Establishes family care leave benefits within the disability provisions of the workers' compensation law

Summary of provisions

Section 1: Amends subdivision 9 of section 201 of the workers' compensation law by including family care within the definition of disability.

Section 2: Amends subdivision 14 of section 201 of the workers' compensation law to define family care as any leave taken to bond with a new child within the first 12 months of the child being born, or placed with a parent through adoption or foster care. It also includes any leave taken to provide care, be it physical or psychological, for a family member with a serious health condition.

Section 3: Amends section 202 of the workers' compensation law by adding a new subdivision 1-a to state that family care leave will be provided to public employees and private employees in business with 25 or more employees.

Section 4: Amends the workers' compensation law by adding two new section 203-a and 203-b. This states that any employee taking family care leave shall be restored to the same position, or a comparable position, upon their return from leave.

Section 5: Amends section 204 of the workers' compensation law to add a new subdivision 3 gradually increasing the capped amount of Temporary Disability Insurance (TDI) in three steps from its current level of $170 per week. On January 1, 2015 the benefit will equal 1/2 of an employee's weekly wage, up to maximum of 35% of the Statewide Average Weekly Wage (AWW). This cap increases to 40% in 2016, and 50% in 2017 where it will remain.

Section 6: Amends subdivisions 1, 2, 3, 4, and 8 of section 205 of the workers' compensation law to limit the amount of family care leave an employee is entitled to take to six weeks within a continuous fifty-two week period. Exempts remuneration received for caring for a foster or adopted child.

Section 7: Amends the workers' compensation law to add a new section 205-a to state that time taken for leave resulting from an injury, sickness, or pregnancy shall not count against the six weeks of family care leave,and states that disability benefits can only be received one claim at a time.

Section 8: Amends section 209 of the workers' compensation law to state that family care benefits shall be provided at no cost to

employees in 2015 by the State. In subsequent years, this level of funding will be continued along with an employee contribution that shall be set by the Superintendent of Financial Services. Employers will not contribute toward the cost of family care benefits.

Section 9: Amends section 211 of the workers' compensation law to state that nothing in this act shall amend, repeal, or replace any existing collective bargaining agreements negotiated between covered employers and employee organizations or agreements mandated by binding arbitration. Nothing in this act mandates that employers use the same carrier to pay for family care leave that they use to pay for existing disability benefits.

Section 10: Amends the workers' compensation law to add a new section 211-a to provide an employee option for public employees.

Section 11: Amends subdivisions 1, 2, 3, and 4 of section 217 of the workers' compensation law to state that employees must provide proof of the birth or placement of a child to receive family care benefits.

Section 12: Amends subdivision 2 of section 229 of the workers' compensation law to mandate that employers give notice to existing and new employees of this benefit.

Section 13: Amends subdivision 2 of section 76 of the workers' compensation law to enlarge the purposes of the state insurance fund to provide insurance for the payment of family care benefits either in the same policy with or in a separate policy from benefits for disability resulting from injury or sickness to or pregnancy of an employee.

Section 14: Amends paragraph 3 of subsection (a) of section 1113 of the insurance law to include family care leave to the definition of accident and health insurance.

Section 15: This act shall take effect immediately.

Justification

In these challenging economic times it is becoming increasingly difficult to raise and care for a family. More so than ever, both parents must now deal with the responsibilities of a job on top of their family obligations. Welcoming a new child into one's family, or caring for an elderly family member are major events that demand a great amount of time and devotion. Despite this, it is impossible for many to take an absence from work to dedicate the necessary attention to provide their family with the proper care.

Although the Federal Family and Medical Leave Act guarantees 12 weeks of unpaid leave to many workers in order to bond with a new child, most people cannot afford to take an absence without Pay. New York State offers further assistance through its Temporary Disability Insurance (TDI) program. This places an obligation on most employers in the state to provide disability benefits for illnesses or injuries occurring off the job leading one to be unable to perform their regular duties. Women can receive benefits for any disability related to a pregnancy. Unfortunately, this program is flawed because it

excludes a host of parents and care for a seriously ill relative. Additionally, the maximum weekly benefit is a mere $170.

Without a requirement, the decision to offer paid family leave falls to the employer. Unfortunately, only 12% of all workers receive family leave benefits in the United States according to the US Department of Labor. This is simply unacceptable.

When individuals cannot take time off they are often left exhausted, and the individuals requiring their assistance receive lesser care. For those taking unpaid leave, the financial consequences can be too much to bear. It is clear that paid family leave is a long unfulfilled need in New York State. Every New Yorker should have the ability to affordably raise and care for their family. That is why this legislation calls for the establishment of a paid family leave benefit in New York State.

This legislation would allow leave to bond with a new child during the twelve months following their birth, adoption or foster care placement; or to care for a family member who is suffering from a serious illness or disability. Workers would be able to claim a benefit equal to half their weekly wage up to a maximum benefit of 35% of the Statewide Average Weekly Wage in 2015. This capped amount would rise to 40% in 2016, and 50% in 2017 where it would remain. This benefit may be claimed for up to six weeks a year. This benefit will cover all parents, regardless of sex.

During the program's first year, benefits would be fully provided by New York State at no cost to the employee. After year one, the State will continue to subsidize the cost of a paid family leave benefits with minimal employee contributions.

Legislative history

New Bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.