Sec. 363.2. Applicability  


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  • (a) Pursuant to Workers’ Compensation Law section 211, a covered employer shall provide family leave benefits to its employees in one or more of the following ways:
    (1) by insuring and keeping insured the payment of such benefits with an issuer; or
    (2) by self-funding, in which case, a covered employer shall furnish satisfactory proof to the chair of the Workers’ Compensation Board of the employer’s financial ability to pay such benefits.
    (b) This Part shall apply to family leave benefits and shall also apply to any policy.
    (c) The requirements of this Part shall apply to an issuer provided, however, that the superintendent shall have the discretion to exempt the State Insurance Fund of this State from the requirements of section 363.5 of this Part if the superintendent finds that such exemption facilitates a fair and efficient market for family leave benefits coverage.