N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 380-10.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 380-10.1 - Public employers that opt in

(a) In the event that a public employer as defined in section 212-b of the Workers' Compensation Law elects to offer family leave benefits to public employees who are not represented by an employee organization as described in section 212-b of the Workers' Compensation Law, such entity shall:

(1) provide written notice to the chair and to all public employees who will be required to make contributions no less than 90 days prior to collecting the first employee contribution. The notice does not need to include the amount of the employee contribution, as long as it states that the amount will not exceed the maximum permitted by section 209 of the Workers' Compensation Law;

(2) follow all applicable statutory and regulatory requirements for the provision of family leave benefits in accordance with sections 211 and 212-a of the Workers' Compensation Law, including self-insurance requirements in the event the entity intends to self-insure;

(3) submit the public employer's paid family leave plan to the board; and

(4) provide 12 months written notice to the chair and all public employees who have been making contributions in accordance with section 209 of the Workers' Compensation Law of any decision by the entity to discontinue the provision of voluntary coverage;

(i) failure to provide proper written notice in accordance with this subdivision shall subject the public employer to fines, assessments, and other penalties as prescribed by law, including but not limited to, section 220 of the Workers' Compensation Law.

(b) In the event that a public employer and employee organization as defined in section 212-b of the Workers' Compensation Law agree, pursuant to collective bargaining, to offer family leave benefits to public employees who are members of an employee organization as defined in section 212-b of the Workers' Compensation Law, the public employer, or if agreed to, the employee organization, shall:

(1) provide written notice to the chair that such agreement has been reached, and shall include a list of employees and effective dates or other coverage information required by the chair;

(2) submit the paid family leave plan to the board;

(3) follow all applicable statutory and regulatory requirements for the provision of family leave benefits in accordance with sections 211 and 212-a of the Workers' Compensation Law, including self-insurance requirements in the event the entity intends to self-insure; and

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 380-10.1

Adopted New York State Register July 19, 2017/Volume XXXIX, Issue 29, eff. 7/19/2017