A 8393: Provides for disability benefits for pregnancy loss.

  
  STATE OF NEW YORK ________________________________________________________________________ 8393 2025-2026 Regular Sessions  IN ASSEMBLY May 13, 2025 ___________ Introduced by M. of A. RAJKUMAR, CRUZ, BUTTENSCHON, JACOBSON, SHRESTHA, ROZIC, ALVAREZ, GALLAGHER, HEVESI, SLATER, BENDETT, MAHER, JENSEN, BEEPHAN, MANKTELOW, DeSTEFANO, SIMON, RAGA, BURDICK, RAMOS, CLARK, REYES, DURSO, McDONOUGH, NOVAKHOV, MORINELLO, FORREST, R. CARROLL, STECK, SIMONE, ZINERMAN, SEAWRIGHT, JONES, DE LOS SANTOS, DAVILA, MAMDANI, CUNNINGHAM, SAYEGH, SEPTIMO, KELLES, EACHUS, CHANG, TAGUE, TANNOUSIS, GANDOLFO, SHIMSKY, PIROZZOLO, RA, LEVENBERG, BARCLAY, TAPIA, McMAHON, BORES, VANEL, COLTON, ROSENTHAL, ANDERSON, TAYLOR, STERN, LUNSFORD, EICHENSTEIN, SIMPSON, GIGLIO, SMITH, BRABENEC, MILL- ER, GRAY, BLUMENCRANZ, LEMONDES, PALMESANO, KIM, CHANDLER-WATERMAN, WEPRIN, MITAYNES, JACKSON, WALSH, BICHOTTE HERMELYN, MEEKS, EPSTEIN, BRONSON, LEE, LUPARDO -- read once and referred to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to providing disability benefits for pregnancy loss The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph B of subdivision 9 of section 201 of the work- 2 ers' compensation law, as amended by chapter 352 of the laws of 1981, is 3 amended to read as follows: 4 B. "Disability" also includes disability caused by or in connection 5 with a pregnancy, including, but not limited to, pregnancy loss. 6 § 2. Paragraph (b) of subdivision 2 of section 204 of the workers' 7 compensation law, as amended by section 5 of part SS of chapter 54 of 8 the laws of 2016, is amended to read as follows: 9 (b) The weekly benefit which the disabled employee is entitled to 10 receive for disability commencing on or after May first, nineteen 11 hundred eighty-nine shall be one-half of the employee's weekly wage, but 12 in no case shall such benefit exceed one hundred seventy dollars; except 13 that if the employee's average weekly wage is less than twenty dollars, 14 the benefit shall be such average weekly wage; provided, however, the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04105-01-5 
 A. 8393 2 1 weekly benefit which the disabled employee is entitled to receive for 2 disability related to pregnancy loss shall be sixty-seven percent of the 3 employee's average weekly wage but shall not exceed sixty-seven percent 4 of the state average weekly wage in effect. The weekly benefit which the 5 disabled employee is entitled to receive for disability commencing on or 6 after July first, nineteen hundred eighty-four shall be one-half of the 7 employee's weekly wage, but in no case shall such benefit exceed one 8 hundred forty-five dollars; except that if the employee's average weekly 9 wage is less than twenty dollars, the benefit shall be such average 10 weekly wage. The weekly benefit which the disabled employee is entitled 11 to receive for disability commencing on or after July first, nineteen 12 hundred eighty-three and prior to July first, nineteen hundred eighty- 13 four shall be one-half of the employee's average weekly wage, but in no 14 case shall such benefit exceed one hundred thirty-five dollars nor be 15 less than twenty dollars; except that if the employee's average weekly 16 wage is less than twenty dollars the benefit shall be such average week- 17 ly wage. The weekly benefit which the disabled employee is entitled to 18 receive for disability commencing on or after July first, nineteen 19 hundred seventy-four, and prior to July first, nineteen hundred eighty- 20 three, shall be one-half of the employee's average weekly wage, but in 21 no case shall such benefit exceed ninety-five dollars nor be less than 22 twenty dollars; except that if the employee's average weekly wage is 23 less than twenty dollars, the benefit shall be such average weekly wage. 24 The weekly benefit which the disabled employee is entitled to receive 25 for disability commencing on or after July first, nineteen hundred 26 seventy and prior to July first, nineteen hundred seventy-four shall be 27 one-half of the employee's average weekly wage, but in no case shall 28 such benefit exceed seventy-five dollars nor be less than twenty 29 dollars; except that if the employee's average weekly wage is less than 30 twenty dollars the benefit shall be such average weekly wage. For any 31 period of disability less than a full week, the benefits payable shall 32 be calculated by dividing the weekly benefit by the number of the 33 employee's normal work days per week and multiplying the quotient by the 34 number of normal work days in such period of disability. The weekly 35 benefit for a disabled employee who is concurrently eligible for bene- 36 fits in the employment of more than one covered employer shall, within 37 the maximum and minimum herein provided, be one-half of the total of the 38 employee's average weekly wages received from all such covered employ- 39 ers, and shall be allocated in the proportion of their respective aver- 40 age weekly wage payments. 41 § 3. This act shall take effect on the first of January following the 42 first of September next succeeding the date on which it shall have 43 become a law and shall apply to all policies or contracts issued, 44 renewed, modified, altered or amended on or after such date.