2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 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.