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.
For purposes of this article, employees who perform construction,
demolition, reconstruction, excavation, rehabilitation, repairs,
renovations, 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 thirty-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 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, employees who
perform construction, demolition, reconstruction, excavation,
rehabilitation, repairs, renovations, alterations, or improvements for
multiple employers pursuant to a collective bargaining agreement and who
became eligible for paid family leave benefits 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, demolition, reconstruction,
excavation, rehabilitation, repairs, renovations, alterations, or
improvements for multiple employers pursuant to a collective bargaining
agreement who are laid-off and receive unemployment benefits, such
employees shall be eligible for family leave benefits 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 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.