Bill Text: NY S01252 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides workers' compensation benefits for family care; applies to employee and family member's taking family leave to care for the employee.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO LABOR [S01252 Detail]
Download: New_York-2011-S01252-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1252 2011-2012 Regular Sessions I N S E N A T E January 6, 2011 ___________ Introduced by Sen. 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 and the insurance law, in relation to providing benefits for family care 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, AS DEFINED IN SUBDIVISION 4 FIFTEEN OF THIS SECTION. UNLESS OTHERWISE SET FORTH IN THIS ARTICLE, 5 ALL PROVISIONS OF THIS ARTICLE APPLICABLE TO DISABILITY SHALL APPLY TO 6 BOTH DISABILITY ARISING FROM SICKNESS AND INJURY, AND TO FAMILY CARE. 7 S 2. Subdivision 14 of section 201 of the workers' compensation law, 8 as added by chapter 600 of the laws of 1949 and as renumbered by chapter 9 438 of the laws of 1964, is amended to read as follows: 10 14. "A day of disability" means any day on which the employee was 11 prevented from performing work because of disability, INCLUDING ANY DAY 12 ON WHICH THE EMPLOYEE TOOK OFF FOR FAMILY CARE, and for which [he] THE 13 EMPLOYEE has not received his OR HER regular remuneration. 14 S 3. Section 201 of the workers' compensation law is amended by adding 15 ten new subdivisions 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 to read 16 as follows: 17 15. "FAMILY CARE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOYEE FROM WORK: 18 A. TO PARTICIPATE IN PROVIDING CARE, INCLUDING PHYSICAL OR PSYCHOLOGICAL 19 CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY BY A SERIOUS 20 HEALTH CONDITION OF THE FAMILY MEMBER; OR B. TO BOND WITH HIS OR HER 21 CHILD DURING THE FIRST TWELVE MONTHS AFTER THE CHILD'S BIRTH, OR THE 22 FIRST TWELVE MONTHS AFTER THE PLACEMENT OF THE CHILD FOR ADOPTION OR 23 FOSTER CARE WITH THE EMPLOYEE. 24 16. "CHILD" MEANS A BIOLOGICAL, ADOPTED, OR FOSTER CHILD, A STEPCHILD, 25 A LEGAL WARD, OR A CHILD OF A PERSON STANDING IN LOCO PARENTIS, WHO IS: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01385-01-1 S. 1252 2 1 A. UNDER EIGHTEEN YEARS OF AGE; OR B. EIGHTEEN YEARS OF AGE OR OLDER 2 AND INCAPABLE OF SELF-CARE BECAUSE OF A MENTAL OR PHYSICAL DISABILITY. 3 17. "DOMESTIC PARTNER" HAS THE MEANING SET FORTH IN SECTION FOUR OF 4 THIS CHAPTER. 5 18. "SERIOUS HEALTH CONDITION" MEANS AN ILLNESS, INJURY, IMPAIRMENT, 6 OR PHYSICAL OR MENTAL CONDITION THAT: A. REQUIRES INPATIENT CARE IN A 7 HOSPITAL, HOSPICE OR RESIDENTIAL HEALTH CARE FACILITY; OR B. REQUIRES 8 CONTINUING TREATMENT BY A HEALTH CARE PROVIDER. 9 19. "PARENT" MEANS THE BIOLOGICAL, ADOPTIVE, OR FOSTER PARENT OF AN 10 EMPLOYEE OR INDIVIDUAL WHO STOOD IN LOCO PARENTIS TO AN EMPLOYEE WHEN 11 THE EMPLOYEE WAS A SON OR DAUGHTER. 12 20. "FAMILY MEMBER" MEANS A CHILD, SPOUSE, DOMESTIC PARTNER, PARENT, 13 GRANDCHILD, MOTHER-IN-LAW OR FATHER-IN-LAW. 14 21. PERSONS WHO ARE "IN LOCO PARENTIS" INCLUDE THOSE WITH DAY-TO-DAY 15 RESPONSIBILITIES TO CARE FOR AND FINANCIALLY SUPPORT A CHILD OR, IN THE 16 CASE OF AN EMPLOYEE, WHO HAD SUCH RESPONSIBILITY FOR THE EMPLOYEE WHEN 17 THE EMPLOYEE WAS A CHILD. A BIOLOGICAL OR LEGAL RELATIONSHIP IS NOT 18 NECESSARY. 19 22. "GRANDCHILD" MEANS THE CHILD OF A CHILD. 20 23. "HEALTH CARE PROVIDER" MEANS ANY PROVIDER TREATING AN EMPLOYEE'S 21 INJURY OR SICKNESS, OR A FAMILY MEMBER'S SERIOUS HEALTH CONDITION, 22 INCLUDING A PHYSICIAN, PODIATRIST, CHIROPRACTOR, DENTIST, PSYCHOLOGIST, 23 CERTIFIED NURSE MIDWIFE, OR IN THE CASE OF A FAMILY MEMBER WHO ADHERES 24 TO THE FAITH OR TEACHINGS OF ANY CHURCH OR DENOMINATION, AND WHO IN 25 ACCORDANCE WITH ITS CREED, TENETS OR PRINCIPLES DEPENDS FOR HEALING UPON 26 PRAYER THROUGH SPIRITUAL MEANS ALONE IN THE PRACTICE OF RELIGION, BY AN 27 ACCREDITED PRACTITIONER, CONTAINING FACTS AND OPINIONS AS TO SUCH HEALTH 28 CONDITION IN COMPLIANCE WITH REGULATIONS OF THE CHAIR. 