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This entry was published on 2016-04-08
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SECTION 203
Employees eligible for benefits under section two hundred four of this article
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 9
§ 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.