New York S 3235: Relates to the workers' compensation benefit of certain disabled employees

Bill Text

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S03235 Summary:

BILL NOS03235 

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SAME ASSAME AS A04906

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SPONSORCOONEY

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COSPNSRFERNANDEZ, GOUNARDES, SCARCELLA-SPANTON, WEBB

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MLTSPNSR

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Amd §§204, 209, 203-a, 203-b & 203-c, Work Comp L

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Provides that the weekly benefit which the disabled employee is entitled to receive for disability commencing: on or after January first, two thousand twenty-eight shall be fifty percent of the employee's average weekly wage but shall not exceed fifty percent of the state average weekly wage; on or after January first, two thousand twenty-nine shall be fifty-five percent of the employee's average weekly wage but shall not exceed fifty-five percent of the state average weekly wage; on or after January first, two thousand thirty shall be sixty percent of the employee's weekly average wage but shall not exceed sixty percent of the state average weekly wage; and on or after January first of each succeeding year, shall be sixty-seven percent of the employee's average weekly wage but shall not exceed sixty-seven percent of the state average weekly wage.

Go to top S03235 Actions:

BILL NOS03235 

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01/24/2025REFERRED TO LABOR

01/07/2026REFERRED TO LABOR

Go to topS03235 Committee&nbspVotes:

Go to topS03235 Floor&nbspVotes:

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

Go to topS03235 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3235

 2025-2026 Regular Sessions

 IN SENATE

 January 24, 2025
 ___________

 Introduced by Sens. COONEY, FERNANDEZ, GOUNARDES, SCARCELLA-SPANTON,
 WEBB -- read twice and ordered printed, and when printed to be commit-
 ted to the Committee on Labor

 AN ACT to amend the workers' compensation law, in relation to the weekly
 benefit of a disabled employee

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

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "equity in leave act".
 3 § 2. Paragraph (b) of subdivision 2 of section 204 of the workers'
 4 compensation law, as amended by section 5 of part SS of chapter 54 of
 5 the laws of 2016, is amended to read as follows:
 6 (b) The weekly benefit which the disabled employee is entitled to
 7 receive for disability commencing: (i) on or after January first, two
 8 thousand twenty-eight shall be fifty percent of the employee's average
 9 weekly wage but shall not exceed fifty percent of the state average
 10 weekly wage; (ii) on or after January first, two thousand twenty-nine
 11 shall be fifty-five percent of the employee's average weekly wage but
 12 shall not exceed fifty-five percent of the state average weekly wage;
 13 (iii) on or after January first, two thousand thirty shall be sixty
 14 percent of the employee's weekly average wage but shall not exceed sixty
 15 percent of the state average weekly wage; and (iv) on or after January
 16 first of each succeeding year, shall be sixty-seven percent of the
 17 employee's average weekly wage but shall not exceed sixty-seven percent
 18 of the state average weekly wage. The weekly benefit which the disabled
 19 employee is entitled to receive for disability commencing on or after
 20 May first, nineteen hundred eighty-nine and prior to January first, two
 21 thousand twenty-eight shall be one-half of the employee's weekly wage,
 22 but in no case shall such benefit exceed one hundred seventy dollars;
 23 except that if the employee's average weekly wage is less than twenty
 24 dollars, the benefit shall be such average weekly wage. The weekly bene-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02485-01-5

 S. 3235 2

 1 fit which the disabled employee is entitled to receive for disability
 2 commencing on or after July first, nineteen hundred eighty-four shall be
 3 one-half of the employee's weekly wage, but in no case shall such bene-
 4 fit exceed one hundred forty-five dollars; except that if the employee's
 5 average weekly wage is less than twenty dollars, the benefit shall be
 6 such average weekly wage. The weekly benefit which the disabled employee
 7 is entitled to receive for disability commencing on or after July first,
 8 nineteen hundred eighty-three and prior to July first, nine