§ 203 — Employees eligible for benefits under section two hundred four of this article

New York § 203

• Jurisdiction: New York
• Law WKC: Workers' Compensation
• Art. 9: Disability Benefits

Text

§ 203. Employees eligible for benefits under section two hundred four\nof this article. Employees in employment of a covered employer for four\nor more consecutive weeks and employees in employment during the work\nperiod usual to and available during such four or more consecutive weeks\nin any trade or business in which they are regularly employed and in\nwhich hiring from day to day of such employees is the usual employment\npractice shall be eligible for disability benefits as provided in\nsection two hundred four of this article. Employees in employment of a\ncovered employer for twenty-six or more consecutive weeks and employees\nin employment during the work period usual to and available during such\ntwenty-six or more consecutive weeks in any trade or business in which\nthey are regularly employed and in which hiring from day to day of such\nemployees is the usual employment practice shall be eligible for family\nleave benefits as provided in section two hundred four of this article.\nFor purposes of this article, employees who perform construction,\ndemolition, reconstruction, excavation, rehabilitation, repairs,\nrenovations, alterations, or improvements for multiple employers\npursuant to a collective bargaining agreement shall be eligible for\nfamily leave benefits if they were employed for at least twenty-six of\nthe last thirty-nine weeks by any covered employer which is signatory to\na collective bargaining agreement. Every such employee shall continue to\nbe eligible for family leave benefits only during employment with a\ncovered employer. Every such employee shall continue to be eligible for\ndisability benefits during such employment and for a period of four\nweeks after such employment terminates regardless of whether the\nemployee performs any work for remuneration or profit in non-covered\nemployment. If during such four week period the employee performs any\nwork for remuneration or profit for another covered employer the\nemployee shall become eligible for disability benefits immediately with\nrespect to that employment. In addition every such employee who has\npreviously completed four or more consecutive weeks in employment with\nthe covered employer for purposes of disability benefits, or twenty-six\nor more consecutive weeks in employment with the covered employer for\npurposes of paid family leave, and returns to work with the same\nemployer after an agreed and specified unpaid leave of absence or\nvacation without pay shall become eligible for benefits immediately with\nrespect to such employment. For purposes of this article, employees who\nperform construction, demolition, reconstruction, excavation,\nrehabilitation, repairs, renovations, alterations, or improvements for\nmultiple employers pursuant to a collective bargaining agreement and who\nbecame eligible for paid family leave benefits by working at least\ntwenty-six of the last thirty-nine weeks, and who return to work after\nan agreed and specified unpaid leave of absence or vacation without pay\nwith the same or different employer shall become eligible for family\nleave benefits immediately with respect to such employment. In the case\nof employees who perform construction, demolition, reconstruction,\nexcavation, rehabilitation, repairs, renovations, alterations, or\nimprovements for multiple employers pursuant to a collective bargaining\nagreement who are laid-off and receive unemployment benefits, such\nemployees shall be eligible for family leave benefits upon returning to\nwork if they are otherwise qualified by having worked at least\ntwenty-six of the last thirty-nine weeks. An employee who during a\nperiod in which such employee is eligible to receive benefits under\nsubdivision two of section two hundred seven of this article returns to\nemployment with a covered employer and an employee who is currently\nreceiving unemployment insurance benefits or benefits under section two\nhundred seven of this article and who returns to employment with a\ncovered employer shall become eligible for disability benefits\nimmediately with respect to such employment. An employee regularly in\nthe employment of a single employer on a work schedule less than the\nemployer's normal work week shall become eligible for disability leave\nbenefits on the twenty-fifth day of such regular employment and for\npurposes of paid family leave an employer shall become eligible for\nbenefits on the one hundred seventy-fifth day of such regular\nemployment. An employee who is eligible for disability and family leave\nbenefits in the employment of a covered employer shall not be deemed,\nfor the purposes of this article, to have such employment terminated\nduring any period such employee is eligible to receive benefits under\nsection two hundred four of this article with respect to such\nemployment.\n