Bill S4742B-2013

Provides benefits for injury, sickness, pregnancy or family leave

Provides workers' compensation benefits for injury or sickness, pregnancy or family leave; applies to an employee and to family members taking family leave to care for an employee.

Details

Actions

  • Mar 20, 2014: PRINT NUMBER 4742B
  • Mar 20, 2014: AMEND AND RECOMMIT TO LABOR
  • Jan 30, 2014: PRINT NUMBER 4742A
  • Jan 30, 2014: AMEND AND RECOMMIT TO LABOR
  • Jan 8, 2014: REFERRED TO LABOR
  • Apr 19, 2013: REFERRED TO LABOR

Memo

BILL NUMBER:S4742B

TITLE OF BILL: An act to amend the workers' compensation law and the insurance law, in relation to providing benefits for injury or sickness, pregnancy or family leave

PURPOSE OR GENERAL IDEA OF BILL:

To amend the workers' compensation law to provide benefits for paid family leave.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: amends subdivision 2 of section 76 of the workers' compensation law regarding the state insurance fund and provision of family care benefits

Section 2: amends section 120 of the workers' compensation law regarding discrimination related to family care leave by employers

Section 3: amends section 201 workers' compensation law defining disability

Section 4: amends section 201 of the workers' compensation law defining a "day of disability"

Section 5: amends section 201 of the workers' compensation law defining "family care", "child", "domestic partner", "serious health condition", "parent", "family member", "parental relationship", "grandchild", "health care provider", "family care cost", "grandparent" and "sibling"

Section 6: adds section 203-a to the workers' compensation law regarding prohibition of retaliatory action

Section 7: adds section 203-b to the workers' compensation law regarding job-protection for family care leave

Section 8: amends section 204 of the workers' compensation law regarding consecutive days of disability and weekly benefits.

Section 9: amends section 205 of the workers' compensation law regarding benefit eligibility

Section 10: adds a new section 205-a to the workers' compensation law regarding receipt of benefits and limitations

Section 11: amends subdivision 3 of section 209 of the workers' compensation law regarding employee contribution to the cost of disability benefits

Section 11-a: amends section 210 of the workers' compensation law regarding employer contributions

Section 12: adds two new subdivisions 7 and 8 to section 211 of the workers' compensation law regarding benefits from this law being in addition to the terms of any agreements that is collectively negotiated between an employee and employers

Section 13: adds a new section 211-a to the workers' compensation law regarding public employees and family leave benefits

Section 14: subdivisions 1 and 2 of section 212 of the workers' compensation law are amended regarding employer obligation of provision of family care benefits

Section 15: amends subdivisions 1, 2, 3 and 4 of section 217 of the workers' compensation law regarding provision of proof of disability by employee

Section 16: amends section 221 of the workers' compensation law regarding denial of rights to paid family leave benefits

Section 16-a: amends section 226 of the workers' compensation law regarding insurance contracts and disability

Section 17: amends subdivision 2 of section 229 of the workers' compensation law regarding employer obligation to provide information about family leave benefits

Section 18: amends the workers' compensation law adding a new section 239-a regarding outreach by the department of labor, a study by the department of insurance, and the creation of the family care advisory council

Section 19: amends paragraph 3 of subsection (a) of section 1113 of the insurance law defining "accident and health insurance"

Section 20: is the effective date

JUSTIFICATION:

Although the Federal Family and Medical Leave Act guarantees 12 weeks of unpaid leave to many workers to care for a sick relative or bond with a new child, most people can't afford to take unpaid time from work. Paid family leave benefits would allow all workers to remain in the workforce and still receive some income while taking leave to care for their family.

The need for such leave grows more acute by the day: people are living longer and requiring care in their later years while assisted living and nursing home options are growing fewer and more expensive. Unanticipated medical emergencies can drive families into desperate financial situations. Medical bills mount while people are out of work caring for their relatives despite the lack of income. Allowing people to receive

some income during a brief leave form work can help prevent such financial disaster.

Further, allowing new parents time from work to bond with a newly born or adopted child is a great positive for the entire family in general.and a child's development specifically.

PRIOR LEGISLATIVE HISTORY:

