NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6891
SPONSOR: Romeo TITLE OF BILL: An act to amend the workers' compensation law, in
relation to paid family leave and bereavement
PURPOSE:
An act to amend the workers' compensation law, in relation to paid fami-
ly leave and bereavement.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1:
Amended Part A to state (a) to participate in providing care, including
physical or psychological care, for a family member of the employee made
necessary by a serious health condition of the family member including
bereavement upon the death of such family member.
Adds a new Part D that states "Family leave" shall mean any leave taken
by an employee from work: (d) leave taken for the purposes of bereave-
ment due to the death of a family member.
Section 4:
Amended to include that in the case of family leave due to bereavement
notice shall be provided as soon as practicable.
Section 5: Amended to include that in the event that the claimant is
eligible for family leave due to bereavement, a death certificate shall
serve as proof of need of leave.
Section 6:
Amended to state that in the event that the family member or the family
leave care recipient is unable to be examined due to death, this section
shall not apply.
JUSTIFICATION:
This legislation looks to include time off for bereavement as a part of
Paid Family Leave (PFL). This legislation looks to allow the use of PFL
where (1) if a family member, as defined by current law, passes away
suddenly then PFL may be taken for bereavement or (2) if PFL is used to
take care of a family member and that family member passes away, any
remaining PFL may be used as bereavement time.
Facing the death of a child may be the hardest thing a parent ever has
to do. People who have lost a child have stronger grief reactions and a
longer and slower bereavement and recovery should be expected when some-
one loses a child. For those suffering the loss of a spouse or domestic
partner, studies have shown that mortality increases anywhere from 40 to
90% in the three months following the death of a spouse and lingers at
15% during the months after.
The inability to take time to process grief not only has an impact on a
person's health and their family, it has a profound impact on their
ability to carry out their normal day to day tasks. However, on average,
four days are allotted for the death of a spouse or child, according to
the Society for Human Resource Management 2016 Paid Leave in the Work-
place Survey.
The American Cancer Society notes that if normal mourning does not occur
it is called "complicated grief" or "unresolved grief." Unresolved grief
can cause severe psychological stress. Grief-related losses cost U.S.
companies as much as $75 billion annually. Allowing individuals the
necessary time to grieve has long-term benefits in the form of greater
employee loyalty, better outcomes, better quality of life for that
person, and an overall healthier workforce that has been given the
necessary time to mourn their loss.
LEGISLATIVE HISTORY:
A.10639-A of 2017/20182 Vetoed
FISCAL IMPLICATIONS:
TBD
EFFECTIVE DATE:
This act shall Lake effect immediately and shall apply to all policies
or contracts issued, renewed, modified, altered or amended on or after
January 1, 2021.
STATE OF NEW YORK
________________________________________________________________________
6891
2019-2020 Regular Sessions
IN ASSEMBLY
March 25, 2019
___________
Introduced by M. of A. ROMEO -- read once and referred to the Committee
on Labor
AN ACT to amend the workers' compensation law, in relation to paid fami-
ly leave and bereavement
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 15 of section 201 of the workers' compensation
2 law, as added by section 2 of part SS of chapter 54 of the laws of 2016,
3 is amended to read as follows:
4 15. "Family leave" shall mean any leave taken by an employee from
5 work: (a) to participate in providing care, including physical or
6 psychological care, for a family member of the employee made necessary
7 by a serious health condition of the family member including bereavement
8 upon the death of such family member; or (b) to bond with the employee's
9 child during the first twelve months after the child's birth, or the
10 first twelve months after the placement of the child for adoption or
11 foster care with the employee; or (c) because of any qualifying exigency
12 as interpreted under the family and medical leave act, 29 U.S.C.S §
13 2612(a)(1)(e) and 29 C.F.R. S.825.126(a)(1)-(8), arising out of the fact
14 that the spouse, domestic partner, child, or parent of the employee is
15 on active duty (or has been notified of an impending call or order to
16 active duty) in the armed forces of the United States; or (d) leave
17 taken for the purposes of bereavement due to the death of a family
18 member.
