N.Y. Workers' Compensation Law § 203: Employees eligible for benefits under section two hundred four of this article

* § 203. Employees eligible for benefits under section two hundred

four of this article. Employees in employment of a covered employer for

four or more consecutive weeks and employees in employment during the

work period usual to and available during such four or more consecutive

weeks in any trade or business in which they are regularly employed and

in which hiring from day to day of such employees is the usual

employment practice shall be eligible for disability benefits as

provided in section two hundred four of this article. Employees in

employment of a covered employer for twenty-six or more consecutive

weeks and employees in employment during the work period usual to and

available during such twenty-six or more consecutive weeks in any trade

or business in which they are regularly employed and in which hiring

from day to day of such employees is the usual employment practice shall

be eligible for family leave benefits as provided in section two hundred

four of this article. Every such employee shall continue to be eligible

for family leave benefits only during employment with a covered

employer. Every such employee shall continue to be eligible for

disability benefits during such employment and for a period of four

weeks after such employment terminates regardless of whether the

employee performs any work for remuneration or profit in non-covered

employment. If during such four week period the employee performs any

work for remuneration or profit for another covered employer the

employee shall become eligible for disability benefits immediately with

respect to that employment. In addition every such employee who has

previously completed four or more consecutive weeks in employment with

the covered employer for purposes of disability benefits, or twenty-six

or more consecutive weeks in employment with the covered employer for

purposes of paid family leave, and returns to work with the same

employer after an agreed and specified unpaid leave of absence or

vacation without pay shall become eligible for benefits immediately with

respect to such employment. An employee who during a period in which he

or she is eligible to receive benefits under subdivision two of section

two hundred seven of this article returns to employment with a covered

employer and an employee who is currently receiving unemployment

insurance benefits or benefits under section two hundred seven of this

article and who returns to employment with a covered employer shall

become eligible for disability benefits immediately with respect to such

employment. An employee regularly in the employment of a single employer

on a work schedule less than the employer's normal work week shall

become eligible for disability leave benefits on the twenty-fifth day of

such regular employment and for purposes of paid family leave an

employer shall become eligible for benefits on the one hundred

seventy-fifth day of such regular employment. An employee who is

eligible for disability and family leave benefits in the employment of a

covered employer shall not be deemed, for the purposes of this article,

to have such employment terminated during any period he or she is

eligible to receive benefits under section two hundred four of this

article with respect to such employment.

* NB Effective until January 1, 2027

* § 203. Employees eligible for benefits under section two hundred

four of this article. Employees in employment of a covered employer for

four or more consecutive weeks and employees in employment during the

work period usual to and available during such four or more consecutive

weeks in any trade or business in which they are regularly employed and

in which hiring from day to day of such employees is the usual

employment practice shall be eligible for disability benefits as

provided in section two hundred four of this article. Employees in

employment of a covered employer for twenty-six or more consecutive

weeks and employees in employment during the work period usual to and

available during such twenty-six or more consecutive weeks in any trade

or business in which they are regularly employed and in which hiring

from day to day of such employees is the usual employment practice shall

be eligible for family leave benefits as provided in section two hundred

four of this article. For purposes of this article, construction

employees shall be eligible for family leave benefits with the covered

employer immediately preceding the period of family leave if the

employee was in employment and worked the employer's normal work week

for at least twenty-six of the last thirty-nine weeks with any covered

employer which is signatory to a collective bargaining agreement. Every

such employee shall continue to be eligible for family leave benefits

only during employment with a covered employer. Every such employee

shall continue to be eligible for disability benefits during such

employment and for a period of four weeks after such employment

terminates regardless of whether the employee performs any work for

remuneration or profit in non-covered employment. If during such four

week period the employee performs any work for remuneration or profit

for another covered employer the employee shall become eligible for

disability benefits immediately with respect to that employment. In

addition every such employee who has previously completed four or more

consecutive weeks in employment with the covered employer for purposes

of disability benefits, or twenty-six or more consecutive weeks in

employment with the covered employer for purposes of paid family leave,

and returns to work with the same employer after an agreed and specified

unpaid leave of absence or vacation without pay shall become eligible

for benefits immediately with respect to such employment. For purposes

of this article, construction employees who became eligible for paid

family leave benefits by working in the employment of a covered employer

and worked the employer's normal work week for at least twenty-six of

the last thirty-nine weeks, and who return to work after an agreed and

specified unpaid leave of absence or vacation without pay with the same

or different employer, shall be immediately eligible for family leave

benefits with the covered employer immediately preceding the period of

family leave. In the case of construction employees who are laid-off and

receive unemployment benefits, such employees shall be eligible for

family leave benefits with the covered employer immediately preceding

the period of family leave upon returning to work if they are otherwise

qualified by having worked in the employment of a covered employer and

worked the employer's normal work week for at least twenty-six of the

last thirty-nine weeks. An employee who during a period in which such

employee is eligible to receive benefits under subdivision two of

section two hundred seven of this article returns to employment with a

covered employer and an employee who is currently receiving unemployment

insurance benefits or benefits under section two hundred seven of this

article and who returns to employment with a covered employer shall

become eligible for disability benefits immediately with respect to such

employment. An employee regularly in the employment of a single employer

on a work schedule less than the employer's normal work week shall

become eligible for disability leave benefits on the twenty-fifth day of

such regular employment and for purposes of paid family leave an

employer shall become eligible for benefits on the one hundred

seventy-fifth day of such regular employment. An employee who is

eligible for disability and family leave benefits in the employment of a

covered employer shall not be deemed, for the purposes of this article,

to have such employment terminated during any period such employee is

eligible to receive benefits under section two hundred four of this

article with respect to such employment.

* NB Effective January 1, 2027