2013 - S. 4742 - Referred to Labor.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately; provided however, that (a) Sections two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen and nineteen of this act shall take effect on January 1, 2015. (b) Paragraph a of subdivision 3 of section 211-a of the workers' compensation law, as added by section thirteen of this act allowing public employees to opt in to family care benefits prior to July 1, 2015 and subdivision 1 of section 212 of the workers' compensation law as amended by section fourteen of this act allowing public employers to opt in to family care benefits prior to July 1, 2015, shall take effect immediately. (c) Effective immediately, the addition amendment and/or repeal of any rules or regulations necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 4742--B 2013-2014 Regular Sessions IN SENATE April 19, 2013 ___________
Introduced by Sens. ADDABBO, AVELLA, KRUEGER, MONTGOMERY, PARKER, SAMP- SON, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- recommitted to the Committee on Labor in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the workers' compensation law and the insurance law, in relation to providing benefits for injury or sickness, pregnancy or family leave THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 76 of the workers' compensation law, as added by chapter 600 of the laws of 1949, is amended to read as follows: 2. The purposes of the state insurance fund herein created are hereby enlarged to provide [for the] insurance [by the state insurance fund of] FOR the payment of the benefits required by section two hundred four of this chapter, INCLUDING BENEFITS FOR FAMILY CARE PROVIDED EITHER IN THE SAME POLICY WITH OR IN A SEPARATE POLICY FROM BENEFITS FOR DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF AN EMPLOYEE, AND AS PROVIDED PURSUANT TO SECTION TWO HUNDRED ELEVEN-A OF THIS CHAPTER. A separate fund is hereby created within the state insurance fund, which shall be known as the "disability benefits fund", and which shall consist of all premiums received and paid into said fund on account of such insurance, all securities acquired by and through the use of moneys belonging to said fund and of interest earned upon moneys belonging to said fund and deposited or invested as herein provided. Said disability benefits fund shall be applicable to the payment of benefits, expenses and assessments on account of insurance written pursuant to article nine of this chapter.
S 2. The section heading and the first undesignated paragraph of section 120 of the workers' compensation law, as amended by chapter 61 of the laws of 1989, are amended to read as follows: Discrimination against employees [who bring proceedings]. It shall be unlawful for any employer or his or her duly authorized agent to discharge or in any other manner discriminate against an employee as to his or her employment because such employee has claimed or attempted to claim compensation from such employer, OR CLAIMED OR ATTEMPTED TO CLAIM ANY BENEFITS PROVIDED UNDER THIS CHAPTER, or because he or she has testified or is about to testify in a proceeding under this chapter and no other valid reason is shown to exist for such action by the employer. S 3. Subdivision 9 of section 201 of the workers' compensation law is amended by adding two new paragraphs C and D to read as follows: C. "DISABILITY" ALSO INCLUDES FAMILY CARE, AS DEFINED IN SUBDIVISION FIFTEEN OF THIS SECTION. D. UNLESS OTHERWISE SET FORTH IN THIS ARTICLE, ALL PROVISIONS OF THIS ARTICLE APPLICABLE TO "DISABILITY" SHALL APPLY TO (I) DISABILITY ARISING FROM INJURY OR SICKNESS; (II) DISABILITY CAUSED BY OR IN CONNECTION WITH PREGNANCY; AND (III) FAMILY CARE. UNLESS OTHERWISE SET FORTH IN THIS ARTICLE, ALL PROVISIONS OF THIS ARTICLE APPLICABLE TO A "DISABLED EMPLOYEE" SHALL APPLY TO EMPLOYEES IN NEED OF TIME OFF FOR THE PURPOSES OF SUBPARAGRAPHS (I), (II) AND (III) OF THIS PARAGRAPH. S 4. Subdivision 14 of section 201 of the workers' compensation law, as added by chapter 600 of the laws of 1949 and as renumbered by chapter 438 of the laws of 1964, is amended to read as follows: 14. "A day of disability" means any day on which the employee was prevented from performing work because of disability, INCLUDING ANY DAY WHICH THE EMPLOYEE USES FOR FAMILY CARE, and for which [he] THE EMPLOYEE has not received his OR HER regular remuneration. S 5. Section 201 of the workers' compensation law is amended by adding twelve new subdivisions 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26 to read as follows: 15. "FAMILY CARE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOYEE FROM WORK: A. TO PARTICIPATE IN PROVIDING CARE, INCLUDING PHYSICAL OR PSYCHOLOG- ICAL CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY BY A SERI- OUS HEALTH CONDITION OF THE FAMILY MEMBER; OR B. TO BOND WITH THE EMPLOYEE'S CHILD DURING THE FIRST TWELVE MONTHS AFTER THE CHILD'S BIRTH, OR THE FIRST TWELVE MONTHS AFTER THE PLACEMENT OF THE CHILD FOR ADOPTION OR FOSTER CARE WITH THE EMPLOYEE. C. BECAUSE OF ANY QUALIFYING EXIGENCY AS INTERPRETED UNDER THE FAMILY AND MEDICAL LEAVE ACT, 29 U.S.C. S 2612(A)(1)(E) AND 29 C.F.R. S 825.126(A)(1)-(8), ARISING OUT OF THE FACT THAT THE SPOUSE, DOMESTIC PARTNER, CHILD, OR PARENT OF THE EMPLOYEE IS ON ACTIVE DUTY (OR HAS BEEN NOTIFIED OF AN IMPENDING CALL OR ORDER TO ACTIVE DUTY) IN THE ARMED FORCES OF THE UNITED STATES. 16. "CHILD" MEANS A BIOLOGICAL, ADOPTED OR FOSTER CHILD, A STEP-CHILD, A LEGAL WARD OR A CHILD OF A PERSON WHO STANDS IN PARENTAL RELATIONSHIP TO THE CHILD. 17. "DOMESTIC PARTNER" HAS THE MEANING SET FORTH IN SUBDIVISION ONE OF SECTION FOUR OF THIS CHAPTER. 18. "SERIOUS HEALTH CONDITION" MEANS AN ILLNESS, INJURY, IMPAIRMENT, OR PHYSICAL OR MENTAL CONDITION THAT: A. REQUIRES INPATIENT CARE IN A HOSPITAL, HOSPICE OR RESIDENTIAL HEALTH CARE FACILITY; OR B. REQUIRES CONTINUING TREATMENT BY A HEALTH CARE PROVIDER.
