New York A 2489: Relates to paid family leave and bereavement for fetal death, still birth, and an infant being medically not viable to survive

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A02489 Summary:

BILL NOA02489 

&nbsp

SAME ASSAME AS S01921

&nbsp

SPONSORBendett

&nbsp

COSPNSRBrabenec, McDonough, Smullen, DeStefano, Brown K, Maher

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MLTSPNSR

&nbsp

Amd §§201, 205 & 217, Work Comp L

&nbsp

Relates to paid family leave and bereavement for fetal death, still birth, and an infant being medically not viable to survive.

Go to top A02489 Actions:

BILL NOA02489 

&nbsp

01/17/2025referred to labor

01/07/2026referred to labor

Go to topA02489 Committee&nbspVotes:

Go to topA02489 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA02489 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2489

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 17, 2025
 ___________

 Introduced by M. of A. BENDETT -- read once and referred to the Commit-
 tee on Labor

 AN ACT to amend the workers' compensation law, in relation to paid fami-
 ly leave and bereavement for fetal death, still birth, and an infant
 being medically not viable to survive

 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; or (b) to bond with
 8 the employee's child during the first twelve months after the child's
 9 birth, or the first twelve months after the placement of the child for
 10 adoption or foster care with the employee; or (c) because of any quali-
 11 fying exigency as interpreted under the family and medical leave act, 29
 12 U.S.C.S § 2612(a)(1)(e) and 29 C.F.R. S.825.126(a)(1)-(8), arising out
 13 of the fact that the spouse, domestic partner, child, or parent of the
 14 employee is on active duty (or has been notified of an impending call or
 15 order to active duty) in the armed forces of the United States; or (d)
 16 leave taken for the purposes of bereavement due to the fetal death or
 17 still birth of an infant born to the employee or the employee's spouse,
 18 or due to the employee's infant being declared medically not viable to
 19 survive birth by a physician licensed under article one hundred thirty-
 20 one of the education law.
 21 § 2. Paragraph (b) of subdivision 2 of section 205 of the workers'
 22 compensation law, as added by section 6 of part SS of chapter 54 of the
 23 laws of 2016, is amended to read as follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03611-01-5

 A. 2489 2

 1 (b) For any period of family leave wherein the notice and medical
 2 certification, fetal death certificate, certificate of still birth or
 3 death certificate, as prescribed by the chair has not been filed. At the
 4 discretion of the chair or chair's designee pursuant to section two
 5 hundred twenty-one of this article, the family member who is the recipi-
 6 ent of care may be required to submit to a physical examination by a
 7 qualified health care provider unless such family member is unable to be
 8 examined due to death, fetal death, or still birth. Such examination
 9 shall be paid for by the carrier; and
 10 § 3. Subdivision 5 of section 205 of the workers' compensation law, as
 11 added by section 6 of part SS of chapter 54 of the laws of 2016, is
 12 amended to read as follows:
 13 5. In any case in which the necessity for family leave is foreseeable
 14 based on an expected birth or placement, the employee shall provide the
 15 employer with not less than thirty days notice before the date the leave
 16 is to begin, of the employee's intention to take family leave under this
 17 article, except that if the date of the birth or placement requires
 18 leave to begin in less than thirty days, the employee shall provide such
 19 notice as is practicable. In any case in which the necessity for family
 20 leave is foreseeable based on planned medical treatment, the employee
 21 shall provide the empl