29 24. "FAMILY CARE COST" SHALL MEAN (A) PRIOR TO JULY FIRST, TWO THOU- 30 SAND THIRTEEN, FORTY-FIVE CENTS PER WEEK; AND (B) DURING EVERY SUBSE- 31 QUENT YEAR COMMENCING ON JULY FIRST, SUCH AMOUNT AS SHALL BE SET BY 32 REGULATION OF THE SUPERINTENDENT OF INSURANCE FOLLOWING CONSULTATION 33 WITH THE FAMILY CARE ADVISORY COUNCIL BY APRIL FIRST OF THE SAME YEAR 34 BASED ON HIS OR HER ACTUARIALLY SOUND ESTIMATION OF THE COST PER EMPLOY- 35 EE OF PROVIDING FAMILY CARE BENEFITS, BUT IN NO EVENT MORE THAN ONE 36 HUNDRED FIFTEEN PERCENT OF HIS OR HER ESTIMATION OF THE COST PER EMPLOY- 37 EE OF PROVIDING SEPARATE FAMILY CARE BENEFITS THROUGH THE STATE INSUR- 38 ANCE FUND. 39 S 4. Subdivision 1 of section 204 of the workers' compensation law, as 40 added by chapter 600 of the laws of 1949, is amended to read as follows: 41 1. Disability benefits shall be payable to an eligible employee for 42 disabilities commencing after June thirtieth, nineteen hundred fifty, 43 beginning with the eighth consecutive day of disability and thereafter 44 during the continuance of disability, subject to the limitations as to 45 maximum and minimum amounts and duration and other conditions and limi- 46 tations in this section and in sections two hundred five and two hundred 47 six OF THIS ARTICLE. Successive periods of disability caused by the 48 same or related injury or sickness OR REASON FOR FAMILY CARE shall be 49 deemed a single period of disability only if separated by less than 50 three months. FOR PURPOSES OF THIS SUBDIVISION, DAYS OF DISABILITY FOR 51 ANY FAMILY CARE SHALL COMMENCE AT THE START OF THE LEAVE PERIOD TAKEN BY 52 THE EMPLOYEE TO PROVIDE FAMILY CARE. 53 S 5. Subdivisions 1, 2, 3, 4, 7 and 8 of section 205 of the workers' 54 compensation law, subdivision 1 as amended by chapter 651 of the laws of 55 1958, subdivision 2 as amended by chapter 270 of the laws of 1990 and 56 subdivisions 3, 4, 7 and 8 as added by chapter 600 of the laws of 1949 S. 1252 3 1 and as renumbered by chapter 352 of the laws of 1981, are amended and a 2 new subdivision 9 is added to read as follows: 3 1. [For] (A) FOR DISABILITY RESULTING FROM INJURY OR SICKNESS OF AN 4 EMPLOYEE, FOR more than twenty-six weeks during a period of fifty-two 5 consecutive calendar weeks or during any one period of disability; OR 6 (B) FOR FAMILY CARE, FOR MORE THAN TWELVE WEEKS DURING A PERIOD OF 7 FIFTY-TWO CONSECUTIVE CALENDAR WEEKS OR DURING ANY ONE PERIOD OF FAMILY 8 CARE; 9 2. for any period of disability RESULTING FROM THE INJURY OR SICKNESS 10 OF AN EMPLOYEE during which an employee is not under the care of a duly 11 licensed physician or with respect to disability resulting from a condi- 12 tion of the foot which may lawfully be treated by a duly registered and 13 licensed podiatrist of the state of New York or with respect to a disa- 14 bility resulting from a condition which may lawfully be treated by a 15 duly registered and licensed chiropractor of the state of New York or 16 with respect to a disability resulting from a condition which may 17 lawfully be treated by a duly licensed dentist of the state of New York 18 or with respect to a disability resulting from a condition which may 19 lawfully be treated by a duly registered and licensed psychologist of 20 the state of New York or with respect to a disability resulting from a 21 condition which may lawfully be treated by a duly certified nurse 22 midwife, for any period of such disability during which an employee is 23 neither under the care of a physician nor a