S T A T E O F N E W Y O R K
________________________________________________________________________
10583
I N A S S E M B L Y
May 7, 2018
___________
Introduced by M. of A. PICHARDO -- read once and referred to the Commit-
tee 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:
§ 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.
LBD01641-01-7
A. 10583 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.
§ 2. This act shall take effect immediately.