Relates to paid family leave benefits

1 Co-sponsor

• Thomas F. O'Mara

Title of bill

An act to amend the workers' compensation law, in relation to extending paid family leave benefits

Purpose

This bill will allow workers who are employed by more than one employer, in the field of construction, excavation, rehabilitation, repairs, reconstruction, renovations, alterations, and improvements to become and remain eligible for paid family leave benefits, as long as they are employed for twenty six of the last thirty nine weeks with one or more covered employers.

Summary of provisions

Section 203 of the workers' compensation law, as amended by 2 section 3 of part SS of chapter 54 of the laws of 2016, is amended to allow workers who are employed by more than one employer, in the field of construction, excavation, rehabilitation, repairs, reconstruction, renovations, alterations, and improvements to become eligible for paid family leave benefits, as long as they are employed for the twenty six of the last thirty nine weeks with a covered employer. Once eligible, such workers shall remain eligible if (a) they return to work with the same or different covered employer after an agreed and specified unpaid leave of absence; or (b) they return to work with the same or different covered employer after a lay-off, provided they had worked at least 26 of the last 39 weeks.

Existing law

Employees must work for 26 consecutive weeks to be eligible for benefits under this section, and they must re-qualify if they return to work with a different employer after an agreed and specified unpaid leave of absence. They must also requalify if they are temporarily laid off.

Justification

This legislation is necessary in order for many construction workers to qualify for paid family leave benefits. In the construction industry, it's not uncommon for workers covered by a collective bargaining agreement to work for multiple employers for short periods of time, and to be laid off briefly between jobs. Under existing law, if a construction worker is fortunate enough to work for 26 consecutive weeks and qualify for benefits, he or she would lose that eligibility once laid off, even if the lay-off was for a short period of time. He or she would then have to start over by working another 26 consecutive weeks to qualify for benefits. Because of the nature of the industry, this cycle would repeat itself over and over, making it extremely difficult for such employees to ever utilize paid family leave benefits under the existing law. This legislation remedies this situation by recognizing the unique circumstances of the building trades industry and the realities and uncertainties faced by those working for multiple employers pursuant to collective bargaining agreements.