200 – Short Title.

§ 200. Short title. This article shall be known and may be cited as the “disability benefits law and the paid family leave benefits law.”

201 – Definitions.

§ 201. Definitions. As used in this article: 1. “Board” means the workers’ compensation board created under this chapter. 2. “Chairman” means the chairman of the workers’ compensation board of the state of New York. 3. “State fund” means the state insurance fund created under article six of this chapter. 4. “Employer,” except when otherwise […]

202 – Covered Employer.

§ 202. Covered employer. 1. An employer who has in employment, after June thirtieth, nineteen hundred sixty-one, one or more employees on each of at least thirty days in any calendar year, shall be a covered employer subject to the provisions of this article from and after January first, nineteen hundred sixty-two, or the expiration […]

203 – Employees Eligible for Benefits Under Section Two Hundred Four of This Article.

§ 203. Employees eligible for benefits under section two hundred four of this article. Employees in employment of a covered employer for four or more consecutive weeks and employees in employment during the work period usual to and available during such four or more consecutive weeks in any trade or business in which they are […]

203-A – Retaliatory Action Prohibited for Family Leave.

§ 203-a. Retaliatory action prohibited for family leave. 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 leave. 2. Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any collective bargaining […]

203-B – Reinstatement Following Family Leave.

§ 203-b. Reinstatement following family leave. Any eligible employee of a covered employer who takes leave under this article 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 […]

203-C – Health Insurance During Family Leave.

§ 203-c Health insurance during family leave. In accordance with the Family and Medical Leave Act (29 U.S.C. §§ 2601-2654), during any period of family leave the employer shall maintain any existing health benefits of the employee in force for the duration of such leave as if the employee had continued to work from the […]

204 – Disability and Family Leave During Employment.

§ 204. Disability and family leave during employment. 1. Disability benefits shall be payable to an eligible employee for disabilities, beginning with the eighth 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 limitations in this section and […]

205 – Disabilities, Family Leave and Periods for Which Benefits Are Not Payable.

§ 205. Disabilities, family leave and periods for which benefits are not payable. 1. No employee shall be entitled to disability benefits under this article: (a) For more than twenty-six weeks minus any days taken for family leave during any fifty-two consecutive calendar weeks during a period of fifty-two consecutive calendar weeks or during any […]

206 – Non-Duplication of Benefits.

§ 206. Non-duplication of benefits. 1. No disability benefits shall be payable under section two hundred four or two hundred seven of this article: (a) in a weekly benefit amount which, together with any amount that the employee receives or is entitled to receive for the same period or any part thereof as a permanent […]

207 – Disability While Unemployed.

§ 207. Disability while unemployed. 1. Employees entitled to unemployment insurance benefits. An employee whose employment with a covered employer is terminated and who during a period of unemployment within twenty-six weeks immediately following such termination of employment shall become ineligible for benefits currently being claimed under the unemployment insurance law solely because of disability […]

208 – Payment of Disability and Family Leave Benefits.

§ 208. Payment of disability and family leave benefits. 1. Benefits provided under this article shall be paid periodically and promptly and, except as to a contested period of disability or family leave, without any decision by the board, or designee of the chair pursuant to section two hundred twenty-one of this article. The first […]

209 – Contribution of Employees for Disability and Family Leave Benefits.

§ 209. Contribution of employees for disability and family leave benefits. 1. Every employee in the employment of a covered employer shall contribute to the cost of providing disability and after January first, two thousand eighteen, family leave benefits under this article, to the extent and in the manner herein provided. 2. The special contribution […]

210 – Employer Contributions.

§ 210. Employer contributions. 1. Every covered employer shall, on and after January first, nineteen hundred fifty, contribute the cost of providing disability benefits in excess of the contributions collected from his or her employees, to the extent and in the manner provided in this article. 2. The special contribution of each covered employer to […]

211 – Provision for Payment of Benefits.

§ 211. Provision for payment of benefits. A covered employer shall, with his or her own contributions and the contributions of his employees, provide disability and after January first, two thousand eighteen, family leave benefits to his or her employees in one or more of the following ways: 1. by insuring and keeping insured the […]

212 – Voluntary Coverage.

§ 212. Voluntary coverage. 1. Any employer not required by this article to provide for the payment of disability or family leave 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 […]

212-A

§ 212-a. Notwithstanding the definition of “employer” and “employment” set forth in section two hundred one of this article and the requirement for insurance policies to offer both disability and family leave coverage set forth in two hundred twenty six of this article, the state, any political subdivision of the state, a public authority or […]

212-B – Public Employees; Public Employees Represented by an Employee Organization; Employee Opt In.

§ 212-b. Public employees; public employees represented by an employee organization; employee opt in. 1. For purposes of this section, “public employee” means any employee of the state, any political subdivision of the state, a public authority or any other governmental agency or instrumentality. “Public employer” means the state, any political subdivision of the state, […]

213 – Non-Compliance or Default.

§ 213. Non-compliance or default. 1. Whenever a covered employer does not comply with this article by providing for the payment of disability and family leave benefits to his or her employees in one or more of the ways provided in section two hundred eleven of this article or whenever a carrier fails to pay […]

214 – Special Fund for Disability Benefits.

§ 214. Special fund for disability benefits. There is hereby created a fund which shall be known as the special fund for disability benefits to provide for the payment of disability benefits under sections two hundred seven, two hundred thirteen and attendance fees under section two hundred thirty-two of this article. 1. As promptly as […]