podiatrist, nor a chiroprac- 24 tor, nor a dentist, nor a psychologist, nor a certified nurse midwife; 25 and for any period of disability during which an employee who adheres to 26 the faith or teachings of any church or denomination and who in accord- 27 ance with its creed, tenets or principles depends for healing upon pray- 28 er through spiritual means alone in the practice of religion, is not 29 under the care of a practitioner duly accredited by the church or denom- 30 ination, and provided such employee shall submit to all physical exam- 31 inations as required by this chapter[.]; 32 3. for any disability RESULTING FROM INJURY OR SICKNESS OF AN EMPLOYEE 33 occasioned by the wilful intention of the employee to bring about injury 34 to or the sickness of himself or another, or resulting from any injury 35 or sickness sustained in the perpetration by the employee of an illegal 36 act; 37 4. for any day of disability during which the employee performed work 38 for remuneration or profit; BUT NOT INCLUDING ANY REMUNERATION RECEIVED 39 FOR CARING FOR A FOSTER OR ADOPTED CHILD OR OTHER INDIVIDUAL RESIDING IN 40 THE EMPLOYEE'S PLACE OF RESIDENCE; 41 7. for any disability due to any act of war, declared or undeclared, 42 if such act shall occur after June thirtieth, nineteen hundred fifty, 43 EXCEPT THAT NOTHING IN THIS SUBDIVISION SHALL BAR AN EMPLOYEE FROM 44 RECEIVING BENEFITS UNDER THIS ARTICLE FOR CARE OF A FAMILY MEMBER DISA- 45 BLED DUE TO AN ACT OF WAR; 46 8. for any disability RESULTING FROM AN INJURY OR SICKNESS TO THE 47 EMPLOYEE commencing before the employee becomes eligible to benefits 48 hereunder [or commencing prior to July first, nineteen hundred fifty, 49 but this shall not preclude benefits for recurrence after July first, 50 nineteen hundred fifty, of a disability commencing prior thereto.]; 51 9. FOR ANY DAY OF ABSENCE FROM WORK REQUIRED PURSUANT TO ANY DISCIPLI- 52 NARY PROCESS; OR, IN REGARD TO FAMILY CARE BENEFITS, ANY DAY OF ABSENCE 53 FROM WORK RESULTING FROM INJURY OR SICKNESS TO THE EMPLOYEE, INCLUDING 54 ANY LEAVE TAKEN UNDER SECTION SEVENTY-ONE OR SEVENTY-THREE OF THE CIVIL 55 SERVICE LAW. S. 1252 4 1 S 6. The workers' compensation law is amended by adding a new section 2 205-a to read as follows: 3 S 205-A. RELATIONSHIP BETWEEN DISABILITY BENEFITS FOR FAMILY CARE AND 4 FOR THE EMPLOYEE'S OWN SICKNESS OR ILLNESS. THE RECEIPT OF BENEFITS FOR 5 DISABILITY RESULTING FROM SICKNESS OR INJURY TO THE EMPLOYEE, INCLUDING 6 PREGNANCY AND CHILDBIRTH, SHALL NOT COUNT TOWARD ANY TIME LIMITATION 7 UNDER SUBDIVISION ONE OF SECTION TWO HUNDRED FIVE OF THIS ARTICLE ON THE 8 RECEIPT OF BENEFITS FOR FAMILY CARE, AND THE RECEIPT OF BENEFITS FOR 9 FAMILY CARE SHALL NOT COUNT TOWARD ANY TIME LIMITATION UNDER SUBDIVISION 10 ONE OF SECTION TWO HUNDRED FIVE OF THIS ARTICLE ON THE RECEIPT OF BENE- 11 FITS FOR DISABILITY RESULTING FROM SICKNESS OR INJURY TO THE EMPLOYEE, 12 EXCEPT THAT AN EMPLOYEE MAY RECEIVE DISABILITY BENEFITS ON ONLY ONE 13 CLAIM AT ANY TIME. 14 S 7. Subdivision 3 of section 209 of the workers' compensation law, as 15 amended by chapter 415 of the laws of 1983, is amended to read as 16 follows: 17 3. The contribution of each such employee to the cost of disability 18 benefits provided by this article shall be one-half of one per centum of 19 the employee's wages paid to him on and after July first, nineteen 20 hundred fifty, but not in excess of sixty cents per week FOR THE COST OF 21 DISABILITY BENEFITS FOR SICKNESS OR INJURY, PLUS THE FAMILY CARE COST, 22 AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION TWO HUNDRED ONE OF THIS 23 ARTICLE. 