19. "PARENT" MEANS BIOLOGICAL OR ADOPTIVE PARENT, STEP-PARENT OR PERSON WHO STOOD IN PARENTAL RELATIONSHIP TO AN EMPLOYEE. 20. "FAMILY MEMBER" MEANS A CHILD, SPOUSE, DOMESTIC PARTNER, PARENT, GRANDCHILD, GRANDPARENT, SIBLING OR PARENT OF A SPOUSE OR DOMESTIC PART- NER. 21. "PARENTAL RELATIONSHIP" IS A RELATIONSHIP IN WHICH A PERSON ASSUMES THE OBLIGATIONS INCIDENT TO PARENTHOOD FOR A CHILD AND ACTUALLY DISCHARGES THOSE OBLIGATIONS, OR A RELATIONSHIP IN WHICH A PERSON ASSUMED THOSE OBLIGATIONS AND DISCHARGED THEM BEFORE THE CHILD ATTAINED ADULTHOOD. A BIOLOGICAL OR LEGAL RELATIONSHIP IS NOT NECESSARY. 22. "GRANDCHILD" MEANS THE CHILD OF A CHILD. 23. "HEALTH CARE PROVIDER" MEANS A HEALTH CARE PRACTITIONER WHO IS LICENSED UNDER RELEVANT FEDERAL OR STATE LAWS TO PROVIDE MEDICAL, EMER- GENCY OR HEALTH SERVICES AND IS TREATING AN EMPLOYEE'S DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY, OR A FAMILY MEMBER FOR A SERIOUS HEALTH CONDITION. FOR AN EMPLOYEE OR A FAMILY MEMBER WHO ADHERES TO THE FAITH OR TEACHINGS OF ANY CHURCH OR DENOMINATION AND WHO IN ACCORDANCE WITH ITS CREED, TENETS OR PRINCIPLES DEPENDS FOR HEALING UPON PRAYER THROUGH SPIRITUAL MEANS ALONE IN THE PRACTICE OF RELIGION, "HEALTH CARE PROVIDER" INCLUDES A PRACTITIONER DULY ACCREDITED BY THE CHURCH OR DENOMINATION WHO IS PROVIDING CARE TO THE EMPLOYEE OR FAMILY MEMBER. 24. "FAMILY CARE COST" SHALL MEAN: A. PRIOR TO JULY FIRST, TWO THOUSAND SIXTEEN, UP TO FORTY-FIVE CENTS PER WEEK; AND B. DURING EVERY SUBSEQUENT YEAR COMMENCING ON JULY FIRST SUCH MAXIMUM AMOUNT AS SHALL BE SET BY REGULATION OF THE SUPERINTENDENT OF FINANCIAL SERVICES FOLLOWING CONSULTATION WITH THE FAMILY CARE ADVISORY COUNCIL BY APRIL FIRST OF THE SAME YEAR BASED ON THE SUPERINTENDENT'S ACTUARIALLY SOUND ESTIMATION OF THE COST PER EMPLOYEE OF PROVIDING FAMILY CARE BENE- FITS, BUT IN NO EVENT MORE THAN ONE HUNDRED FIFTEEN PERCENT OF SUCH ESTIMATION OF THE COST PER EMPLOYEE OF PROVIDING FAMILY CARE BENEFITS THROUGH THE STATE INSURANCE FUND. 25. "GRANDPARENT" MEANS THE PARENT OF A PARENT. 26. "SIBLING" MEANS A BROTHER OR A SISTER, WHETHER RELATED THROUGH HALF BLOOD, WHOLE BLOOD OR ADOPTION OR A STEP-SIBLING. S 6. The workers' compensation law is amended by adding a new section 203-a to read as follows: S 203-A. RETALIATORY ACTION PROHIBITED. 1. THE PROVISIONS OF SECTION ONE HUNDRED TWENTY OF THIS CHAPTER AND SECTION TWO HUNDRED FORTY-ONE OF THIS ARTICLE SHALL BE APPLICABLE TO FAMILY CARE LEAVE AS FULLY AS IF SET FORTH IN THIS SECTION. 2. NOTHING IN THIS SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS, PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT CONTRACT. S 7. The workers' compensation law is amended by adding a new section 203-b to read as follows: S 203-B. FAMILY CARE LEAVE. ANY ELIGIBLE EMPLOYEE OF A COVERED EMPLOY- ER WHO TAKES LEAVE UNDER THIS SECTION SHALL BE ENTITLED, ON RETURN FROM SUCH LEAVE, TO BE RESTORED BY THE EMPLOYER TO THE POSITION OF EMPLOYMENT HELD BY THE EMPLOYEE WHEN THE LEAVE COMMENCED, OR TO BE RESTORED TO A COMPARABLE POSITION WITH COMPARABLE EMPLOYMENT BENEFITS, PAY AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT. THE TAKING OF LEAVE FOR THE PURPOSE OF FAMILY CARE SHALL NOT RESULT IN THE LOSS OF ANY EMPLOYMENT BENEFIT ACCRUED PRIOR TO THE DATE ON WHICH THE LEAVE COMMENCED. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ENTITLE ANY RESTORED EMPLOYEE TO THE
ACCRUAL OF ANY SENIORITY OR EMPLOYMENT BENEFITS DURING ANY PERIOD OF LEAVE, OR ANY RIGHT, BENEFIT OR POSITION TO WHICH THE EMPLOYEE WOULD HAVE BEEN ENTITLED HAD THE EMPLOYEE NOT TAKEN THE LEAVE. A VIOLATION OF THIS SECTION SHALL BE A VIOLATION OF SECTION ONE HUNDRED TWENTY OF THIS CHAPTER AND ALL REMEDIES AND PENALTIES AVAILABLE UNDER SECTION ONE HUNDRED TWENTY OF THIS CHAPTER SHALL BE AVAILABLE FOR VIOLATIONS OF THIS SECTION AS FULLY AS IF SET FORTH IN THIS SECTION. S 8. Subdivision 1 of section 204 of the workers' compensation law, as added by chapter 600 of the laws of 1949, is amended and two new subdi- visions 3 and 4 are added to read as follows: 1. Disability benefits shall be payable to an eligible employee for disabilities commencing after June thirtieth, nineteen hundred fifty, beginning with the eighth consecutive day of disability and thereafter during the continuance of disability, subject to the limitations as to maximum and minimum amounts and duration and other conditions and limi- tations in this section and in sections two hundred five and two hundred six OF THIS ARTICLE. WHEN AN EMPLOYEE IS ELIGIBLE TO RECEIVE BENEFITS FOR FAMILY CARE REASONS IMMEDIATELY AFTER RECEIVING BENEFITS FOR THE EMPLOYEE'S OWN INJURY, SICKNESS OR PREGNANCY, BENEFITS SHALL BE PAYABLE TO THE EMPLOYEE BEGINNING ON THE FIRST DAY OF ELIGIBLE FAMILY CARE. Successive periods of disability caused by the same or related injury or sickness OR REASON FOR FAMILY CARE shall be deemed a single period of disability only if separated by less than three months. 3. THE WEEKLY BENEFIT WHICH THE DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR DISABILITY COMMENCING ON OR AFTER JANUARY FIRST, TWO THOU- SAND FIFTEEN SHALL BE TWO-THIRDS OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE, BUT IN NO CASE SHALL SUCH BENEFIT EXCEED THIRTY-FIVE PERCENT OF THE STATEWIDE AVERAGE WEEKLY WAGE AS DETERMINED BY THE STATE DEPARTMENT OF LABOR PURSUANT TO SUBDIVISION SIXTEEN OF SECTION TWO OF THIS CHAPTER. THE WEEKLY BENEFIT WHICH THE DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR DISABILITY COMMENCING ON OR AFTER APRIL FIRST, TWO THOUSAND SIXTEEN SHALL BE TWO-THIRDS OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE, BUT IN NO CASE SHALL SUCH BENEFIT EXCEED FORTY PERCENT OF THE STATEWIDE AVERAGE WEEKLY WAGE AS DETERMINED BY THE STATE DEPARTMENT OF LABOR PURSUANT TO SUBDIVISION SIXTEEN OF SECTION TWO OF THIS CHAPTER. THE WEEKLY BENEFIT WHICH THE DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR DISABILITY COMMENCING ON OR AFTER APRIL FIRST, TWO THOUSAND SEVENTEEN SHALL BE TWO-THIRDS OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT IN NO CASE SHALL SUCH BENEFIT EXCEED FORTY-FIVE PERCENT OF THE STATEWIDE AVERAGE WEEKLY WAGE AS DETERMINED BY THE STATE DEPARTMENT OF LABOR PURSUANT TO SUBDIVI- SION SIXTEEN OF SECTION TWO OF THIS CHAPTER. THE WEEKLY BENEFIT WHICH THE DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR DISABILITY COMMENCING ON OR AFTER APRIL FIRST, TWO THOUSAND EIGHTEEN AND SUBSEQUENTLY SHALL BE TWO-THIRDS OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT IN NO CASE SHALL SUCH BENEFIT EXCEED FIFTY PERCENT OF THE STATEWIDE AVERAGE WEEKLY WAGE AS DETERMINED BY THE STATE DEPARTMENT OF LABOR PURSUANT TO SUBDIVISION SIXTEEN OF SECTION TWO OF THIS CHAPTER. FOR DISABILITY COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, THE WEEKLY BENEFIT FOR A DISABLED EMPLOYEE WHO IS CONCURRENTLY ELIGIBLE FOR BENEFITS IN THE EMPLOYMENT OF MORE THAN ONE COVERED EMPLOYER SHALL, WITHIN THE MAXIMUM HEREIN PROVIDED, BE TWO-THIRDS OF THE TOTAL OF THE EMPLOYEE'S AVERAGE WEEKLY WAGES RECEIVED FROM ALL SUCH COVERED EMPLOYERS, AND SHALL BE ALLOCATED IN THE PROPORTION OF THEIR RESPECTIVE AVERAGE WEEKLY WAGE PAYMENTS. 