under section two hundred four of
    55  this article. No limitation of time provided in this section  shall  run
    56  as  against  any disabled employee who is mentally incompetent, or phys-

        A. 10639--A                         3
     1  ically incapable of providing such notice  as  a  result  of  a  serious
     2  medical  condition, or a minor so long as such person has no guardian of
     3  the person and/or property.
     4    §  5. Subdivisions 3 and 4 of section 217 of the workers' compensation
     5  law, as amended by section 16 of part SS of chapter 54 of  the  laws  of
     6  2016, are amended to read as follows:
     7    3.  The  chair  or  chair's  designee, pursuant to section two hundred
     8  twenty-one of this article, may direct the claimant or family leave care
     9  recipient to submit to examination by a health care provider  designated
    10  by  him  or  her  in any case in which the claim to disability or family
    11  leave benefits is contested and in  claims  arising  under  section  two
    12  hundred  seven of this article, and in other cases as the chair or board
    13  may require. In the event that the family member  or  the  family  leave
    14  care recipient is unable to be examined due to death, this section shall
    15  not apply.
    16    4. Refusal of the claimant or family leave care recipient without good
    17  cause to submit to any such examination shall disqualify the claimant or
    18  employee  from  all  benefits  hereunder for the period of such refusal,
    19  except as to benefits already paid. In the event that the family  member
    20  or  family  leave  care recipient is unable to be examined due to death,
    21  this section shall not apply.
    22    § 6. This act shall take effect immediately and  shall  apply  to  all
    23  policies  or  contracts issued, renewed, modified, altered or amended on
    24  or after January 1, 2020.
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