19 § 2. Paragraph (b) of subdivision 2 of section 205 of the workers'
20 compensation law, as added by section 6 of part SS of chapter 54 of the
21 laws of 2016, is amended to read as follows:
22 (b) For any period of family leave wherein the notice and medical
23 certification, or death certificate, as prescribed by the chair has not
24 been filed. At the discretion of the chair or chair's designee pursuant
25 to section two hundred twenty-one of this article, the family member who
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08404-01-9
A. 6891 2
1 is the recipient of care may be required to submit to a physical exam-
2 ination by a qualified health care provider unless such family member is
3 unable to be examined due to death. Such examination shall be paid for
4 by the carrier; and
5 § 3. Subdivision 5 of section 205 of the workers' compensation law, as
6 added by section 6 of part SS of chapter 54 of the laws of 2016, is
7 amended to read as follows:
8 5. In any case in which the necessity for family leave is foreseeable
9 based on an expected birth or placement, the employee shall provide the
10 employer with not less than thirty days notice before the date the leave
11 is to begin, of the employee's intention to take family leave under this
12 article, except that if the date of the birth or placement requires
13 leave to begin in less than thirty days, the employee shall provide such
14 notice as is practicable. In any case in which the necessity for family
15 leave is foreseeable based on planned medical treatment, the employee
16 shall provide the employer with not less than thirty days notice, before
17 the date the leave is to begin, of the employees intention to take fami-
18 ly leave under this article, except that if the date of the treatment
19 requires leave to begin in less than thirty days, the employee shall
20 provide such notice as is practicable. In the case of family leave due
21 to bereavement notice shall be provided as soon as practicable.
22 § 4. Subdivision 1 of section 217 of the workers' compensation law, as
23 amended by section 16 of part SS of chapter 54 of the laws of 2016, is
24 amended to read as follows:
25 1. Written notice and proof of disability or proof of need for family
26 leave shall be furnished to the employer by or on behalf of the employee
27 claiming benefits or, in the case of a claimant under section two
28 hundred seven of this article, to the chair, within thirty days after
29 commencement of the period of disability. Additional proof shall be
30 furnished thereafter from time to time as the employer or carrier or
31 chair may require but not more often than once each week. Such proof
32 shall include a statement of disability by the employee's attending
33 physician or attending podiatrist or attending chiropractor or attending
34 dentist or attending psychologist or attending certified nurse midwife
35 or family leave care recipient's health care provider, or in the case of
36 an employee who adheres to the faith or teachings of any church or
37 denomination, and who in accordance with its creed, tenets or principles
38 depends for healing upon prayer through spiritual means alone in the
39 practice of religion, by an accredited practitioner, containing facts
40 and opinions as to such disability in compliance with regulations of the
41 chair. In the event that the claimant is eligible for family leave due
42 to bereavement, a death certificate shall serve as proof of need of
43 leave. Failure to furnish notice or proof within the time and in the
44 manner above provided shall not invalidate the claim but no benefits
45 shall be required to be paid for any period more than two weeks prior to
46 the date on which the required proof is furnished unless it shall be
47 shown to the satisfaction of the chair not to have been reasonably
48 possible to furnish such notice or proof and that such notice or proof
49 was furnished as soon as possible; provided, however, that no benefits
50 shall be paid unless the required proof of disability is furnished with-
51 in the period of actual disability or family leave that does not exceed
52 the statutory maximum period permitted under section two hundred four of
53 this article. No limitation of time provided in this section shall run
54 as against any disabled employee who is mentally incompetent, or phys-
55 ically incapable of providing such notice as a result of a serious
A. 6891 3
1 medical condition, or a minor so long as such person has no guardian of
2 the person and/or property.
3 § 5. Subdivisions 3 and 4 of section 217 of the workers' compensation
4 law, as amended by section 16 of part SS of chapter 54 of the laws of
5 2016, are amended to read as follows:
6 3. The chair or chair's designee, pursuant to section two hundred
7 twenty-one of this article, may direct the claimant or family leave care
8 recipient to submit to examination by a health care provider designated
9 by him or her in any case in which the claim to disability or family
10 leave benefits is contested and in claims arising under section two
11 hundred seven of this article, and in other cases as the chair or board
12 may require. In the event that the family member or the family leave
13 care recipient is unable to be examined due to death, this section shall
14 not apply.
15 4. Refusal of the claimant or family leave care recipient without good
16 cause to submit to any such examination shall disqualify the claimant or
17 employee from all benefits hereunder for the period of such refusal,
18 except as to benefits already paid. In the event that the family member
19 or family leave care recipient is unable to be examined due to death,
20 this section shall not apply.
21 § 6. This act shall take effect immediately and shall apply to all
22 policies or contracts issued, renewed, modified, altered or amended on
23 or after January 1, 2021.
