Bill Text: NY S04694 | 2019-2020 | General Assembly | Introduced


Bill Title: Authorizes paid family leave for bereavement beginning in 2021.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-21 - REFERRED TO LABOR [S04694 Detail]

Download: New_York-2019-S04694-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4694
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 21, 2019
                                       ___________
        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor
        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
    24  been filed. At the discretion of the chair or chair's designee  pursuant
    25  to section two hundred twenty-one of this article, the family member who
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08404-01-9

        S. 4694                             2
     1  is  the  recipient of care may be required to submit to a physical exam-
     2  ination by a qualified health care provider unless such family member is
     3  unable to be examined due to death. Such examination shall be  paid  for
     4  by the carrier; and
     5    § 3. Subdivision 5 of section 205 of the workers' compensation law, as
     6  added  by  section  6  of  part SS of chapter 54 of the laws of 2016, is
     7  amended to read as follows:
     8    5. In any case in which the necessity for family leave is  foreseeable
     9  based  on an expected birth or placement, the employee shall provide the
    10  employer with not less than thirty days notice before the date the leave
    11  is to begin, of the employee's intention to take family leave under this
    12  article, except that if the date of  the  birth  or  placement  requires
    13  leave to begin in less than thirty days, the employee shall provide such
    14  notice  as is practicable. In any case in which the necessity for family
    15  leave is foreseeable based on planned medical  treatment,  the  employee
    16  shall provide the employer with not less than thirty days notice, before
    17  the date the leave is to begin, of the employees intention to take fami-
    18  ly  leave  under  this article, except that if the date of the treatment
    19  requires leave to begin in less than thirty  days,  the  employee  shall
    20  provide  such notice as is practicable.  In the case of family leave due
    21  to bereavement notice shall be provided as soon as practicable.
    22    § 4. Subdivision 1 of section 217 of the workers' compensation law, as
    23  amended by section 16 of part SS of chapter 54 of the laws of  2016,  is
    24  amended to read as follows:
    25    1.  Written notice and proof of disability or proof of need for family
    26  leave shall be furnished to the employer by or on behalf of the employee
    27  claiming benefits or, in the  case  of  a  claimant  under  section  two
    28  hundred  seven  of  this article, to the chair, within thirty days after
    29  commencement of the period of  disability.  Additional  proof  shall  be
    30  furnished  thereafter  from  time  to time as the employer or carrier or
    31  chair may require but not more often than once  each  week.  Such  proof
    32  shall  include  a  statement  of  disability by the employee's attending
    33  physician or attending podiatrist or attending chiropractor or attending
    34  dentist or attending psychologist or attending certified  nurse  midwife
    35  or family leave care recipient's health care provider, or in the case of
    36  an  employee  who  adheres  to  the  faith or teachings of any church or
    37  denomination, and who in accordance with its creed, tenets or principles
    38  depends for healing upon prayer through spiritual  means  alone  in  the
    39  practice  of  religion,  by an accredited practitioner, containing facts
    40  and opinions as to such disability in compliance with regulations of the
    41  chair. In the event that the claimant is eligible for family  leave  due
    42  to  bereavement,  a  death  certificate  shall serve as proof of need of
    43  leave. Failure to furnish notice or proof within the  time  and  in  the
    44  manner  above  provided  shall  not invalidate the claim but no benefits
    45  shall be required to be paid for any period more than two weeks prior to
    46  the date on which the required proof is furnished  unless  it  shall  be
    47  shown  to  the  satisfaction  of  the  chair not to have been reasonably
    48  possible to furnish such notice or proof and that such notice  or  proof
    49  was  furnished  as soon as possible; provided, however, that no benefits
    50  shall be paid unless the required proof of disability is furnished with-
    51  in the period of actual disability or family leave that does not  exceed
    52  the statutory maximum period permitted under section two hundred four of
    53  this  article.  No limitation of time provided in this section shall run
    54  as against any disabled employee who is mentally incompetent,  or  phys-
    55  ically  incapable  of  providing  such  notice  as a result of a serious

        S. 4694                             3
     1  medical condition, or a minor so long as such person has no guardian  of
     2  the person and/or property.
     3    §  5. Subdivisions 3 and 4 of section 217 of the workers' compensation
     4  law, as amended by section 16 of part SS of chapter 54 of  the  laws  of
     5  2016, are amended to read as follows:
     6    3.  The  chair  or  chair's  designee, pursuant to section two hundred
     7  twenty-one of this article, may direct the claimant or family leave care
     8  recipient to submit to examination by a health care provider  designated
     9  by  him  or  her  in any case in which the claim to disability or family
    10  leave benefits is contested and in  claims  arising  under  section  two
    11  hundred  seven of this article, and in other cases as the chair or board
    12  may require. In the event that the family member  or  the  family  leave
    13  care recipient is unable to be examined due to death, this section shall
    14  not apply.
    15    4. Refusal of the claimant or family leave care recipient without good
    16  cause to submit to any such examination shall disqualify the claimant or
    17  employee  from  all  benefits  hereunder for the period of such refusal,
    18  except as to benefits already paid. In the event that the family  member
    19  or  family  leave  care recipient is unable to be examined due to death,
    20  this section shall not apply.
    21    § 6. This act shall take effect immediately and  shall  apply  to  all
    22  policies  or  contracts issued, renewed, modified, altered or amended on
    23  or after January 1, 2021.
feedback