N.Y. Comp. Codes R. & Regs. tit. 12 § 363.1

Current through Register Vol. 46, No. 42, October 16, 2024

Section 363.1 - Disability defined

Whenever used in this Article:

(a) Disability during employment means the inability of an employee, as a result of injury or sickness not arising out of and in the course of an employment, to perform the regular duties of his employment or the duties of any other employment which his employer may offer him at his regular wages and which his injury or sickness does not prevent him from performing.

(b) Regular wages as used herein means the wages, as defined in section 357.1 of this Title, that the employee would have earned if disability had not prevented him from working.

(c) Disability during unemployment means the inability of an employee, as a result of injury or sickness not arising out of and in the course of an employment, to perform the duties of any employment for which he is reasonably qualified by training and experience.

(d) Injury and sickness means accidental injury, disease, infection or illness or incapacitation as a result of being an organ donor in a transplant operation.

(e) Disability includes disability caused by or in connection with a pregnancy. An employee is presumed to have a disability caused by or in connection with a pregnancy for at least the four weeks prior to the child's estimated due date and for the six weeks after giving birth via vaginal delivery. An employee who delivers by Cesarean section has a disability caused by or in connection with a pregnancy for eight weeks after giving birth. Any further disability requires medical certification of a complication due to pregnancy or childbirth.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 363.1

Amended New York State Register May 10, 2023/Volume XLV, Issue 19, eff. 1/1/2024