N.Y. Workers' Compensation Law § 209: Contribution of employees for disability and family leave benefits

§ 209. Contribution of employees for disability and family leave

benefits. 1. Every employee in the employment of a covered employer

shall contribute to the cost of providing disability and after January

first, two thousand eighteen, family leave benefits under this article,

to the extent and in the manner herein provided.

2. The special contribution of each such employee to the accumulation

of funds to provide benefits for disabled unemployed shall be as

provided in subdivision one of section two hundred fourteen of this

article.

3. (a) Disability benefits. The contribution of each such employee to

the cost of disability benefits provided by this article shall be

one-half of one per centum of the employee's wages paid to him or her on

and after July first, nineteen hundred fifty, but not in excess of sixty

cents per week.

(b) Family leave benefits. On June first, two thousand seventeen and

annually thereafter on September first, the superintendent of financial

services shall set the maximum employee contribution, using sound

actuarial principles and the reports provided in section two hundred

eight of this article. No employer shall be required to fund any portion

of the family leave benefit.

4. Notwithstanding any other provision of law, the employer is

authorized to collect from his or her employees, except as otherwise

provided in any plan or agreement under the provisions of subdivisions

four or five of section two hundred eleven of this article, the

contribution provided under subdivisions two and three of this section,

through payroll deductions. If the employer shall not make deduction for

any payroll period he or she may thereafter, but not later than one

month after payment of wages, collect such contribution through payroll

deduction.

5. In collecting employee contributions through payroll deductions,

the employer shall act as the agent of his or her employees and shall

use the contributions only to provide disability and family leave

benefits as required by this article. In no event may the employee's

annual contribution for family leave exceed his or her per capita share

of the actual annual premium charged for the same year and must be

determined consistent with the principle that employees should pay the

total costs of family leave premium. In no event may the employee's

weekly contribution for disability premium exceed one-half of one per

centum of the employee's wages paid to him or her, but not in excess of

sixty cents per week. After June thirtieth, nineteen hundred fifty, if

the employer is not providing, or to the extent that he or she is not

then providing, for the payment of disability benefits to his or her

employees by insuring with the state fund or with another insurance

carrier, he or she shall keep the contributions of his or her employees

as trust funds separate and apart from all other funds of the employer.

The payment of such contributions by the employer to a carrier providing

for the payment of such benefits shall discharge the employer from

responsibility with respect to such contributions.