Bill Text: NY A08931 | 2023-2024 | General Assembly | Introduced


Bill Title: Extends paid family leave benefits to employees who perform construction, demolition, reconstruction, excavation, rehabilitation, repairs, renovations, alterations, or improvements for multiple employers pursuant to a collective bargaining agreement who 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.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced) 2024-06-07 - ordered to third reading rules cal.573 [A08931 Detail]

Download: New_York-2023-A08931-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8931

                   IN ASSEMBLY

                                    January 30, 2024
                                       ___________

        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee 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-
    26  er.  Every  such  employee  shall continue to be eligible for disability
    27  benefits during such employment and for a period  of  four  weeks  after
    28  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.
                                                                   LBD03554-01-3

        A. 8931                             2

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