McMahon, Steck, Jean-Pierre, De Los Santos, Raga, Septimo, Brabenec, Conrad
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7347
SPONSOR: Joyner 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 who are employed by more than one employer,
in the field of construction, excavation, rehabilitation, repairs,
reconstruction, 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 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 allow work-
ers who are employed by more than one employer, in the field of
construction, excavation, rehabilitation, repairs, reconstruction, reno-
vations, alterations, and improvements to become eligible for paid fami-
ly 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 shall 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.
EXISTING LAW:
Employees must work for 26 consecutive weeks to be eligible for benefits
under this section, and they must re-qualify if they return to work with
a different employer after an agreed and specified unpaid leave of
absence. They must also requalify if they are temporarily laid off.
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 consective 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:
2022: S3733
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
This act will take effect immediately.
