Legislation

* § 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. 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
employee performs 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. 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 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 he or she is
eligible to receive benefits under section two hundred four of this
article with respect to such employment.

* NB Effective until January 1, 2027

* § 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, construction
employees shall be eligible for family leave benefits with the covered
employer immediately preceding 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 employee performs 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, construction employees 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 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 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 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 twenty-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 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 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.

* NB Effective January 1, 2027