Relates to covered employment as a domestic worker for temporary disability benefits.
TITLE OF BILL:
An act to amend the workers' compensation law, in relation to covered employment as a domestic worker for temporary disability benefits
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 would make a technical amendment to Chapter 481 of 2010, the Domestic Workers Bill of Rights. It would amend section 202(2) of the Workers Compensation Law to clarify that domestic workers who work at least twenty hours per week and meet the duration of employment standard of four weeks are covered under the temporary disability benefits law.
Section 2 is the effective date of the bill.
JUSTIFICATION: This bill would make clear the original intent in the Domestic Workers Bill of Rights in amending section 201 (5) of the Workers Compensation Law to eliminate the forty hour requirement and provide temporary disability benefits coverage for workers who work at least twenty hours. The Sponsor's Memorandum on the Domestic Workers Bill of Rights stated, "In addition, the bill grants disability insurance to part time domestic workers ". In an August 31, 2010 letter to Governor Paterson, the Workers Compensation Board stated its support of this proposal and urged that this technical correction be made.
PRIOR LEGISLATIVE HISTORY:
2014 - died on 3rd Rdg. in both Houses. 2013 - died on 3rd Rdg.; P-Assembly.
None to New York State and its subdivisions.
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2837 2015-2016 Regular Sessions IN SENATE January 29, 2015 ___________Introduced by Sen. SAVINO -- 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 covered employment as a domestic worker for temporary disability benefits THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 202 of the workers' compensation law, as amended by chapter 65 of the laws of 1983, is amended to read as follows: 2. The provisions of subdivision one of this section shall not apply to an employer of personal or domestic employees in a private home, except an employer shall become a covered employer from and after the expiration of four weeks following the employment of one or more personal or domestic employees who work for a minimum of
[forty]TWENTY hours per week for such employer and are employed on each of at least thirty days in any calendar year. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04799-01-5