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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8931
SPONSOR: Bronson 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 employed by more than one employer, in the
field of construction, excavation, rehabilitation, repairs, recon-
struction, 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 one would amend Section 203 of the Workers' Compensation Law 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 would 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.
Section two would set the effective date.
JUSTIFICATION:
This legislation is necessary in order for many construction workers to
qualify for paid family leave benefits. In the construction industry, it
is 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 have to
start over by working another 26 consecutive weeks to qualify for bene-
fits. 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 circum-
stances of the building trades industry and the realities and uncertain-
ties faced by those working for multiple employers pursuant to collec-
tive bargaining agreements.
LEGISLATIVE HISTORY:
2024: A7347 - Referred to Labor; enacting clause stricken
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act will take effect immediately.
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.