24 S 8. Section 211 of the workers' compensation law is amended by adding 25 two new subdivisions 7 and 8 to read as follows: 26 7. SUCH FAMILY CARE BENEFITS AS ARE PROVIDED FOR IN THIS ARTICLE SHALL 27 BE IN ADDITION TO, AND SHALL NOT AMEND, REPEAL OR REPLACE, THE TERMS OF 28 ANY AGREEMENT THAT IS COLLECTIVELY NEGOTIATED BETWEEN AN EMPLOYER AND 29 AN EMPLOYEE ORGANIZATION, INCLUDING AGREEMENT OR INTEREST ARBITRATION 30 AWARDS MADE PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. 31 8. NOTHING IN THIS ARTICLE SHALL REQUIRE AN EMPLOYER TO USE THE SAME 32 CARRIER TO PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE UNDER THIS ARTI- 33 CLE FOR DISABILITY RESULTING FROM SICKNESS OR INJURY AS IT USES TO 34 PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE UNDER THIS ARTICLE FOR FAMI- 35 LY CARE. AN EMPLOYER MAY USE A DIFFERENT MEANS, AMONG THOSE SET FORTH IN 36 SUBDIVISIONS ONE THROUGH FIVE OF THIS SECTION, TO PROVIDE BENEFITS 37 REQUIRED BY THIS ARTICLE FOR DISABILITY RESULTING FROM SICKNESS OR INJU- 38 RY, FROM THE MEANS USED TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE FOR 39 FAMILY CARE. 40 S 9. The workers' compensation law is amended by adding a new section 41 211-a to read as follows: 42 S 211-A. PUBLIC EMPLOYEES; EMPLOYEE OPT IN. 1. FOR PURPOSES OF THIS 43 SECTION, "PUBLIC EMPLOYEE" MEANS ANY EMPLOYEE OF THE STATE, ANY POLI- 44 TICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY OR ANY OTHER GOVERN- 45 MENTAL AGENCY OR INSTRUMENTALITY. "PUBLIC EMPLOYER" MEANS THE STATE, ANY 46 POLITICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY OR ANY OTHER 47 GOVERNMENTAL AGENCY OR INSTRUMENTALITY THEREOF. "EMPLOYEE ORGANIZATION" 48 SHALL HAVE THE MEANING SET FORTH IN SECTION TWO HUNDRED ONE OF THE CIVIL 49 SERVICE LAW. 50 2. PUBLIC EMPLOYERS SHALL PROVIDE BENEFITS FOR FAMILY CARE TO PUBLIC 51 EMPLOYEES WHERE AN EMPLOYEE ORGANIZATION THAT REPRESENTS THOSE EMPLOYEES 52 OPTS IN TO FAMILY CARE IN ACCORDANCE WITH THE PROCEDURES AND TERMS SET 53 FORTH IN SUBDIVISION THREE OF THIS SECTION. 54 3. AN EMPLOYEE ORGANIZATION MAY OPT IN TO THE FAMILY CARE BENEFIT ON 55 BEHALF OF THOSE EMPLOYEES IT REPRESENTS: S. 1252 5 1 A. UPON NOTICE GIVEN TO THE PUBLIC EMPLOYER PRIOR TO APRIL FIRST, TWO 2 THOUSAND TWELVE, WHICH OPT IN SHALL BECOME EFFECTIVE ONLY ON JULY FIRST, 3 TWO THOUSAND TWELVE; 4 B. AT ANY TIME UPON NINETY DAYS NOTICE FOR ANY EMPLOYER WHO IS NOT 5 PROVIDING DISABILITY BENEFITS FOR SICKNESS AND INJURY UNDER SECTION TWO 6 HUNDRED TWELVE OF THIS ARTICLE, OR WHO IS SELF-INSURED FOR SUCH BENE- 7 FITS; 8 C. FOR ANY EMPLOYER WHO IS PROVIDING DISABILITY BENEFITS FOR SICKNESS 9 AND INJURY UNDER SECTION TWO HUNDRED TWELVE OF THIS ARTICLE, UPON NOTICE 10 AT LEAST NINETY DAYS PRIOR TO THE EXPIRATION OF THE EMPLOYER'S INSURANCE 11 POLICY FOR SUCH BENEFITS, WHICH OPT IN SHALL BE EFFECTIVE ONLY FOR THE 12 TIME PERIOD COVERED BY ANY SUBSEQUENT POLICY OR RENEWAL; OR 13 D. AT ANY TIME AS IS MUTUALLY AGREED UPON BETWEEN THE EMPLOYEE ORGAN- 14 IZATION AND ANY PUBLIC EMPLOYER. 15 AN EMPLOYEE ORGANIZATION THAT HAS OPTED IN TO THE FAMILY CARE BENEFIT 16 MAY OPT OUT OF IT WITHIN THE TIME PERIODS, AND EFFECTIVE UPON THE SAME 17 DATES, SET FORTH IN THIS PARAGRAPH. THE EMPLOYEE ORGANIZATION SHALL 18 PROVIDE NOTICE OF SUCH TO THE BOARD WITHIN SEVEN DAYS OF NOTICE TO THE 19 EMPLOYER. 20 4. IN THE ABSENCE OF ANY CONTRARY STATEMENT IN A COLLECTIVELY NEGOTI- 21 ATED AGREEMENT UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, A PUBLIC 22 EMPLOYER MAY REQUIRE PUBLIC EMPLOYEES WHO OPT IN UNDER THIS SECTION TO 23 CONTRIBUTE UP TO THE FAMILY CARE COST, AS DEFINED IN SUBDIVISION TWEN- 24 TY-FOUR OF SECTION TWO HUNDRED ONE OF THIS ARTICLE, PER WEEK IN ACCORD- 25 ANCE WITH THE PROCEDURE SET FORTH IN SECTION TWO HUNDRED NINE OF THIS 26 ARTICLE. 