Employees eligible for benefits under section two hundred four of this article
Workers' Compensation
Section: 203
Jurisdiction: NY
Bluebook Citation: N.Y. Workers’ Comp. Law § 203
* § 203. Employees eligible for benefits under section two hundred\nfour of this article. Employees in employment of a covered employer for\nfour or more consecutive weeks and employees in employment during the\nwork period usual to and available during such four or more consecutive\nweeks in any trade or business in which they are regularly employed and\nin which hiring from day to day of such employees is the usual\nemployment practice shall be eligible for disability benefits as\nprovided in section two hundred four of this article. Employees in\nemployment of a covered employer for twenty-six or more consecutive\nweeks and employees in employment during the work period usual to and\navailable during such twenty-six or more consecutive weeks in any trade\nor business in which they are regularly employed and in which hiring\nfrom day to day of such employees is the usual employment practice shall\nbe eligible for family leave benefits as provided in section two hundred\nfour of this article. Every such employee shall continue to be eligible\nfor family leave benefits only during employment with a covered\nemployer. 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. An employee who during a period in which he\nor she is eligible to receive benefits under subdivision two of section\ntwo hundred seven of this article returns to employment with a covered\nemployer and an employee who is currently receiving unemployment\ninsurance benefits or benefits under section two hundred seven of this\narticle and who returns to employment with a covered employer shall\nbecome eligible for disability benefits immediately with respect to such\nemployment. An employee regularly in the employment of a single employer\non a work schedule less than the employer's normal work week shall\nbecome eligible for disability leave benefits on the twenty-fifth day of\nsuch regular employment and for purposes of paid family leave an\nemployer shall become eligible for benefits on the one hundred\nseventy-fifth day of such regular employment. An employee who is\neligible for disability and family leave benefits in the employment of a\ncovered employer shall not be deemed, for the purposes of this article,\nto have such employment terminated during any period he or she is\neligible to receive benefits under section two hundred four of this\narticle with respect to such employment.\n * NB Effective until January 1, 2027\n * § 203. Employees eligible for benefits under section two hundred\nfour of this article. Employees in employment of a covered employer for\nfour or more consecutive weeks and employees in employment during the\nwork period usual to and available during such four or more consecutive\nweeks in any trade or business in which they are regularly employed and\nin which hiring from day to day of such employees is the usual\nemployment practice shall be eligible for disability benefits as\nprovided in section two hundred four of this article. Employees in\nemployment of a covered employer for twenty-six or more consecutive\nweeks and employees in employment during the work period usual to and\navailable during such twenty-six or more consecutive weeks in any trade\nor business in which they are regularly employed and in which hiring\nfrom day to day of such employees is the usual employment practice shall\nbe eligible for family leave benefits as provided in section two hundred\nfour of this article. For purposes of this article, construction\nemployees shall be eligible for family leave benefits with the covered\nemployer immediately preceding the period of family leave if the\nemployee was in employment and worked the employer's normal work week\nfor at least twenty-six of the last thirty-nine weeks with any covered\nemployer which is signatory to a collective bargaining agreement. Every\nsuch employee shall continue to be eligible for family leave benefits\nonly during employment with a covered employer. Every such employee\nshall continue to be eligible for disability benefits during such\nemployment and for a period of four weeks after such employment\nterminates regardless of whether the employee performs any work for\nremuneration or profit in non-covered employment. If during such four\nweek period the employee performs any work for remuneration or profit\nfor another covered employer the employee shall become eligible for\ndisability benefits immediately with respect to that employment. In\naddition every such employee who has previously completed four or more\nconsecutive weeks in employment with the covered employer for purposes\nof disability benefits, or twenty-six or more consecutive weeks in\nemployment with the covered employer for purposes of paid family leave,\nand returns to work with the same employer after an agreed and specified\nunpaid leave of absence or vacation without pay shall become eligible\nfor benefits immediately with respect to such employment. For purposes\nof this article, construction employees who became eligible for paid\nfamily leave benefits by working in the employment of a covered employer\nand worked the employer's normal work week for at least twenty-six of\nthe last thirty-nine weeks, and who return to work after an agreed and\nspecified unpaid leave of absence or vacation without pay with the same\nor different employer, shall be immediately eligible for family leave\nbenefits with the covered employer immediately preceding the period of\nfamily leave. In the case of construction employees who are laid-off and\nreceive unemployment benefits, such employees shall be eligible for\nfamily leave benefits with the covered employer immediately preceding\nthe period of family leave upon returning to work if they are otherwise\nqualified by having worked in the employment of a covered employer and\nworked the employer's normal work week for at least twenty-six of the\nlast thirty-nine weeks. An employee who during a period in which such\nemployee is eligible to receive benefits under subdivision two of\nsection two hundred seven of this article returns to employment with a\ncovered employer and an employee who is currently receiving unemployment\ninsurance benefits or benefits under section two hundred seven of this\narticle and who returns to employment with a covered employer shall\nbecome eligible for disability benefits immediately with respect to such\nemployment. An employee regularly in the employment of a single employer\non a work schedule less than the employer's normal work week shall\nbecome eligible for disability leave benefits on the twenty-fifth day of\nsuch regular employment and for purposes of paid family leave an\nemployer shall become eligible for benefits on the one hundred\nseventy-fifth day of such regular employment. An employee who is\neligible for disability and family leave benefits in the employment of a\ncovered employer shall not be deemed, for the purposes of this article,\nto have such employment terminated during any period such employee is\neligible to receive benefits under section two hundred four of this\narticle with respect to such employment.\n * NB Effective January 1, 2027\n
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