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A05513 Summary:

BILL NOA05513
 
SAME ASSAME AS S03733
 
SPONSORPichardo
 
COSPNSRSayegh, Reyes
 
MLTSPNSR
 
Amd §203, Work Comp L
 
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.
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A05513 Actions:

BILL NOA05513
 
02/19/2021referred to labor
09/15/2021enacting clause stricken
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A05513 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5513
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 19, 2021
                                       ___________
 
        Introduced by M. of A. PICHARDO, SAYEGH, REYES -- read once and referred
          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

        A. 5513                             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.
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