STATE OF NEW YORK ________________________________________________________________________ 3733 2021-2022 Regular Sessions IN SENATE January 30, 2021 ___________ Introduced by Sen. COMRIE -- 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 Assem- bly, do enact as follows: 1 Section 1. 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 3 read as follows: 4 § 203. Employees eligible for benefits under section two hundred four 5 of this article. Employees in employment of a covered employer for four 6 or more consecutive weeks and employees in employment during the work 7 period usual to and available during such four or more consecutive weeks 8 in any trade or business in which they are regularly employed and in 9 which hiring from day to day of such employees is the usual employment 10 practice shall be eligible for disability benefits as provided in 11 section two hundred four of this article. Employees in employment of a 12 covered employer for twenty-six or more consecutive weeks and employees 13 in employment during the work period usual to and available during such 14 twenty-six or more consecutive weeks in any trade or business in which 15 they are regularly employed and in which hiring from day to day of such 16 employees is the usual employment practice shall be eligible for family 17 leave benefits as provided in section two hundred four of this article. 18 For purposes of this article, employees who perform construction, demo- 19 lition, reconstruction, excavation, rehabilitation, repairs, reno- 20 vations, alterations, or improvements for multiple employers pursuant to 21 a collective bargaining agreement shall be eligible for family leave 22 benefits if they were employed for at least twenty-six of the last thir- 23 ty-nine weeks by any covered employer which is signatory to a collective 24 bargaining agreement. Every such employee shall continue to be eligible 25 for family leave benefits only during employment with a covered employ- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08330-01-1

S. 3733 2 1 er. Every such employee shall continue to be eligible for disability 2 benefits during such employment and for a period of four weeks after 3 such employment terminates regardless of whether the employee performs 4 any work for remuneration or profit in non-covered employment. If during 5 such four week period the employee performs any work for remuneration or 6 profit for another covered employer the employee shall become eligible 7 for disability benefits immediately with respect to that employment. In 8 addition every such employee who has previously completed four or more 9 consecutive weeks in employment with the covered employer for purposes 10 of disability benefits, or twenty-six or more consecutive weeks in 11 employment with the covered employer for purposes of paid family leave, 12 and returns to work with the same employer after an agreed and specified 13 unpaid leave of absence or vacation without pay shall become eligible 14 for benefits immediately with respect to such employment. For purposes 15 of this article, employees who perform construction, demolition, recon- 16 struction, excavation, rehabilitation, repairs, renovations, alter- 17 ations, or improvements for multiple employers pursuant to a collective 18 bargaining agreement and who became eligible for paid family leave bene- 19 fits by working at least twenty-six of the last thirty-nine weeks, and 20 who return to work after an agreed and specified unpaid leave of absence 21 or vacation without pay with the same or different employer shall become 22 eligible for family leave benefits immediately with respect to such 23 employment. In the case of employees who perform construction, demoli- 24 tion, reconstruction, excavation, rehabilitation, repairs, renovations, 25 alterations, or improvements for multiple employers pursuant to a 26 collective bargaining agreement who are laid-off and receive unemploy- 27 ment benefits, such employees shall be eligible for family leave bene- 28 fits upon returning to work if they are otherwise qualified by having 29 worked at least twenty-six of the last thirty-nine weeks. An employee 30 who during a period in which he or she is eligible to receive benefits 31 under subdivision two of section two hundred seven of this article 32 returns to employment with a covered employer and an employee who is 33 currently receiving unemployment insurance benefits or benefits under 34 section two hundred seven of this article and who returns to employment 35 with a covered employer shall become eligible for disability benefits 36 immediately with respect to such employment. An employee regularly in 37 the employment of a single employer on a work schedule less than the 38 employer's normal work week shall become eligible for disability leave 39 benefits on the twenty-fifth day of such regular employment and for 40 purposes of paid family leave an employer shall become eligible for 41 benefits on the one hundred seventy-fifth day of such regular employ- 42 ment. An employee who is eligible for disability and family leave bene- 43 fits in the employment of a covered employer shall not be deemed, for 44 the purposes of this article, to have such employment terminated during 45 any period he or she is eligible to receive benefits under section two 46 hundred four of this article with respect to such employment. 47 § 2. This act shall take effect immediately.

Relates to paid family leave benefits

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