Bill Text: NY S07581 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Provides for disability benefits for pregnancy loss.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO LABOR [S07581 Detail]

Download: New_York-2023-S07581-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          7581

                               2023-2024 Regular Sessions

                    IN SENATE

                                      June 9, 2023
                                       ___________

        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the workers' compensation law, in relation to  providing
          disability benefits for pregnancy loss

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  Paragraph B of subdivision 9 of section 201 of  the  work-
     2  ers' compensation law, as amended by chapter 352 of the laws of 1981, is
     3  amended to read as follows:
     4    B.  "Disability"  also  includes disability caused by or in connection
     5  with a pregnancy, including, but not limited to, pregnancy loss.
     6    § 2. Paragraph (b) of subdivision 2 of section  204  of  the  workers'
     7  compensation  law,  as  amended by section 5 of part SS of chapter 54 of
     8  the laws of 2016, is amended to read as follows:
     9    (b) The weekly benefit which the  disabled  employee  is  entitled  to
    10  receive  for  disability  commencing  on  or  after  May first, nineteen
    11  hundred eighty-nine shall be one-half of the employee's weekly wage, but
    12  in no case shall such benefit exceed one hundred seventy dollars; except
    13  that if the employee's average weekly wage is less than twenty  dollars,
    14  the  benefit  shall  be such average weekly wage; provided, however, the
    15  weekly benefit which the disabled employee is entitled  to  receive  for
    16  disability related to pregnancy loss shall be sixty-seven percent of the
    17  employee's  average weekly wage but shall not exceed sixty-seven percent
    18  of the state average weekly wage in effect. The weekly benefit which the
    19  disabled employee is entitled to receive for disability commencing on or
    20  after July first, nineteen hundred eighty-four shall be one-half of  the
    21  employee's  weekly  wage,  but  in no case shall such benefit exceed one
    22  hundred forty-five dollars; except that if the employee's average weekly
    23  wage is less than twenty dollars, the  benefit  shall  be  such  average
    24  weekly  wage. The weekly benefit which the disabled employee is entitled
    25  to receive for disability commencing on or after  July  first,  nineteen

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11764-01-3
        S. 7581                             2

     1  hundred  eighty-three  and prior to July first, nineteen hundred eighty-
     2  four shall be one-half of the employee's average weekly wage, but in  no
     3  case  shall  such  benefit exceed one hundred thirty-five dollars nor be
     4  less  than  twenty dollars; except that if the employee's average weekly
     5  wage is less than twenty dollars the benefit shall be such average week-
     6  ly wage. The weekly benefit which the disabled employee is  entitled  to
     7  receive  for  disability  commencing  on  or  after July first, nineteen
     8  hundred seventy-four, and prior to July first, nineteen hundred  eighty-
     9  three,  shall  be one-half of the employee's average weekly wage, but in
    10  no case shall such benefit exceed ninety-five dollars nor be  less  than
    11  twenty  dollars;  except  that  if the employee's average weekly wage is
    12  less than twenty dollars, the benefit shall be such average weekly wage.
    13  The weekly benefit which the disabled employee is  entitled  to  receive
    14  for  disability  commencing  on  or  after  July first, nineteen hundred
    15  seventy and prior to July first, nineteen hundred seventy-four shall  be
    16  one-half  of  the  employee's  average weekly wage, but in no case shall
    17  such benefit  exceed  seventy-five  dollars  nor  be  less  than  twenty
    18  dollars;  except that if the employee's average weekly wage is less than
    19  twenty dollars the benefit shall be such average weekly  wage.  For  any
    20  period  of  disability less than a full week, the benefits payable shall
    21  be calculated by dividing the  weekly  benefit  by  the  number  of  the
    22  employee's normal work days per week and multiplying the quotient by the
    23  number  of  normal  work  days  in such period of disability. The weekly
    24  benefit for a disabled employee who is concurrently eligible  for  bene-
    25  fits  in  the employment of more than one covered employer shall, within
    26  the maximum and minimum herein provided, be one-half of the total of the
    27  employee's average weekly wages received from all such  covered  employ-
    28  ers,  and shall be allocated in the proportion of their respective aver-
    29  age weekly wage payments.
    30    § 3. This act shall take effect on the first of January following  the
    31  first  of  September  next  succeeding  the  date on which it shall have
    32  become a law and shall  apply  to  all  policies  or  contracts  issued,
    33  renewed, modified, altered or amended on or after such date.