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

Section 3: Amends section 203 of the workers' compensation law to provide that an employee is only eligible to receive family care benefits if the employee has completed at least four consecutive weeks of employment with a covered employer.

Section 4: Amends the workers' compensation law by adding two new sections, 203-a and 203-b related to job protections for employees taking family care leave. 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 provide that employees shall receive family care benefits beginning January 1, 2017, and the benefits shall be as follows:

*January 1, 2017: 2/3 of employee's average weekly wage, up to 35% of the statewide average weekly wage *April 1, 2018: 70% of the employee's average weekly wage, up to 40% of the statewide average weekly wage *April 1, 2019: 75% of the employee's average weekly wage, up to 45% of the statewide average weekly wage *April 1, 2020 and thereafter: 80% of the employee's average weekly wage, up to 50% of statewide average weekly wage

Section 6: Amends section 205 of the workers' compensation law to limit the amount of family care leave an employee is entitled to take to twelve weeks within a continuous fifty-two week period. An employee also cannot take more than 26 weeks total of family care benefits and temporary disability benefits in a fifty-two week period.

Section 7: Amends section 209 of the workers' compensation law to state that family care benefits shall be entirely paid for by employee payroll deductions, beginning January 1, 2017. The Superintendent of the Department of Financial Services is required to set the maximum employee contribution. Employers will not contribute toward the cost of family care benefits.

Section 8: 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 9: Amends the workers' compensation law to add a new section 211-a to provide an employee option for public employees.

Section 10: 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 11: 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 12: 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 13: Amends paragraph 3 of subsection (a) of section 1113 of the insurance law to include family care leave under the definition of accident and health insurance.

Section 14: 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. This benefit may be claimed for up to

twelve weeks a year. This benefit will cover all parents, regardless of sex.

The program would be fully funded by employee payroll deductions.

Prior legislative history

2014: S.6741- Referred to Labor

2015: S.3301 - Referred to Labor

Fiscal implications

To be determined

Effective date

Immediately