4. NOTWITHSTANDING ANY CONTRARY PROVISIONS IN THIS ARTICLE, AN EMPLOY- EE SHALL BE ENTITLED TO TAKE LEAVE FOR FAMILY CARE UNDER THIS ARTICLE ON
AN INTERMITTENT OR REDUCED LEAVE SCHEDULE, EXCEPT THAT AN EMPLOYEE SHALL NOT BE ENTITLED TO INTERMITTENT OR REDUCED LEAVE TO PROVIDE FAMILY CARE UNDER PARAGRAPH A OF SUBDIVISION FIFTEEN OF SECTION TWO HUNDRED ONE OF THIS ARTICLE UNLESS SHOWN TO BE MEDICALLY NECESSARY. THE EMPLOYEE SHALL MAKE A REASONABLE EFFORT TO SCHEDULE INTERMITTENT OR REDUCED LEAVE SO AS NOT TO UNDULY DISRUPT THE OPERATIONS OF THE EMPLOYER. LEAVE TAKEN ON AN INTERMITTENT OR REDUCED LEAVE SCHEDULE SHALL NOT RESULT IN A REDUCTION OF THE TOTAL AMOUNT OF LEAVE TO WHICH AN EMPLOYEE IS ENTITLED UNDER THIS ARTICLE BEYOND THE AMOUNT OF LEAVE ACTUALLY TAKEN. S 9. Subdivisions 1, 2, 3, 4, 7 and 8 of section 205 of the workers' compensation law, subdivision 1 as amended by chapter 651 of the laws of 1958, subdivision 2 as amended by chapter 270 of the laws of 1990 and subdivisions 3, 4, 7 and 8 as added by chapter 600 of the laws of 1949 and as renumbered by chapter 352 of the laws of 1981, are amended and a new subdivision 9 is added to read as follows: 1. (A) For DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF AN EMPLOYEE, FOR more than twenty-six weeks during a period of fifty-two consecutive calendar weeks or during any one period of disability; OR (B) FOR FAMILY CARE, FOR MORE THAN TWELVE WEEKS DURING A PERIOD OF FIFTY-TWO CONSECUTIVE CALENDAR WEEKS OR DURING ANY ONE PERIOD OF FAMILY CARE; 2. for any period of disability RESULTING FROM THE INJURY, SICKNESS OR PREGNANCY OF AN EMPLOYEE during which an employee is not under the care of a [duly licensed physician or with respect to disability resulting from a condition of the foot which may lawfully be treated by a duly registered and licensed podiatrist of the state of New York or with respect to a disability resulting from a condition which may lawfully be treated by a duly registered and licensed chiropractor of the state of New York or with respect to a disability resulting from a condition which may lawfully be treated by a duly licensed dentist of the state of New York or with respect to a disability resulting from a condition which may lawfully be treated by a duly registered and licensed psychol- ogist of the state of New York or with respect to a disability resulting from a condition which may lawfully be treated by a duly certified nurse midwife, for any period of such disability during which an employee is neither under the care of a physician nor a podiatrist, nor a chiroprac- tor, nor a dentist, nor a psychologist, nor a certified nurse midwife; and for any period of disability during which an employee who adheres to the faith or teachings of any church or denomination and who in accord- ance with its creed, tenets or principles depends for healing upon pray- er through spiritual means alone in the practice of religion, is not under the care of a practitioner duly accredited by the church or denom- ination, and provided such employee shall submit to all physical exam- inations as required by this chapter.] HEALTH CARE PROVIDER; 3. for any disability RESULTING FROM INJURY OR SICKNESS OF AN EMPLOYEE occasioned by the wilful intention of the employee to bring about injury to or the sickness of himself or another, or resulting from any injury or sickness sustained in the perpetration by the employee of an illegal act; 4. for any day of disability during which the employee performed work for remuneration or profit; BUT NOT INCLUDING ANY REMUNERATION RECEIVED FOR CARING FOR A FOSTER OR ADOPTED CHILD OR OTHER INDIVIDUAL RESIDING IN THE EMPLOYEE'S PLACE OF RESIDENCE; 7. for any disability due to any act of war, declared or undeclared, if such act shall occur after June thirtieth, nineteen hundred fifty, EXCEPT THAT NOTHING IN THIS SUBDIVISION SHALL BAR AN EMPLOYEE FROM
RECEIVING BENEFITS UNDER THIS ARTICLE FOR CARE OF A FAMILY MEMBER DISA- BLED DUE TO AN ACT OF WAR; 8. for any disability RESULTING FROM AN INJURY, SICKNESS OR PREGNANCY OF THE EMPLOYEE commencing before the employee becomes eligible to bene- fits hereunder [or commencing prior to July first, nineteen hundred fifty, but this shall not preclude benefits for recurrence after July first, nineteen hundred fifty, of a disability commencing prior there- to.]; 9. FOR ANY DAY OF ABSENCE FROM WORK RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF THE EMPLOYEE TAKEN UNDER SECTION SEVENTY-ONE OR SEVENTY-THREE OF THE CIVIL SERVICE LAW. S 10. The workers' compensation law is amended by adding a new section 205-a to read as follows: S 205-A. RELATIONSHIP BETWEEN DISABILITY BENEFITS FOR FAMILY CARE AND FOR THE EMPLOYEE'S OWN INJURY, SICKNESS OR PREGNANCY. 