§ 209 — Contribution of employees for disability and family leave benefits

New York § 209

• Jurisdiction: New York
• Law WKC: Workers' Compensation
• Art. 9: Disability Benefits

Text

§ 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