BILL NUMBER: S1921
SPONSOR: ASHBY
 
TITLE OF BILL:
An act to amend the workers' compensation law, in relation to paid fami-
ly leave and bereavement for fetal death, still birth, and an infant
being medically not viable to survive
 
PURPOSE:
To provide bereavement benefits to parents whose child dies from fetal
death, still birth, or an infant that is determined to be medically not
viable to survive.
 
SUMMARY OF PROVISIONS:
Sections 1 defines "family leave" to be leave taken for bereavement due
to fetal death, still birth, or births that are not "medically viable".
Section 2 thru 5 details procedures to claim bereavement benefits,
including presenting the following documentation to the employer within
30 days: fetal death certificate; certificate of still birth; or death
certificate.
Section 6 provides that the bill shall take effect immediately and apply
to all policies or contracts issued, renewed, modified, altered or
amended on or after January 1, 2021.
 
JUSTIFICATION:
The loss of an infant in utero or stillbirth is devastating and unex-
pected. Parents should be entitled to use bereavement benefits for both
physical and emotional healing. New York State currently recognizes
these losses and issues fetal death certificates and still birth certif-
icates through the Dept of Health. Thus, the mechanisms to allow
bereavement benefits are there. If NYS cares about the emotional well-
being of employees, these benefits must be provided. Furthermore,
countless studies have shown that employees who take care of their
emotional well-being are more productive and dedicated workers.
 
LEGISLATIVE HISTORY:
2023-24: S.4259- referred to Labor
2021-22: A.4560- referred to Labor
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately and apply to all policies or
contracts issued, renewed, modified, altered or amended on or after
January 1, 2025.