S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10680

                          I N  A S S E M B L Y

                              June 12, 2016
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Harris) --
  read once and referred to the Committee on Labor

AN ACT to amend the workers' compensation law, in relation to  extending
  paid family leave benefits

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 203 of the workers' compensation law, as amended by
section 3 of part SS of chapter 54 of the laws of 2016,  is  amended  to
read as follows:
  S  203. Employees eligible for benefits under section two hundred four
of this article. Employees in employment of a covered employer for  four
or  more  consecutive  weeks and employees in employment during the work
period usual to and available during such four or more consecutive weeks
in any trade or business in which they are  regularly  employed  and  in
which  hiring  from day to day of such employees is the usual employment
practice shall be  eligible  for  disability  benefits  as  provided  in
section  two hundred four of this article.  Employees in employment of a
covered employer for twenty-six or more consecutive weeks and  employees
in  employment during the work period usual to and available during such
twenty-six or more consecutive weeks in any trade or business  in  which
they  are regularly employed and in which hiring from day to day of such
employees is the usual employment practice shall be eligible for  family
leave  benefits as provided in section two hundred four of this article.
FOR PURPOSES OF THIS ARTICLE, EMPLOYEES WHO PERFORM CONSTRUCTION,  DEMO-
LITION,   RECONSTRUCTION,  EXCAVATION,  REHABILITATION,  REPAIRS,  RENO-
VATIONS, ALTERATIONS, OR IMPROVEMENTS FOR MULTIPLE EMPLOYERS PURSUANT TO
A COLLECTIVE BARGAINING AGREEMENT SHALL BE  ELIGIBLE  FOR  FAMILY  LEAVE
BENEFITS IF THEY WERE EMPLOYED FOR AT LEAST TWENTY-SIX OF THE LAST THIR-
TY-NINE WEEKS BY ANY COVERED EMPLOYER WHICH IS SIGNATORY TO A COLLECTIVE
BARGAINING  AGREEMENT. Every such employee shall continue to be eligible
for family leave benefits only during employment with a covered  employ-
er.  Every  such  employee  shall continue to be eligible for disability
benefits during such employment and for a period  of  four  weeks  after
such  employment  terminates regardless of whether the employee performs

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15745-01-6

A. 10680                            2

any work for remuneration or profit in non-covered employment. If during
such four week period the employee performs any work for remuneration or
profit for another covered employer the employee shall  become  eligible
for  disability benefits immediately with respect to that employment. In
addition every such employee who has previously completed four  or  more
consecutive  weeks  in employment with the covered employer for purposes
of disability benefits, or  twenty-six  or  more  consecutive  weeks  in
employment  with the covered employer for purposes of paid family leave,
and returns to work with the same employer after an agreed and specified
unpaid leave of absence or vacation without pay  shall  become  eligible
for  benefits immediately with respect to such employment.  FOR PURPOSES
OF THIS ARTICLE, EMPLOYEES WHO PERFORM CONSTRUCTION, DEMOLITION,  RECON-
STRUCTION,  EXCAVATION,  REHABILITATION,  REPAIRS,  RENOVATIONS,  ALTER-
ATIONS, OR IMPROVEMENTS FOR MULTIPLE EMPLOYERS PURSUANT TO A  COLLECTIVE
BARGAINING AGREEMENT AND WHO BECAME ELIGIBLE FOR PAID FAMILY LEAVE BENE-
FITS  BY  WORKING AT LEAST TWENTY-SIX OF THE LAST THIRTY-NINE WEEKS, AND
WHO RETURN TO WORK AFTER AN AGREED AND SPECIFIED UNPAID LEAVE OF ABSENCE
OR VACATION WITHOUT PAY WITH THE SAME OR DIFFERENT EMPLOYER SHALL BECOME
ELIGIBLE FOR FAMILY LEAVE BENEFITS  IMMEDIATELY  WITH  RESPECT  TO  SUCH
EMPLOYMENT.  IN  THE CASE OF EMPLOYEES WHO PERFORM CONSTRUCTION, DEMOLI-
TION, RECONSTRUCTION, EXCAVATION, REHABILITATION, REPAIRS,  RENOVATIONS,
ALTERATIONS,  OR  IMPROVEMENTS  FOR  MULTIPLE  EMPLOYERS  PURSUANT  TO A
COLLECTIVE BARGAINING AGREEMENT WHO ARE LAID-OFF AND  RECEIVE  UNEMPLOY-
MENT  BENEFITS,  SUCH EMPLOYEES SHALL BE ELIGIBLE FOR FAMILY LEAVE BENE-
FITS UPON RETURNING TO WORK IF THEY ARE OTHERWISE  QUALIFIED  BY  HAVING
WORKED  AT  LEAST  TWENTY-SIX OF THE LAST THIRTY-NINE WEEKS. An employee
who during a period in which he or she is eligible to  receive  benefits
under  subdivision  two  of  section  two  hundred seven of this article
returns to employment with a covered employer and  an  employee  who  is
currently  receiving  unemployment  insurance benefits or benefits under
section two hundred seven of this article and who returns to  employment
with  a  covered  employer shall become eligible for disability benefits
immediately with respect to such employment.  An employee  regularly  in
the  employment  of  a  single employer on a work schedule less than the
employer's normal work week shall become eligible for  disability  leave
benefits  on  the  twenty-fifth  day  of such regular employment and for
purposes of paid family leave an  employer  shall  become  eligible  for
benefits  on  the  one hundred seventy-fifth day of such regular employ-
ment. An employee who is eligible for disability and family leave  bene-
fits  in  the  employment of a covered employer shall not be deemed, for
the purposes of this article, to have such employment terminated  during
any  period  he or she is eligible to receive benefits under section two
hundred four of this article with respect to such employment.
  S 2. This act shall take effect immediately.