N.Y. Workers' Compensation Law § 208: Payment of disability and family leave benefits

§ 208. Payment of disability and family leave benefits. 1. Benefits

provided under this article shall be paid periodically and promptly and,

except as to a contested period of disability or family leave, without

any decision by the board, or designee of the chair pursuant to section

two hundred twenty-one of this article. The first payment of benefits

shall be due on the fourteenth day of disability or family leave and

benefits for that period shall be paid directly to the employee within

four business days thereafter or within four business days after the

filing of required proof of claim, whichever is the later. If the

employer or carrier rejects an initial claim for family leave benefits,

the employer or carrier must notify the employee in a manner prescribed

by the chair within eighteen days of filing of the proof of claim.

Failure to timely reject shall constitute a waiver of objection to the

family leave claim. Thereafter benefits shall be due and payable

bi-weekly in like manner. The chair or chair's designee, pursuant to

section two hundred twenty-one of this article, may determine that

benefits may be paid monthly or semi-monthly if wages were so paid, and

may authorize deviation from the foregoing requirements to facilitate

prompt payment of benefits. Any inquiry which requires the employee's

response in order to continue benefits uninterrupted or unmodified shall

provide a reasonable time period in which to respond and include a clear

and prominent statement of the deadline for responding and consequences

of failing to respond.

2. The chair and superintendent of financial services may, whenever

such information is deemed necessary, require any carrier to file in

form prescribed by the chair a report or reports as to any claim or

claims, including (but without limitation) dates of commencement and

termination of benefit payments and amount of benefits paid under this

article. The chair and superintendent of financial services may also

require annually information in respect to the aggregate of benefits

paid, the number of claims allowed and disallowed, the average benefits

and duration of benefit periods, the amount of payrolls covered and such

other information as the chair may deem necessary for the purposes of

administering this article. If the carrier is providing benefits in

respect to more than one employer, the chair and superintendent of

financial services may require that such information be shown separately

as to those employers who are providing only benefits that are

substantially the same as the benefits required in this article. The

chair and superintendent of financial services may prescribe the format

of such report and may promulgate regulations to effectuate this

article.