1. THE RECEIPT OF BENEFITS FOR DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF THE EMPLOYEE, SHALL NOT COUNT TOWARD ANY TIME LIMITATION UNDER SUBDIVI- SION ONE OF SECTION TWO HUNDRED FIVE OF THIS ARTICLE ON THE RECEIPT OF BENEFITS FOR FAMILY CARE, AND THE RECEIPT OF BENEFITS FOR FAMILY CARE SHALL NOT COUNT TOWARD ANY TIME LIMITATION UNDER SUBDIVISION ONE OF SECTION TWO HUNDRED FIVE OF THIS ARTICLE ON THE RECEIPT OF BENEFITS FOR DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY TO THE EMPLOYEE, EXCEPT THAT AN EMPLOYEE MAY RECEIVE DISABILITY BENEFITS ON ONLY ONE CLAIM AT ANY TIME. 2. AN EMPLOYER MAY REQUIRE THAT AN INDIVIDUAL WHO IS ENTITLED TO LEAVE UNDER THE PROVISIONS OF THE FAMILY AND MEDICAL LEAVE ACT OF 1993, 29 U.S.C. SEC. 2601 ET SEQ. SHALL TAKE ANY FAMILY CARE BENEFITS PROVIDED UNDER THIS ARTICLE CONCURRENTLY WITH LEAVE TAKEN PURSUANT TO THE FAMILY AND MEDICAL LEAVE ACT. S 11. Subdivision 3 of section 209 of the workers' compensation law, as amended by chapter 415 of the laws of 1983, is amended to read as follows: 3. The contribution of each such employee to the cost of disability benefits provided by this article shall be one-half of one per centum of the employee's wages paid to him on and after July first, nineteen hundred fifty, but not in excess of sixty cents per week FOR THE COST OF DISABILITY BENEFITS FOR INJURY, SICKNESS OR PREGNANCY OF THE EMPLOYEE PLUS THE FAMILY CARE COST, AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION TWO HUNDRED ONE OF THIS ARTICLE. S 11-a. Section 210 of the workers' compensation law, as added by chapter 600 of the laws of 1949, is amended to read as follows: S 210. Employer contributions. 1. Every covered employer shall, on and after January first, nineteen hundred fifty, contribute the cost of providing [disability] benefits FOR DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY in excess of the contributions collected from his employees, to the extent and in the manner provided in this article. 2. The special contribution of each covered employer to the accumu- lation of funds to provide benefits for disabled unemployed shall be as provided in subdivision one of section two hundred fourteen. 3. The contribution of every covered employer to the cost of providing [disability] benefits FOR DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY after June thirtieth, nineteen hundred fifty, shall be the excess of such cost over the amount of the contributions of his employ- ees. 4. No profit shall be derived by any employer or association of employers or of employees from providing payment of disability benefits
under this article. All funds representing contributions of employers and employees, and increments thereon, held by employers or associations of employers or of employees authorized or permitted to pay benefits under the provisions of this article, and by trustees paying benefits under plans or agreements meeting the requirements of section two hundred eleven, shall be trust funds and shall be expended only to provide for the payment of benefits to employees and for the costs of administering this article and for the support of the fund established under section two hundred fourteen. S 12. Section 211 of the workers' compensation law is amended by adding two new subdivisions 7 and 8 to read as follows: 7. SUCH FAMILY CARE BENEFITS AS ARE PROVIDED FOR IN THIS ARTICLE SHALL BE IN ADDITION TO, AND SHALL NOT AMEND, REPEAL OR REPLACE, THE TERMS OF ANY AGREEMENT THAT IS COLLECTIVELY NEGOTIATED BETWEEN AN EMPLOYER AND AN EMPLOYEE ORGANIZATION, INCLUDING AGREEMENT OR INTEREST ARBITRATION AWARDS MADE PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. 8. NOTHING IN THIS ARTICLE SHALL REQUIRE AN EMPLOYER TO USE THE SAME CARRIER TO PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE UNDER THIS ARTI- CLE FOR DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF THE EMPLOYEE AS IT USES TO PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE UNDER THIS ARTICLE FOR FAMILY CARE. AN EMPLOYER MAY USE A DIFFERENT MEANS, AMONG THOSE SET FORTH IN SUBDIVISIONS ONE THROUGH FIVE OF THIS SECTION, TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE FOR DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF THE EMPLOYEE, FROM THE MEANS USED TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE FOR FAMILY CARE. S 13. The workers' compensation law is amended by adding a new section 211-a to read as follows: S 211-A. PUBLIC EMPLOYEES; EMPLOYEE OPT IN. 1. FOR PURPOSES OF THIS SECTION, "PUBLIC EMPLOYEE" MEANS ANY EMPLOYEE OF THE STATE, ANY POLI- TICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY OR ANY OTHER GOVERN- MENTAL AGENCY OR INSTRUMENTALITY. "PUBLIC EMPLOYER" MEANS THE STATE, ANY POLITICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY OR ANY OTHER GOVERNMENTAL AGENCY OR INSTRUMENTALITY THEREOF. "EMPLOYEE ORGANIZATION" SHALL HAVE THE MEANING SET FORTH IN SECTION TWO HUNDRED ONE OF THE CIVIL SERVICE LAW. 2. PUBLIC EMPLOYERS SHALL PROVIDE BENEFITS FOR FAMILY CARE TO PUBLIC EMPLOYEES WHERE AN EMPLOYEE ORGANIZATION THAT REPRESENTS THOSE EMPLOYEES OPTS IN TO FAMILY CARE IN ACCORDANCE WITH THE PROCEDURES AND TERMS SET FORTH IN SUBDIVISION THREE OF THIS SECTION. 3. AN EMPLOYEE ORGANIZATION MAY OPT IN TO THE FAMILY CARE BENEFIT ON BEHALF OF THOSE EMPLOYEES IT REPRESENTS: A. UPON NOTICE GIVEN PRIOR TO APRIL FIRST, TWO THOUSAND FIFTEEN, WHICH OPT IN SHALL BECOME EFFECTIVE ONLY ON JULY FIRST, TWO THOUSAND FIFTEEN; B. AT ANY TIME UPON NINETY DAYS NOTICE FOR ANY EMPLOYER WHO IS NOT PROVIDING DISABILITY BENEFITS FOR INJURY, SICKNESS OR PREGNANCY OF AN EMPLOYEE UNDER SECTION TWO HUNDRED TWELVE OF THIS ARTICLE, OR WHO IS SELF-INSURED FOR SUCH BENEFITS; C. FOR ANY EMPLOYER WHO IS PROVIDING DISABILITY BENEFITS FOR INJURY, SICKNESS OR PREGNANCY OF AN EMPLOYEE UNDER SECTION TWO HUNDRED TWELVE OF THIS ARTICLE, UPON NOTICE AT LEAST NINETY DAYS PRIOR TO THE EXPIRATION OF THE EMPLOYER'S INSURANCE POLICY FOR SUCH BENEFITS, WHICH OPT IN SHALL BE EFFECTIVE ONLY FOR THE TIME PERIOD COVERED BY ANY SUBSEQUENT POLICY OR RENEWAL; OR D. AT ANY TIME AS IS MUTUALLY AGREED UPON BETWEEN THE EMPLOYEE ORGAN- IZATION AND ANY PUBLIC EMPLOYER.
