N.Y. Workers' Compensation Law § 212-b: Public employees; public employees represented by an employee organization; employee opt in

§ 212-b. Public employees; public employees represented by an employee

organization; employee opt in.

1. For purposes of this section, "public employee" means any employee

of the state, any political subdivision of the state, a public authority

or any other governmental agency or instrumentality. "Public employer"

means the state, any political subdivision of the state, a public

authority or any other governmental agency or instrumentality thereof.

"Employee organization" shall have the same meaning set forth in section

two hundred one of the civil service law.

2. Public employers shall provide benefits for family leave to public

employees in accordance with the procedures and terms set forth in

subdivision three of this section.

3. (a) An employee organization may, pursuant to collective

bargaining, opt in to paid family leave benefits on behalf of those

public employees it is either certified or recognized to represent,

within the meaning of article fourteen of the civil service law. Nothing

in this section shall prohibit an agreement to opt in to paid family

leave between the employee organization and any public employer. An

employee organization that has opted in to paid family leave benefits

may, pursuant to collective bargaining, opt out of it as is mutually

agreed upon between the employee organization and any public employer.

b. For public employees who are not represented by an employee

organization, the public employer may opt-in to paid family leave

benefits within ninety days notice to such public employees. Following

opt-in by a public employer for public employees not represented by an

employee organization, the public employer may opt-out of paid family

leave benefits with twelve months notice to those public employees.

4. In the absence of any contrary statement in a collectively

negotiated agreement under article fourteen of the civil service law, a

public employer may require public employees who opt in under this

section to provide the maximum employee contribution, as defined in

paragraph (b) of subdivision three of section two hundred nine of this

article.