27 S 10. Subdivision 1 of section 212 of the workers' compensation law, 28 as amended by chapter 740 of the laws of 1960, is amended to read as 29 follows: 30 1. Any employer not required by this article to provide for the 31 payment of disability benefits to his employees, or to any class or 32 classes thereof, may become a covered employer or bring within the 33 provisions of this article such employees or class or classes thereof by 34 voluntarily electing to provide for payment of [such] benefits FOR DISA- 35 BILITY RESULTING FROM SICKNESS OR INJURY, FOR FAMILY CARE, OR BOTH, in 36 one or more of the ways set forth in section two hundred eleven OF THIS 37 ARTICLE; but such election shall be subject to the approval of the 38 chairman, and if the employees are required to contribute to the cost of 39 such benefits the assent within thirty days before such approval is 40 granted, of more than one-half of such employees shall be evidenced to 41 the satisfaction of the chairman. On approval by the chairman of such 42 election to provide benefits, all the provisions of this article shall 43 become and continue applicable as if the employer were a covered employ- 44 er as defined in this article. The obligation to continue as a covered 45 employer with respect to employees for whom provision of benefits is not 46 required under this article, may be discontinued by such employer on 47 ninety days notice to the chairman in writing and to his employees, 48 after he has provided for payment of benefits for not less than one year 49 and with such provision for payment of obligations incurred on and prior 50 to the termination date as the chairman may approve. ANY ELECTION BY A 51 PUBLIC EMPLOYER TO PROVIDE FAMILY CARE BENEFITS MADE PRIOR TO JULY 52 FIRST, TWO THOUSAND TWELVE SHALL BE EFFECTIVE ON THAT DATE. 53 S 11. Subdivision 2 of section 76 of the workers' compensation law, as 54 added by chapter 600 of the laws of 1949, is amended to read as follows: 55 2. The purposes of the state insurance fund herein created are hereby 56 enlarged to provide [for the] insurance [by the state insurance fund of] S. 1252 6 1 FOR the payment of the benefits required by section two hundred four of 2 this chapter, INCLUDING BENEFITS FOR FAMILY CARE PROVIDED EITHER IN THE 3 SAME POLICY WITH OR IN A SEPARATE POLICY FROM BENEFITS FOR DISABILITY 4 RESULTING FROM INJURY OR SICKNESS OF AN EMPLOYEE, AND AS PROVIDED PURSU- 5 ANT TO SECTION TWO HUNDRED ELEVEN-A OF THIS CHAPTER. A separate fund is 6 hereby created within the state insurance fund, which shall be known as 7 the "disability benefits fund", and which shall consist of all premiums 8 received and paid into said fund on account of such insurance, all secu- 9 rities acquired by and through the use of moneys belonging to said fund 10 and of interest earned upon moneys belonging to said fund and deposited 11 or invested as herein provided. Said disability benefits fund shall be 12 applicable to the payment of benefits, expenses and assessments on 13 account of insurance written pursuant to article nine of this chapter. 14 S 12. Subdivisions 1, 2, 3 and 4 of section 217 of the workers' 15 compensation law, subdivision 1 as amended by chapter 167 of the laws of 16 1999, subdivisions 2 and 3 as amended by chapter 270 of the laws of 1990 17 and subdivision 4 as added by chapter 600 of the laws of 1949, are 18 amended to read as follows: 19 1. Written notice and proof of disability shall be furnished to the 20 employer by or on behalf of the employee claiming benefits or, in the 21 case of a claimant under section two hundred seven of this article, to 22 the chair, within thirty days after commencement of the period of disa- 23 bility. Additional proof shall be furnished thereafter from time to time 24 as the employer or carrier or chair may require but not more often than 25 once each week. Such proof shall include: 26 (A) IN THE CASE OF DISABILITY