Assembly Bill A10811

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10811
 
                           I N  A S S E M B L Y
 
                               April 1, 2026
                                ___________
 
 Introduced by M. of A. LASHER -- read once and referred to the Committee
   on Labor
 
 AN  ACT  to  amend  the workers' compensation law, in relation to family
   leave for persons who perform artistic and culture work
 
   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
 chapter 72 of the laws of 2026, is amended to read as follows:
   §  203. Employees eligible for benefits under section two hundred four
 of this article. (A) 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  employ-
 ment  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,  [construction]  employees WHO PERFORM
 ACTIVITIES LISTED IN SUBDIVISION (B) OF THIS SECTION shall  be  eligible
 for  family leave benefits with the covered employer immediately preced-
 ing the period of family leave if the employee  was  in  employment  and
 worked  the  employer's  normal work week for at least twenty-six of the
 last thirty-nine weeks with 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 employer. 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 employ-
 ee performs any work for remuneration or profit in  non-covered  employ-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15163-01-6
 A. 10811                            2
 
 ment. 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 fami-
 ly 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, [construction] employees who PERFORM ACTIV-
 ITIES LISTED IN SUBDIVISION (B) OF THIS SECTION AND WHO became  eligible
 for paid family leave benefits by working in the employment of a covered
 employer  and  worked the employer's normal work week for at least twen-
 ty-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 be immediately  eligible  for
 family  leave  benefits  with the covered employer immediately preceding
 the period of family leave. In the case of [construction] employees  who
 PERFORM ACTIVITIES LISTED IN SUBDIVISION (B) OF THIS SECTION AND WHO are
 laid-off  and  receive  unemployment  benefits,  such employees shall be
 eligible for family leave benefits with the covered employer immediately
 preceding the period of family leave upon returning to work if they  are
 otherwise  qualified  by  having  worked  in the employment of a covered
 employer and worked the employer's normal work week for at  least  twen-
 ty-six  of  the last thirty-nine weeks.  An employee who during a period
 in which such employee 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 unem-
 ployment  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 employment. An employee who is eligible for
 disability and family leave benefits 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 such employee  is  eligible
 to  receive benefits under section two hundred four of this article with
 respect to such employment.
   (B) FOR THE PURPOSES OF SUBDIVISION (A) OF  THIS  SECTION,  ACTIVITIES
 INCLUDE:
   (I)  CONSTRUCTION,  DEMOLITION,  RECONSTRUCTION, EXCAVATION, REHABILI-
 TATION, REPAIRS, RENOVATIONS, ALTERATIONS, OR IMPROVEMENTS; AND
   (II) ARTISTIC AND CULTURE WORK, INCLUDING, BUT NOT LIMITED TO,  ARTIS-
 TIC  AND  PERFORMING PERSONNEL, CREATIVE AND DESIGN PERSONNEL, TECHNICAL
 AND PRODUCTION PERSONNEL, AND FRONT-OF-HOUSE SUPPORT  PERSONNEL  ENGAGED
 IN  THE  PRODUCTION OR OPERATION OF LIVE THEATRICAL OR ARTISTIC PERFORM-
 ANCES.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner as section 4 of chapter 72 of the laws of 2026, takes effect.