Current through Register Vol. 46, No. 12, March 20, 2024
(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
(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.
