Bill Text: NY S06032 | 2021-2022 | General Assembly | Introduced
Bill Title: Authorizes paid family leave for bereavement beginning in 2023.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO LABOR [S06032 Detail]
Download: New_York-2021-S06032-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6032 2021-2022 Regular Sessions IN SENATE March 30, 2021 ___________ 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. LBD00132-01-1S. 6032 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 seriousS. 6032 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, 2023.
