What's happening
This bill expands paid family leave eligibility for construction workers under collective bargaining agreements who work for multiple employers.
Why it matters
Addresses the unique job patterns of construction workers. By allowing eligibility for paid family leave based on work with multiple employers under a collective bargaining agreement, the bill recognizes that construction workers often move between jobs and employers, which previously could disqualify them from such benefits under traditional eligibility rules.
Reduces the risk of losing benefits during employment gaps. The legislation allows construction workers who are laid off or take an agreed unpaid leave (such as for seasonal work or between projects) to regain eligibility for family leave benefits immediately upon returning to work, as long as they meet the workweek requirements. This provides more continuous protection compared to other workers.
Promotes equity for unionized labor. By specifically addressing workers covered by collective bargaining agreements, the bill ensures that union construction workers are not penalized for the industry’s customary hiring practices and can access family leave on more equal footing with other employees.
Supports workforce stability and family health. Expanding eligibility may improve worker retention and morale in the construction sector by making it easier for workers to take family leave without jeopardizing their financial security, thus supporting both family well-being and a more stable labor force.
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Who cares
Headline styles
Expand Paid Family Leave Access
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Family Leave Eligibility
Assembly Floor Calendar · Sponsor Victor M. Pichardo
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8788
IN SENATE
May 18, 2018
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to extending paid family leave benefits
The People of the State of New York, represented in Senate and Assembly, 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, 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01641-01-7
S. 8788 2
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 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.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 arc employed for twenty six of the last thirty nine weeks with one or more cowered 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 work- ers who are employed by more than one employer, it the field of construction, excavation, rehabilitation, repairs, reconstruction, reno- vations, alterations, and improvements to become eligible for paid fami- ly 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 layoff, provided they had worked at least 20 of the last 39 weeks.
Existing law
Employees must work for 20 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 agree- ment 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 if the lay-off was fora short period of time. He or she would 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 work- ing for multiple employers pursuant to collective bargaining agreements.
Legislative history
New bill
Fiscal implications
None to the state.
Effective date
This act. will take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.