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N.Y. Work. Comp. Law § 209

Contribution of employees for disability and family leave benefits

Redline — January 1, 2015 → current.View current text →
Current — January 1, 2017
As of January 1, 2015
§ 209. Contribution of employees for disability benefits. 1. Every\nemployee in the employment of a covered employer shall, on and after\nJanuary first, nineteen hundred fifty, contribute to the cost of\nproviding disability benefits under this article, to the extent and in\nthe manner herein provided.\n 2. The special contribution of each such employee to the accumulation\nof funds to provide benefits for disabled unemployed shall be as\nprovided in subdivision one of section two hundred fourteen.\n 3. The contribution of each such employee to the cost of disability\nbenefits provided by this article shall be one-half of one per centum of\nthe employee's wages paid to him on and after July first, nineteen\nhundred fifty, but not in excess of sixty cents per week.\n 4. Notwithstanding any other provision of law, the employer is\nauthorized to collect from his employees, except as otherwise provided\nin any plan or agreement under the provisions of subdivisions four or\nfive of section two hundred eleven, the contribution provided under\nsubdivisions two and three, through payroll deductions. If the employer\nshall not make deduction for any payroll period he may thereafter, but\nnot later than one month after payment of wages, collect such\ncontribution through payroll deduction.\n 5. In collecting employee contributions through payroll deductions,\nthe employer shall act as the agent of his employees and shall use the\ncontributions only to provide disability benefits as required by this\narticle. After June thirtieth, nineteen hundred fifty, if the employer\nis not providing, or to the extent that he is not then providing, for\nthe payment of disability benefits to his employees by insuring with the\nstate fund or with another insurance carrier, he shall keep the\ncontributions of his employees as trust funds separate and apart from\nall other funds of the employer. The payment of such contributions by\nthe employer to a carrier providing for the payment of such benefits\nshall discharge the employer from responsibility with respect to such\ncontributions.\n
§ 209. Contribution of employees for disability and family leave\nbenefits. 1. Every employee in the employment of a covered employer\nshall contribute to the cost of providing disability and after January\nfirst, two thousand eighteen, family leave benefits under this article,\nto the extent and in the manner herein provided.\n 2. The special contribution of each such employee to the accumulation\nof funds to provide benefits for disabled unemployed shall be as\nprovided in subdivision one of section two hundred fourteen of this\narticle.\n 3. (a) Disability benefits. The contribution of each such employee to\nthe cost of disability benefits provided by this article shall be\none-half of one per centum of the employee's wages paid to him or her on\nand after July first, nineteen hundred fifty, but not in excess of sixty\ncents per week.\n (b) Family leave benefits. On June first, two thousand seventeen and\nannually thereafter on September first, the superintendent of financial\nservices shall set the maximum employee contribution, using sound\nactuarial principles and the reports provided in section two hundred\neight of this article. No employer shall be required to fund any portion\nof the family leave benefit.\n 4. Notwithstanding any other provision of law, the employer is\nauthorized to collect from his or her employees, except as otherwise\nprovided in any plan or agreement under the provisions of subdivisions\nfour or five of section two hundred eleven of this article, the\ncontribution provided under subdivisions two and three of this section,\nthrough payroll deductions. If the employer shall not make deduction for\nany payroll period he or she may thereafter, but not later than one\nmonth after payment of wages, collect such contribution through payroll\ndeduction.\n 5. In collecting employee contributions through payroll deductions,\nthe employer shall act as the agent of his or her employees and shall\nuse the contributions only to provide disability and family leave\nbenefits as required by this article. In no event may the employee's\nannual contribution for family leave exceed his or her per capita share\nof the actual annual premium charged for the same year and must be\ndetermined consistent with the principle that employees should pay the\ntotal costs of family leave premium. In no event may the employee's\nweekly contribution for disability premium exceed one-half of one per\ncentum of the employee's wages paid to him or her, but not in excess of\nsixty cents per week. After June thirtieth, nineteen hundred fifty, if\nthe employer is not providing, or to the extent that he or she is not\nthen providing, for the payment of disability benefits to his or her\nemployees by insuring with the state fund or with another insurance\ncarrier, he or she shall keep the contributions of his or her employees\nas trust funds separate and apart from all other funds of the employer.\nThe payment of such contributions by the employer to a carrier providing\nfor the payment of such benefits shall discharge the employer from\nresponsibility with respect to such contributions.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.