RESULTING FROM SICKNESS OR INJURY TO THE 27 EMPLOYEE, a statement of disability by the employee's attending [physi- 28 cian or attending podiatrist or attending chiropractor or attending 29 dentist or attending psychologist or attending certified nurse midwife, 30 or in the case of an employee who adheres to the faith or teachings of 31 any church or denomination, and who in accordance with its creed, tenets 32 or principles depends for healing upon prayer through spiritual means 33 alone in the practice of religion, by an accredited practitioner, 34 containing facts and opinions as to such disability in compliance with 35 regulations of the chair.] HEALTH CARE PROVIDER; 36 (B) IN THE CASE OF FAMILY CARE FOR BONDING WITH A NEW CHILD, A BIRTH 37 CERTIFICATE, CERTIFICATE OF ADOPTION, OR OTHER COMPETENT EVIDENCE SHOW- 38 ING THAT THE EMPLOYEE IS THE PARENT OF A CHILD WITHIN TWELVE MONTHS OF 39 THAT CHILD'S BIRTH OR PLACEMENT FOR ADOPTION OR FOSTER CARE WITH THE 40 EMPLOYEE; 41 (C) IN THE CASE OF BENEFITS FOR CARE OF A FAMILY MEMBER WITH A SERIOUS 42 HEALTH CONDITION: 43 (I) A STATEMENT BY THE FAMILY MEMBER'S HEALTH CARE PROVIDER, CONTAIN- 44 ING FACTS AND OPINIONS AS TO SUCH HEALTH CONDITION IN COMPLIANCE WITH 45 REGULATIONS OF THE CHAIR; AND 46 (II) A STATEMENT SUBSCRIBED BY THE EMPLOYEE AND AFFIRMED BY HIM OR HER 47 AS TRUE UNDER PENALTIES OF PERJURY, OR OTHER EQUIVALENT DOCUMENTARY 48 PROOF, THAT THE EMPLOYEE IS A PRIMARY CARE GIVER FOR THE FAMILY MEMBER 49 DURING THE TIME OF DISABILITY. 50 Failure to furnish notice or proof within the time and in the manner 51 above provided shall not invalidate the claim but no benefits shall be 52 required to be paid for any period more than two weeks prior to the date 53 on which the required proof is furnished unless it shall be shown to the 54 satisfaction of the chair not to have been reasonably possible to 55 furnish such notice or proof and that such notice or proof was furnished 56 as soon as possible; provided, however, that no benefits shall be paid S. 1252 7 1 unless the required proof of disability is furnished within twenty-six 2 weeks after commencement of the period of disability. No limitation of 3 time provided in this section shall run as against any person who is 4 mentally incompetent, or physically incapable of providing such notice 5 as a result of a serious medical condition, or a minor so long as such 6 person has no guardian of the person and/or property. 7 2. An employee claiming benefits FOR HIS OR HER SICKNESS OR INJURY, OR 8 THE FAMILY MEMBER OF SUCH EMPLOYEE IN ANY CASE WHERE THE EMPLOYEE CLAIMS 9 FAMILY CARE BENEFITS FOR PROVIDING CARE TO THAT FAMILY MEMBER shall, as 10 requested by the employer or carrier, submit himself or herself at 11 intervals, but not more than once a week, for examination by a [physi- 12 cian or podiatrist or chiropractor or dentist or psychologist or certi- 13 fied nurse midwife] RELEVANT HEALTH CARE PROVIDER designated by the 14 employer or carrier. All such examinations shall be without cost to the 15 employee OR FAMILY MEMBER and shall be held at a reasonable time and 16 place. 17 3. The chair may direct the claimant WHO SEEKS DISABILITY BENEFITS FOR 18 HIS OR HER SICKNESS OR INJURY, OR THE CLAIMANT'S FAMILY MEMBER WHERE THE 19 CLAIMANT SEEKS DISABILITY BENEFITS FOR FAMILY LEAVE TO PROVIDE CARE TO 20 THAT FAMILY MEMBER to submit to examination by a [physician or podia- 21 trist or chiropractor or dentist or psychologist] RELEVANT HEALTH CARE 22 PROVIDER designated by him or her in any case in which the claim to 23 disability benefits is contested and in claims arising under section two 24 hundred seven OF THIS ARTICLE, and in other cases as the chair or board 25 may require. 