Provides benefits for injury, sickness, pregnancy or family leave

Summary of provisions

Section 1: amends the workers' compensation law defining disability

Section 2: amends subdivision 14 of the workers compensation law defining a "day of disability"

Section 3: amends section 201 of the worker's compensation law defining "family care", "child", "domestic partner", "serious health condition", "parent", "family member", "in loco parentis", "grandchild", "health care provider", and "family care cost".

Section 3-a: adds section 203-a to the workers' compensation law regarding prohibition of retaliatory action

Section 3-b: adds section 203-b to the workers' compensation law regarding eligibility for family care leave

Section 3-c: amends section 120 of the workers' compensation law regarding discrimination related to family care leave by employers

Section 4: amends subdivision 1 of section 205 of the workers' compensation law and adds a new subdivision 3 regarding payment of benefits

Section 5: amends and adds a new section 9 to section 205 of the workers' compensation law regarding family leave benefit eligibility

Section 6: adds a new section 205-a to the workers compensation law regarding receipt of benefits and limitations

Section 7: amends subdivision 3 of section 209 of the workers' compensation law regarding employee contribution to the cost of disability benefits

Section 7-a: adds two new subdivisions 7 and B 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 7-b: adds a new section 211-a to the workers compensation law regarding public employees and family leave benefits

Section 8: subdivisions 1 and 2 of section 212 of the workers' compensation law are amended regarding employer obligation of provision of family care benefits Section 8-a: amends subdivision 2 of section 76 of the workers' compensation law regarding the state insurance fund and provision of family care benefits

Section 9: amends subdivisions 1, 2, 3 and 4 of section 217 of the workers' compensation law regarding provision of proof of disability by employee

Section 10: amends section 211 of the workers' compensation law regarding denial of rights to paid family leave benefits

Section 11: amends subdivision 2 of section 229 of the workers' compensation law regarding employer obligation to provide information about family leave benefits

Section 12: amends the workers' compensation law adding a new section 239-a regarding a study by the department of insurance, governor, and both houses of the legislature and community rating disability insurance

Section 13: amends paragraph 3 of subsection (al of section 1113 of the insurance law defining "accident and health insurance"

Section 14: 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.

Legislative history

New bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately; provided however, that: (a) Sections one, two, three, three-a, three-b, four, five, six, seven, seven-a, seven-b, eight, nine, nine-a, ten, eleven and thirteen of this act shall take effect on January 1, 2012. (b) Paragraph a of subdivision 3 of section 211-a of the workers' compensation law, as added by section seven-b of this act allowing public employees to opt in to family care benefits prior to July 1, 2012 and subdivision 1 of section 212 of the workers' compensation law as amended by section eight of this act allowing public employers to opt in to family care benefits prior to July 1, 2012, 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.