New York A 1399: Increase the amount of family leave time that may be taken in a year

Bill Text

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A01399 Summary:

BILL NOA01399 

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SAME ASSAME AS S03524

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SPONSORForrest

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COSPNSR

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MLTSPNSR

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Amd §§204 & 205, Work Comp L

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Increases the amount of family leave time that may be taken in a year.

Go to top A01399 Actions:

BILL NOA01399 

&nbsp

01/09/2025referred to labor

01/07/2026referred to labor

Go to topA01399 Committee&nbspVotes:

Go to topA01399 Floor&nbspVotes:

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

Go to topA01399 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1399

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 9, 2025
 ___________

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

 AN ACT to amend the workers' compensation law, in relation to the maxi-
 mum amount of family leave time

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraph (a) of subdivision 2 of section 204 of the work-
 2 ers' compensation law, as added by section 5 of part SS of chapter 54 of
 3 the laws of 2016, is amended to read as follows:
 4 (a) The weekly benefit for family leave that occurs (i) on or after
 5 January first, two thousand eighteen shall not exceed eight weeks during
 6 any fifty-two week calendar period and shall be fifty percent of the
 7 employee's average weekly wage but shall not exceed fifty percent of the
 8 state average weekly wage, (ii) on or after January first, two thousand
 9 nineteen shall not exceed ten weeks during any fifty-two week calendar
 10 period and shall be fifty-five percent of the employee's average weekly
 11 wage but shall not exceed fifty-five percent of the state average weekly
 12 wage, (iii) on or after January first, two thousand twenty shall not
 13 exceed ten weeks during any fifty-two week calendar period and shall be
 14 sixty percent of the employee's average weekly wage but shall not exceed
 15 sixty percent of the state average weekly wage, and (iv) on or after
 16 January first of each succeeding year, shall not exceed [twelve] twen-
 17 ty-six weeks during any fifty-two week calendar period and shall be
 18 [sixty-seven] one hundred percent of the employee's average weekly wage
 19 but shall not exceed [sixty-seven] eighty percent of the New York state
 20 average weekly wage in effect. The superintendent of financial services
 21 shall have discretion to delay the increases in the family leave benefit
 22 level provided in subparagraphs (ii), (iii), and (iv) of this paragraph
 23 by one or more calendar years. In determining whether to delay the
 24 increase in the family leave benefit for any year, the superintendent of
 25 financial services shall consider: (1) the current cost to employees of

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03920-01-5

 A. 1399 2

 1 the family leave benefit and any expected change in the cost after the
 2 benefit increase; (2) the current number of insurers issuing insurance
 3 policies with a family leave benefit and any expected change in the
 4 number of insurers issuing such policies after the benefit increase; (3)
 5 the impact of the benefit increase on employers' business and the over-
 6 all stability of the program to the extent that information is readily
 7 available; (4) the impact of the benefit increase on the financial
 8 stability of the disability and family leave insurance market and carri-
 9 ers; and (5) any additional factors that the superintendent of financial
 10 services deems relevant. If the superintendent of financial services
 11 delays the increase in the family leave benefit level for one or more
 12 calendar years, the family leave benefit level that shall take effect
 13 immediately following the delay shall be the same benefit level that
 14 would have taken effect but for the delay. The weekly benefits for fami-
 15 ly leave that occurs on or after January first, two thousand eighteen
 16 shall not be less than one hundred dollars per week except that if the
 17 employee's wages at the time of family leave are less than one hundred
 18 dollars per week, the employee shall receive [his or her] their full
 19 wages. Benefits may be payable to employe