S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3733
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             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:

   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,  DEMO-
 LITION,   RECONSTRUCTION,  EXCAVATION,  REHABILITATION,  REPAIRS,  RENO-
 VATIONS, 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 THIR-
 TY-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  employ-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08330-01-1

 S. 3733                             2
 
 er.  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, RECON-
 STRUCTION,  EXCAVATION,  REHABILITATION,  REPAIRS,  RENOVATIONS,  ALTER-
 ATIONS,  OR IMPROVEMENTS FOR MULTIPLE EMPLOYERS PURSUANT TO A COLLECTIVE
 BARGAINING AGREEMENT AND WHO BECAME ELIGIBLE FOR PAID FAMILY LEAVE BENE-
 FITS 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,  DEMOLI-
 TION,  RECONSTRUCTION, EXCAVATION, REHABILITATION, REPAIRS, RENOVATIONS,
 ALTERATIONS, OR  IMPROVEMENTS  FOR  MULTIPLE  EMPLOYERS  PURSUANT  TO  A
 COLLECTIVE  BARGAINING  AGREEMENT WHO ARE LAID-OFF AND RECEIVE UNEMPLOY-
 MENT BENEFITS, SUCH EMPLOYEES SHALL BE ELIGIBLE FOR FAMILY  LEAVE  BENE-
 FITS  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  employ-
 ment.  An employee who is eligible for disability and family leave bene-
 fits 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.