AN EMPLOYEE ORGANIZATION THAT HAS OPTED IN TO THE FAMILY CARE BENEFIT MAY OPT OUT OF IT WITHIN THE TIME PERIODS, AND EFFECTIVE UPON THE SAME DATES, SET FORTH IN THIS PARAGRAPH. 4. IN THE ABSENCE OF ANY CONTRARY STATEMENT IN A COLLECTIVELY NEGOTI- ATED AGREEMENT UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, A PUBLIC EMPLOYER MAY REQUIRE PUBLIC EMPLOYEES WHO OPT IN UNDER THIS SECTION TO CONTRIBUTE UP TO THE FAMILY CARE COST, AS DEFINED IN SUBDIVISION TWEN- TY-FOUR OF SECTION TWO HUNDRED ONE OF THIS ARTICLE, PER WEEK IN ACCORD- ANCE WITH THE PROCEDURE SET FORTH IN SECTION TWO HUNDRED NINE OF THIS ARTICLE. S 14. Subdivisions 1 and 2 of section 212 of the workers' compensation law, subdivision 1 as amended by chapter 740 of the laws of 1960 and subdivision 2 as amended by chapter 120 of the laws of 1969, are amended to read as follows: 1. Any employer not required by this article to provide for the payment of disability benefits to his employees, or to any class or classes thereof, may become a covered employer or bring within the provisions of this article such employees or class or classes thereof by voluntarily electing to provide for payment of [such] benefits FOR DISA- BILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF AN EMPLOYEE OR FOR FAMILY CARE, OR BOTH, in one or more of the ways set forth in section two hundred eleven OF THIS ARTICLE; but such election shall be subject to the approval of the [chairman] CHAIR, and if the employees are required to contribute to the cost of such benefits the assent with- in thirty days before such approval is granted, of more than one-half of such employees shall be evidenced to the satisfaction of the [chairman] CHAIR. On approval by the [chairman] CHAIR of such election to provide benefits, all the provisions of this article shall become and continue applicable as if the employer were a covered employer as defined in this article. The obligation to continue as a covered employer with respect to employees for whom provision of benefits is not required under this article, may be discontinued by such employer on ninety days notice to the [chairman] CHAIR in writing and to his employees, after he has provided for payment of benefits for not less than one year and with such provision for payment of obligations incurred on and prior to the termination date as the [chairman] CHAIR may approve. ANY ELECTION BY A PUBLIC EMPLOYER TO PROVIDE FAMILY CARE BENEFITS MADE PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN SHALL BE EFFECTIVE ON THAT DATE. 2. Notwithstanding the definition of "employer" and "employment" in section two hundred one of this article, THE STATE, a public authority, a municipal corporation or a fire district or other political subdivi- sion may become a covered employer under this article by complying with the provisions of subdivision one of this section and may discontinue such status only as provided in [that] SUCH subdivision. S 15. Subdivisions 1, 2, 3 and 4 of section 217 of the workers' compensation law, subdivision 1 as amended by chapter 167 of the laws of 1999, subdivisions 2 and 3 as amended by chapter 270 of the laws of 1990 and subdivision 4 as added by chapter 600 of the laws of 1949, are amended to read as follows: 1. Written notice and proof of disability shall be furnished to the employer by or on behalf of the employee claiming benefits or, in the case of a claimant under section two hundred seven of this article, to the chair, within thirty days after commencement of the period of disa- bility. Additional proof shall be furnished thereafter from time to time as the employer or carrier or chair may require but not more often than once each week. Such proof shall include:
(A) IN THE CASE OF DISABILITY RESULTING FROM INJURY, SICKNESS OR PREG- NANCY OF THE EMPLOYEE, a statement of disability by the employee's attending [physician or attending podiatrist or attending chiropractor or attending dentist or attending psychologist or attending certified nurse midwife, or in the case of an employee who adheres to the faith or teachings of any church or denomination, and who in accordance with its creed, tenets or principles depends for healing upon prayer through spiritual means alone in the practice of religion, by an accredited practitioner, containing facts and opinions as to such disability in compliance with regulations of the chair.] HEALTH CARE PROVIDER; (B) IN THE CASE OF FAMILY CARE FOR BONDING WITH A NEW CHILD, A BIRTH CERTIFICATE, CERTIFICATE OF ADOPTION, OR OTHER COMPETENT EVIDENCE SHOW- ING THAT THE EMPLOYEE IS THE PARENT OF A CHILD WITHIN TWELVE MONTHS OF THAT CHILD'S BIRTH OR PLACEMENT FOR ADOPTION OR FOSTER CARE WITH THE EMPLOYEE; (C) IN THE CASE OF BENEFITS FOR CARE OF A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION: (I) A STATEMENT BY THE FAMILY MEMBER'S HEALTH CARE PROVIDER, CONTAIN- ING FACTS AND OPINIONS AS TO SUCH HEALTH CONDITION IN COMPLIANCE WITH REGULATIONS OF THE CHAIR; AND (II) A STATEMENT SUBSCRIBED BY THE EMPLOYEE AND AFFIRMED BY HIM OR HER AS TRUE UNDER PENALTIES OF PERJURY, OR OTHER EQUIVALENT DOCUMENTARY PROOF, THAT THE EMPLOYEE IS A PRIMARY CARE GIVER FOR THE FAMILY MEMBER DURING THE TIME OF DISABILITY; (D) IN THE CASE OF BENEFITS DUE TO A MILITARY EXIGENCY, PROOF OF CALL TO ACTIVE DUTY AND CERTIFICATION THAT THE LEAVE IS FOR ONE OF THE EXIGENCIES AUTHORIZED FOR LEAVE UNDER REGULATION OF THE FAMILY AND MEDICAL LEAVE ACT, 29 CFR SEC. 825.309(6). Failure to furnish notice or proof within the time and in the manner above provided shall not invalidate the claim but no benefits shall be required to be paid for any period more than two weeks prior to the date on which the required proof is furnished unless it shall be shown to the satisfaction of the chair not to have been reasonably possible to furnish such notice or proof and that such notice or proof was furnished as soon as possible; provided, however, that no benefits shall be paid unless the required proof of disability is furnished within twenty-six weeks after commencement of the period of disability. No limitation of time provided in this section shall run as against any person who is mentally incompetent, or physically incapable of providing such notice as a result of a serious medical condition, or a minor so long as such person has no guardian of the person and/or property. 2. An employee claiming benefits FOR THE EMPLOYEE'S INJURY, SICKNESS OR PREGNANCY, OR THE FAMILY MEMBER OF SUCH EMPLOYEE IN ANY CASE WHERE THE EMPLOYEE CLAIMS FAMILY CARE BENEFITS FOR PROVIDING CARE TO THAT FAMILY MEMBER shall, as requested by the employer or carrier, submit himself or herself at intervals, but not more than once a week, for examination by a [physician or podiatrist or chiropractor or dentist or psychologist or certified nurse midwife] RELEVANT HEALTH CARE PROVIDER designated by the employer or carrier. All such examinations shall be without cost to the employee OR FAMILY MEMBER and shall be held at a reasonable time and place. 3. The chair may direct the claimant WHO SEEKS DISABILITY BENEFITS FOR HIS OR HER INJURY, SICKNESS OR PREGNANCY, OR THE CLAIMANT'S FAMILY MEMBER WHERE THE CLAIMANT SEEKS DISABILITY BENEFITS FOR FAMILY LEAVE TO PROVIDE CARE TO THAT FAMILY MEMBER to submit to examination by a [physi- cian or podiatrist or chiropractor or dentist or psychologist] RELEVANT