26 4. Refusal of the claimant OR FAMILY MEMBER without good cause to 27 submit to any such examination shall disqualify [him] THE CLAIMANT from 28 all benefits hereunder for the period of such refusal, except as to 29 benefits already paid. 30 S 13. The opening paragraph of section 221 of the workers' compen- 31 sation law, as separately amended by chapters 425 and 500 of the laws of 32 1985, is amended to read as follows: 33 Within twenty-six weeks of written notice of rejection of claim, the 34 employee may file with the chairman a notice that his or her claim for 35 disability benefits has not been paid, and the employee shall submit 36 proof of disability and of his or her employment, wages and other facts 37 reasonably necessary for determination of the employee's right to such 38 benefits. Failure to file such notice within the time provided, may be 39 excused by the chairman if it can be shown to the satisfaction of the 40 chairman not to have been reasonably possible to furnish such notice and 41 that such notice was furnished as soon as possible. On demand of the 42 chairman the employer or carrier shall forthwith deliver to the chairman 43 PROOF OF DISABILITY, INCLUDING IF RELEVANT the original or a true copy 44 of the attending physician's or attending podiatrist's or accredited 45 practitioner's statement, wage and employment data and all other papers 46 in the possession of the employer or carrier with respect to such claim. 47 S 14. Subdivision 2 of section 229 of the workers' compensation law, 48 as added by chapter 271 of the laws of 1985, is amended to read as 49 follows: 50 2. Whenever an employee of a covered employer who is eligible for 51 benefits under section two hundred four of this article shall be absent 52 from work due to a disability as defined in subdivision nine of section 53 two hundred one of this article for more than seven consecutive days, 54 the employer shall provide the employee with a written statement of the 55 employee's rights under this article in a form prescribed by the chair- 56 man. The statement shall be provided to the employee within five busi- S. 1252 8 1 ness days after the employee's seventh consecutive day of absence due to 2 disability or within five business days after the employer knows or 3 should know that the employee's absence is due to disability, whichever 4 is later. EACH COVERED EMPLOYER SHALL PROVIDE EACH EMPLOYEE WITH A TYPE- 5 WRITTEN, PRINTED OR ELECTRONIC NOTICE IN A FORM PRESCRIBED BY THE CHAIR, 6 STATING THAT THE EMPLOYER HAS PROVIDED FOR THE PAYMENT OF DISABILITY 7 BENEFITS AS REQUIRED BY THIS ARTICLE WITHIN THIRTY DAYS OF THE EFFECTIVE 8 DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND ELEVEN WHICH AMENDED 9 THIS SUBDIVISION. EACH COVERED EMPLOYER SHALL PROVIDE SUCH NOTICE TO 10 ALL NEW EMPLOYEES WITHIN THIRTY DAYS OF THEIR FIRST DAY OF WORK. 11 S 15. The workers' compensation law is amended by adding a new section 12 239-a to read as follows: 13 S 239-A. FAMILY CARE STUDY AND MONITORING. 1. THE INSURANCE DEPART- 14 MENT SHALL STUDY, AND REPORT TO THE GOVERNOR AND BOTH HOUSES OF THE 15 LEGISLATURE BY APRIL FIRST, TWO THOUSAND TWELVE, ON THE FEASIBILITY AND 16 IMPACT OF COMMUNITY RATING DISABILITY INSURANCE OR ANY ASPECT THEREOF. 17 2. THERE SHALL BE CREATED THE FAMILY CARE ADVISORY COUNCIL, WHICH 18 SHALL CONSIST OF FIFTEEN MEMBERS TO BE APPOINTED BY THE GOVERNOR AS 19 FOLLOWS: TWO ON RECOMMENDATION BY THE NEW YORK STATE AMERICAN FEDERATION 20 OF LABOR-CONGRESS OF INDUSTRIAL ORGANIZATIONS, ONE OF WHOM SHALL BE 21 REPRESENTATIVE OF PUBLIC EMPLOYEE ORGANIZATIONS CERTIFIED UNDER ARTICLE 22 FOURTEEN OF THE CIVIL SERVICE LAW, PARTICIPATING IN THE PAID FAMILY CARE 23 PLAN, ONE OF WHOM IS REPRESENTATIVE OF UNIONS REPRESENTING WORKERS 24 EMPLOYED IN THE PRIVATE SECTOR; TWO WHO ARE REPRESENTATIVES OF ORGANIZA- 25 