Assembly Bill A8950

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8950
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 16, 2025
                                ___________
 
 Introduced by M. of A. JENSEN -- 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 to members of the New York national guard
 
   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, ANY PERSON ENLISTED, APPOINTED, OR COMMIS-
 SIONED  TO BE A PART OF THE NEW YORK ARMY NATIONAL GUARD OR THE NEW YORK
 AIR NATIONAL GUARD FOR TWENTY-SIX OR MORE  CONSECUTIVE  WEEKS  SHALL  BE
 ELIGIBLE  FOR  FAMILY LEAVE BENEFITS. 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13383-01-5
              

 A. 8950                             2
 
 ee  performs  any work for remuneration or profit in non-covered employ-
 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,  ANY PERSON ENLISTED, APPOINTED, OR COMMIS-
 SIONED TO BE A PART OF THE NEW YORK ARMY NATIONAL GUARD OR THE NEW  YORK
 AIR  NATIONAL  GUARD AND WHO BECAME ELIGIBLE FOR PAID FAMILY LEAVE BENE-
 FITS BY BEING ENLISTED, APPOINTED, OR COMMISSIONED FOR AT LEAST  TWENTY-
 SIX  OF THE PRIOR THIRTY-NINE WEEKS, AND WHO RETURNS TO SUCH ENLISTMENT,
 APPOINTMENT, OR COMMISSION AFTER AN AGREED AND SPECIFIED UNPAID LEAVE OF
 ABSENCE OR VACATION WITHOUT PAY WITH THE NEW YORK ARMY NATIONAL GUARD OR
 THE NEW YORK AIR NATIONAL GUARD SHALL BECOME ELIGIBLE FOR  FAMILY  LEAVE
 BENEFITS  IMMEDIATELY  WITH  RESPECT TO SUCH ENLISTMENT, APPOINTMENT, OR
 COMMISSION. An employee who during a period in which [he  or  she]  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 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 employ-
 er shall become eligible for benefits on the one  hundred  seventy-fifth
 day of such regular employment. An employee who is eligible for disabil-
 ity  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 [he or she] SUCH EMPLOYEE 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.