HEALTH CARE PROVIDER designated by him or her in any case in which the claim to disability benefits is contested and in claims arising under section two hundred seven OF THIS ARTICLE, and in other cases as the chair or board may require. 4. Refusal of the claimant OR FAMILY MEMBER without good cause to submit to any such examination shall disqualify [him] THE CLAIMANT from all benefits hereunder for the period of such refusal, except as to benefits already paid. S 16. Section 221 of the workers' compensation law, as separately amended by chapters 425 and 500 of the laws of 1985, is amended to read as follows: S 221. Determination of contested claims for disability benefits. Within twenty-six weeks of written notice of rejection of claim, the employee may file with the [chairman] CHAIR a notice that his or her claim for disability benefits has not been paid, and the employee shall submit proof of disability and of his or her employment, wages and other facts reasonably necessary for determination of the employee's right to such benefits. Failure to file such notice within the time provided, may be excused by the [chairman] CHAIR if it can be shown to the satis- faction of the [chairman] CHAIR not to have been reasonably possible to furnish such notice and that such notice was furnished as soon as possi- ble. On demand of the [chairman] CHAIR the employer or carrier shall forthwith deliver to the [chairman] CHAIR PROOF OF DISABILITY, INCLUDING IF RELEVANT the original or a true copy of the [attending physician's or attending podiatrist's or accredited practitioner's] HEALTH CARE PROVID- ER'S statement, wage and employment data and all other papers in the possession of the employer or carrier with respect to such claim OR COMPLAINT. The board shall have full power and authority to determine all issues in relation to every such claim for disability benefits required or provided under this article, and shall file its decision in the office of the [chairman] CHAIR. Upon such filing, the [chairman] CHAIR shall send to the parties a copy of the decision. Either party may present evidence and be represented by counsel at any hearing on such claim. The decision of the board shall be final as to all questions of fact and, except as provided in section twenty-three of this chapter, as to all questions of law. Every decision of the board shall be complied with in accordance with its terms within ten days thereafter except in case of appeal, and any payments due under such decision shall draw simple interest from thirty days after the making thereof at the rate provided in section five thousand four of the civil practice law and rules. S 16-a. Subdivisions 2 and 3 of section 226 of the workers' compen- sation law, as added by chapter 600 of the laws of 1949, are amended to read as follows: 2. Every such policy shall contain a provision that, as between the employee and the insurance carrier, the notice to or knowledge of the occurrence of the [injury or sickness] DISABILITY on the part of the employer shall be deemed notice or knowledge as the case may be, on the part of the insurance carrier; that jurisdiction of the employer shall, for the purpose of this chapter, be jurisdiction of the insurance carri- er and that the insurance carrier shall in all things be bound by and subject to the orders, findings or decisions rendered in connection with the payment of benefits under the provisions of this article. 3. Every such policy shall contain a provision to the effect that the insolvency or bankruptcy of the employer shall not relieve the insurance
carrier from the payment of benefits for disability [suffered by an employee] THAT OCCURS during the life of such policy. S 17. Subdivisions 1 and 2 of section 229 of the workers' compensation law, subdivision 1 as amended and subdivision 2 as added by chapter 271 of the laws of 1985, is amended to read as follows: 1. Each covered employer shall post and maintain in a conspicuous place or places in and about the employer's place or places of business typewritten or printed notices in form prescribed by the chairman, stat- ing that the employer has provided for the payment of disability bene- fits as required by this article. The chairman may require any covered employer to furnish a written statement at any time showing the carrier insuring the payment of benefits under this article or the manner in which such employer has complied with section two hundred eleven or any other provision of this article. Failure for a period of ten days to furnish such written statement shall constitute presumptive evidence that such employer has neglected or failed in respect of any of the matters so required. EACH COVERED EMPLOYER SHALL PROVIDE EACH EMPLOYEE WITH A TYPEWRITTEN, PRINTED OR ELECTRONIC NOTICE IN A FORM PRESCRIBED BY THE CHAIR, STATING THAT THE EMPLOYER HAS PROVIDED FOR THE PAYMENT OF DISABILITY BENEFITS AS REQUIRED BY THIS ARTICLE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FOURTEEN WHICH AMENDED THIS SUBDIVISION. EACH COVERED EMPLOYER SHALL PROVIDE SUCH NOTICE TO ALL NEW EMPLOYEES WITHIN THIRTY DAYS OF THEIR FIRST DAY OF WORK. 2. Whenever an employee of a covered employer who is eligible for benefits under section two hundred four of this article shall be absent from work due to a disability as defined in subdivision nine of section two hundred one of this article for more than seven consecutive days, the employer shall provide the employee with a written statement of the employee's rights under this article in a form prescribed by the [chair- man] CHAIR. The statement shall be provided to the employee within five business days after the employee's seventh consecutive day of absence due to disability or within five business days after the employer knows or should know that the employee's absence is due to disability, which- ever is later. S 18. The workers' compensation law is amended by adding a new section 239-a to read as follows: S 239-A. FAMILY CARE OUTREACH STUDY AND MONITORING. 