] is old law to be omitted. LBD02619-04-4A. 8991--A 2 1 bility commencing on or after July first, nineteen hundred eighty-four 2 shall be one-half of the employee's weekly wage, but in no case shall 3 such benefit exceed one hundred forty-five dollars; except that if the 4 employee's average weekly wage is less than twenty dollars, the benefit 5 shall be such average weekly wage. The weekly benefit which the disabled 6 employee is entitled to receive for disability commencing on or after 7 July first, nineteen hundred eighty-three and prior to July first, nine- 8 teen hundred eighty-four shall be one-half of the employee's average 9 weekly wage, but in no case shall such benefit exceed one hundred thir- 10 ty-five dollars nor be less than twenty dollars; except that if the 11 employee's average weekly wage is less than twenty dollars the benefit 12 shall be such average weekly wage. The weekly benefit which the disabled 13 employee is entitled to receive for disability commencing on or after 14 July first, nineteen hundred seventy-four, and prior to July first, 15 nineteen hundred eighty-three, shall be one-half of the employee's aver- 16 age weekly wage, but in no case shall such benefit exceed ninety-five 17 dollars nor be less than twenty dollars; except that if the employee's 18 average weekly wage is less than twenty dollars, the benefit shall be 19 such average weekly wage. The weekly benefit which the disabled employee 20 is entitled to receive for disability commencing on or after July first, 21 nineteen hundred seventy and prior to July first, nineteen hundred 22 seventy-four shall be one-half of the employee's average weekly wage, 23 but in no case shall such benefit exceed seventy-five dollars nor be 24 less than twenty dollars; except that if the employee's average weekly 25 wage is less than twenty dollars the benefit shall be such average week- 26 ly wage. For any period of disability less than a full week, the bene- 27 fits payable shall be calculated by dividing the weekly benefit by the 28 number of the employee's normal work days per week and multiplying the 29 quotient by the number of normal work days in such period of disability. 30 The weekly benefit for a disabled employee who is concurrently eligible 31 for benefits in the employment of more than one covered employer shall, 32 within the maximum and minimum herein provided, be one-half of the total 33 of the employee's average weekly wages received from all such covered 34 employers, and shall be allocated in the proportion of their respective 35 average weekly wage payments. 36 § 3. Paragraph (a) of subdivision 3 of section 209 of the workers' 37 compensation law, as amended by section 10 of part SS of chapter 54 of 38 the laws of 2016, is amended to read as follows: 39 (a) Disability benefits. The contribution of each such employee to the 40 cost of disability benefits provided by this article shall be one-half 41 of one per centum of the employee's wages paid to him or her on and 42 after July first, nineteen hundred fifty and prior to January first, two 43 thousand twenty-six, but not in excess of sixty cents per week. The 44 contribution of each such employee to the cost of employee disability 45 benefits provided by this article shall be one-half of one per centum of 46 the employee's wages paid to him or her on and after January first, two 47 thousand twenty-six, but not in excess of two dollars and twenty cents 48 per week. 49 § 4. Section 203-a of the workers' compensation law, as added by 50 section 4 of part SS of chapter 54 of the laws of 2016, is amended to 51 read as follows: 52 § 203-a. [Retaliatory] Interference and retaliatory action prohibited 53 for disability and family leave. 1. The provisions of section one 54 hundred twenty of this chapter and section two hundred forty-one of this 55 article shall be applicable to disability and family leave.A. 8991--A 3 1 2. It shall be unlawful for any employer to interfere with, restrain, 2 or deny the exercise of, or the attempt to exercise, any right provided 3 under this article, including: (a) failing to comply with the require- 4 ments of section two hundred twenty-nine of this article, such as by 5 failing to provide an employee with the notice of rights required by 6 such section; (b) failing to provide an employee with complete and accu- 7 rate information related to the submission of a claim for disability or 8 family leave benefits, such as by failing to inform the employee that it 9 is the employee's responsibility to submit the completed application 10 materials to the employer's insurance carrier or by failing or refusing 11 to provide the employee with the name of the employer's insurance carri- 12 er and/or the employer's policy number with said insurance carrier; (c) 13 failing to accurately complete and return to the employee the disability 14 or family leave application paperwork within the time period specified 15 by the chair; (d) providing the employer's insurance carrier with inac- 16 curate information about an employee's employment as it relates to the 17 employee's eligibility for disability or family leave benefits; (e) 18 refusing to allow an employee who has requested disability or family 19 leave under this article to begin leave until the employer's insurance 20 carrier has approved the employee's claim for disability or family leave 21 benefits; (f) failing or refusing to carry disability or family leave 22 insurance as required by section two hundred eleven of this article; (g) 23 threatening termination, demotion, discipline, suspension, or reduction 24 of hours or wages, reporting or threatening to report an employee's 25 suspected citizenship or immigration status or the suspected citizenship 26 or immigration status of a family member of the employee to a federal, 27 state, or local agency, or threatening any other action against an 28 employee seeking to take disability or family leave that might reason- 29 ably deter an employee from exercising a right provided under this arti- 30 cle; or (h) threatening or taking any other action that may have the 31 effect of preventing or discouraging an employee from exercising a right 32 provided under this article. 33 3. Nothing in this section shall be deemed to diminish the rights, 34 privileges, or remedies of any employee under any collective bargaining 35 agreement or employment contract. 36 § 5. Section 203-b of the workers' compensation law, as added by 37 section 4 of part SS of chapter 54 of the laws of 2016, is amended to 38 read as follows: 39 § 203-b. Reinstatement following disability or family leave. Any 40 eligible employee of a covered employer who takes leave, including leave 41 for disability, under this article shall be entitled, on return from 42 such leave, to be restored by the employer to the position of employment 43 held by the employee when the leave commenced, or to be restored to a 44 comparable position with comparable employment benefits, pay and other 45 terms and conditions of employment. The taking of family leave or leave 46 due to a disability shall not result in the loss of any employment bene- 47 fit accrued prior to the date on which the leave commenced. Nothing in 48 this section shall be construed to entitle any restored employee to the 49 accrual of any seniority or employment benefits during any period of 50 leave, or any right, benefit or position to which the employee would 51 have been entitled had the employee not taken the leave. 52 § 6. Section 203-c of the workers' compensation law, as added by 53 section 4 of part SS of chapter 54 of the laws of 2016, is amended to 54 read as follows: 55 § 203-c. Health insurance during disability or family leave. In 56 accordance with the Family and Medical Leave Act (29 U.S.C. §§A. 8991--A 4 1 2601-2654), during any period of disability or family leave the employer 2 shall maintain any existing health benefits of the employee in force for 3 the duration of such leave as if the employee had continued to work from 4 the date he or she commenced disability or family leave until the date 5 he or she returns to employment. 6 § 7. This act shall take effect immediately.