TIONS THAT REPRESENT EITHER COVERED BUSINESS OR PUBLIC EMPLOYERS IN NEW 26 YORK STATE PARTICIPATING IN THE PAID FAMILY LEAVE PLAN; TWO ON NOMI- 27 NATION OF THE SPEAKER OF THE ASSEMBLY; ONE ON NOMINATION BY THE MINORITY 28 LEADER OF THE ASSEMBLY; TWO ON NOMINATION BY THE TEMPORARY PRESIDENT OF 29 THE SENATE; ONE ON NOMINATION BY THE MINORITY LEADER OF THE SENATE; AND 30 THE SUPERINTENDENT OF INSURANCE, COMMISSIONER OF LABOR AND CHAIR OF THE 31 WORKERS' COMPENSATION BOARD, WHO SHALL SERVE AS MEMBERS EX OFFICIO. THE 32 COMMISSIONER OF LABOR SHALL SERVE AS CHAIR OF THE COUNCIL. THE SUPER- 33 INTENDENT OF INSURANCE AND CHAIR OF THE WORKERS' COMPENSATION BOARD 34 SHALL CONSULT REGULARLY WITH THE COUNCIL ON THE IMPLEMENTATION OF THE 35 FAMILY CARE BENEFIT. THE DEPARTMENT OF LABOR, THE INSURANCE DEPARTMENT 36 AND THE WORKERS' COMPENSATION BOARD SHALL PROVIDE ALL NECESSARY PERSON- 37 NEL AND LOGISTICAL SUPPORT AS MAY BE NECESSARY TO COMPLETE THE DUTIES OF 38 THE ADVISORY COUNCIL. THE COUNCIL OR ANY OF ITS MEMBERS MAY ISSUE SUCH 39 RECOMMENDATIONS OR REPORTS AS THEY DEEM WARRANTED ON THE FAMILY CARE 40 BENEFIT, INCLUDING ON THE SCOPE OF THE BENEFIT, PROBLEMS WITH THE BENE- 41 FIT; FUNDING OF THE BENEFIT INCLUDING PASS-THROUGH COSTS; POSSIBLE 42 STATUTORY AMENDMENTS AND REGULATORY CHANGES; USAGE RATES; OUTREACH; AND 43 COMMUNITY RATING. ANY SUCH RECOMMENDATIONS OR REPORTS SHALL BE PROVIDED 44 TO THE GOVERNOR, SUPERINTENDENT OF INSURANCE, SPEAKER OF THE ASSEMBLY, 45 TEMPORARY PRESIDENT OF THE SENATE AND MINORITY LEADERS OF THE SENATE AND 46 ASSEMBLY. EACH MEMBER OF THE COMMISSION SHALL SERVE A TERM OF THREE 47 YEARS. AN APPOINTMENT TO FILL A VACANCY SHALL BE MADE FOR THE REMAINDER 48 OF THE AFFECTED TERM. MEMBERS SHALL RECEIVE NO COMPENSATION. 49 S 16. Paragraph 3 of subsection (a) of section 1113 of the insurance 50 law is amended as follows: 51 (3) "Accident and health insurance," means (i) insurance against death 52 or personal injury by accident or by any specified kind or kinds of 53 accident and insurance against sickness, ailment or bodily injury, 54 including insurance providing disability benefits pursuant to article 55 nine of the workers' compensation law, INCLUDING ANY INSURANCE UNDER 56 THAT ARTICLE FOR FAMILY CARE BENEFITS, DISABILITY BENEFITS RESULTING S. 1252 9 1 FROM SICKNESS OR INJURY, OR BOTH, except as specified in item (ii) here- 2 of; and (ii) non-cancellable disability insurance, meaning insurance 3 against disability resulting from sickness, ailment or bodily injury 4 (but excluding insurance solely against accidental injury) under any 5 contract which does not give the insurer the option to cancel or other- 6 wise terminate the contract at or after one year from its effective date 7 or renewal date. 8 S 17. This act shall take effect immediately; provided, however, that: 9 (a) Sections one, two, three, four, five, six, seven, eight, nine, 10 ten, twelve, thirteen, fourteen and sixteen of this act shall take 11 effect July 1, 2012. 12 (b) Paragraph a of subdivision 3 of section 211-a of the workers' 13 compensation law, as added by section nine of this act allowing public 14 employees to opt in to family care benefits prior to July 1, 2012 and 15 paragraph (b) of subdivision 1 of section 212 of the workers' compen- 16 sation law as added by section ten of this act allowing public employers 17 to opt in to family care benefits prior to July 1, 2012, shall take 18 effect immediately. 19 (c) Effective immediately, the addition, amendment and/or repeal of 20 any rules or regulations necessary for the implementation of this act 21 and any administrative steps necessary to effectuate the purposes of 22 this act on its effective date are authorized and directed to be made 23 and completed on or before such effective date.