1. THE DEPARTMENT OF LABOR SHALL DEVELOP AND IMPLEMENT A PUBLIC EDUCATION CAMPAIGN TO INFORM WORKERS AND EMPLOYERS REGARDING THE AVAILABILITY OF FAMILY CARE UNDER THIS CHAPTER. THE DEPARTMENT OF LABOR'S PUBLIC OUTREACH CAMPAIGN MAY INCLUDE LOCALLY TAILORED PUBLIC EDUCATION STRATEGIES TARGETED TO NEW PARENTS AND FAMILY CAREGIVERS WHO MAY BE ELIGIBLE FOR FAMILY CARE UNDER THIS CHAPTER. AS PART OF THE PUBLIC EDUCATION PROGRAM, PUBLIC OFFICIALS MAY MAINTAIN A SUPPLY OF INFORMATIONAL LEAFLETS IN PUBLIC BUILDINGS, INCLUDING BUT NOT LIMITED TO LOCAL EMPLOYMENT SERVICES OFFICES OF THE DEPARTMENT OF LABOR, INSTITUTIONS AND FACILITIES UNDER THE SUPERVISION OR CONTROL OF THE DEPARTMENT OF HEALTH, HOSPITALS, UNION HALLS, COMMUNI- TY CENTERS, SCHOOLS AND LOCAL AGENCIES PROVIDING SERVICES TO EMPLOYERS AND EMPLOYEES TO HELP ENSURE THAT SUCH PERSONS ARE INFORMED OF THE AVAILABILITY OF FAMILY CARE UNDER THIS CHAPTER. THE DEPARTMENT OF LABOR SHALL MAKE PUBLIC EDUCATION INFORMATION AVAILABLE IN ENGLISH, SPANISH, CHINESE, RUSSIAN, ITALIAN, KOREAN, HAITIAN CREOLE, AND ANY OTHER LANGUAGES DEEMED APPROPRIATE BY THE DEPARTMENT OF LABOR. 2. THE DEPARTMENT OF FINANCIAL SERVICES SHALL STUDY, AND REPORT TO THE GOVERNOR AND BOTH HOUSES OF THE LEGISLATURE BY APRIL FIRST, TWO THOUSAND
FIFTEEN, ON THE FEASIBILITY AND IMPACT OF COMMUNITY RATING DISABILITY INSURANCE OR ANY ASPECT THEREOF. 3. THERE SHALL BE CREATED THE FAMILY CARE ADVISORY COUNCIL, WHICH SHALL CONSIST OF FIFTEEN MEMBERS TO BE APPOINTED BY THE GOVERNOR AS FOLLOWS: TWO ON RECOMMENDATION BY THE NEW YORK STATE AMERICAN FEDERATION OF LABOR-CONGRESS OF INDUSTRIAL ORGANIZATIONS, ONE OF WHOM SHALL BE REPRESENTATIVE OF PUBLIC EMPLOYEE ORGANIZATIONS CERTIFIED UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, PARTICIPATING IN THE PAID FAMILY CARE PLAN, ONE OF WHOM IS REPRESENTATIVE OF UNIONS REPRESENTING WORKERS EMPLOYED IN THE PRIVATE SECTOR; TWO WHO ARE REPRESENTATIVES OF ORGANIZA- TIONS THAT REPRESENT EITHER COVERED BUSINESS OR PUBLIC EMPLOYERS IN NEW YORK STATE PARTICIPATING IN THE PAID FAMILY LEAVE PLAN; TWO ON NOMI- NATION OF THE SPEAKER OF THE ASSEMBLY; ONE ON NOMINATION BY THE MINORITY LEADER OF THE ASSEMBLY; TWO ON NOMINATION BY THE TEMPORARY PRESIDENT OF THE SENATE; ONE ON NOMINATION BY THE MINORITY LEADER OF THE SENATE; AND THE SUPERINTENDENT OF FINANCIAL SERVICES, COMMISSIONER OF LABOR AND CHAIR OF THE WORKERS' COMPENSATION BOARD, WHO SHALL SERVE AS MEMBERS EX OFFICIO. THE COMMISSIONER OF LABOR SHALL SERVE AS CHAIR OF THE COUNCIL. THE SUPERINTENDENT OF FINANCIAL SERVICES AND CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL CONSULT REGULARLY WITH THE COUNCIL ON THE IMPLEMENTATION OF THE FAMILY CARE BENEFIT. THE DEPARTMENT OF LABOR, THE DEPARTMENT OF FINANCIAL SERVICES AND THE WORKERS' COMPENSATION BOARD SHALL PROVIDE ALL NECESSARY PERSONNEL AND LOGISTICAL SUPPORT AS MAY BE NECESSARY TO COMPLETE THE DUTIES OF THE ADVISORY COUNCIL. THE COUNCIL OR ANY OF ITS MEMBERS MAY ISSUE SUCH RECOMMENDATIONS OR REPORTS AS THEY DEEM WARRANTED ON THE FAMILY CARE BENEFIT, INCLUDING ON THE SCOPE OF THE BENEFIT, PROBLEMS WITH THE BENEFIT; FUNDING OF THE BENEFIT INCLUDING PASS-THROUGH COSTS; POSSIBLE STATUTORY AMENDMENTS AND REGULATORY CHANG- ES; USAGE RATES; OUTREACH; AND COMMUNITY RATING. ANY SUCH RECOMMENDA- TIONS OR REPORTS SHALL BE PROVIDED TO THE GOVERNOR, SUPERINTENDENT OF FINANCIAL SERVICES, SPEAKER OF THE ASSEMBLY, TEMPORARY PRESIDENT OF THE SENATE AND MINORITY LEADERS OF THE SENATE AND ASSEMBLY. EACH MEMBER OF THE COMMISSION SHALL SERVE A TERM OF THREE YEARS. AN APPOINTMENT TO FILL A VACANCY SHALL BE MADE FOR THE REMAINDER OF THE AFFECTED TERM. MEMBERS SHALL RECEIVE NO COMPENSATION. S 19. Paragraph 3 of subsection (a) of section 1113 of the insurance law is amended to read as follows: (3) "Accident and health insurance," means (i) insurance against death or personal injury by accident or by any specified kind or kinds of accident and insurance against sickness, ailment or bodily injury, including insurance providing disability benefits pursuant to article nine of the workers' compensation law, INCLUDING ANY INSURANCE UNDER THAT ARTICLE FOR FAMILY CARE BENEFITS, DISABILITY BENEFITS RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF AN EMPLOYEE, OR ALL, except as specified in item (ii) [hereof] OF THIS PARAGRAPH; and (ii) non-cancell- able disability insurance, meaning insurance against disability result- ing from sickness, ailment or bodily injury (but excluding insurance solely against accidental injury) under any contract which does not give the insurer the option to cancel or otherwise terminate the contract at or after one year from its effective date or renewal date. S 20. This act shall take effect immediately; provided, however, that: (a) Sections two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen and nineteen of this act shall take effect January 1, 2015. (b) Paragraph a of subdivision 3 of section 211-a of the workers' compensation law, as added by section thirteen of this act allowing
public employees to opt in to family care benefits prior to July 1, 2015 and subdivision 1 of section 212 of the workers' compensation law as amended by section fourteen of this act allowing public employers to opt in to family care benefits prior to July 1, 2015, shall take effect immediately. (c) Effective immediately, the addition, amendment and/or repeal of any rules or regulations necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

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