A 10811: Grants family leave benefits to persons who perform artistic and cultural work, including but not limited to, artistic and performing personnel, creative and design personnel, technical and production personnel, and front-of-house support personnel engaged in the production or operation of live theatrical or artistic performances.

  
  STATE OF NEW YORK ________________________________________________________________________ 10811  IN ASSEMBLY April 1, 2026 ___________ Introduced by M. of A. LASHER -- read once and referred to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to family leave for persons who perform artistic and culture work 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 chapter 72 of the laws of 2026, is amended to read as follows: 3 § 203. Employees eligible for benefits under section two hundred four 4 of this article. (a) Employees in employment of a covered employer for 5 four or more consecutive weeks and employees in employment during the 6 work period usual to and available during such four or more consecutive 7 weeks in any trade or business in which they are regularly employed and 8 in which hiring from day to day of such employees is the usual employ- 9 ment practice shall be eligible for disability benefits as provided in 10 section two hundred four of this article. Employees in employment of a 11 covered employer for twenty-six or more consecutive weeks and employees 12 in employment during the work period usual to and available during such 13 twenty-six or more consecutive weeks in any trade or business in which 14 they are regularly employed and in which hiring from day to day of such 15 employees is the usual employment practice shall be eligible for family 16 leave benefits as provided in section two hundred four of this article. 17 For purposes of this article, [construction] employees who perform 18 activities listed in subdivision (b) of this section shall be eligible 19 for family leave benefits with the covered employer immediately preced- 20 ing the period of family leave if the employee was in employment and 21 worked the employer's normal work week for at least twenty-six of the 22 last thirty-nine weeks with any covered employer which is signatory to a 23 collective bargaining agreement. Every such employee shall continue to 24 be eligible for family leave benefits only during employment with a 25 covered employer. Every such employee shall continue to be eligible for 26 disability benefits during such employment and for a period of four 27 weeks after such employment terminates regardless of whether the employ- 28 ee performs any work for remuneration or profit in non-covered employ- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15163-01-6 
 A. 10811 2 1 ment. If during such four week period the employee performs any work for 2 remuneration or profit for another covered employer the employee shall 3 become eligible for disability benefits immediately with respect to that 4 employment. In addition every such employee who has previously completed 5 four or more consecutive weeks in employment with the covered employer 6 for purposes of disability benefits, or twenty-six or more consecutive 7 weeks in employment with the covered employer for purposes of paid fami- 8 ly leave, and returns to work with the same employer after an agreed and 9 specified unpaid leave of absence or vacation without pay shall become 10 eligible for benefits immediately with respect to such employment. For 11 purposes of this article, [construction] employees who perform activ- 12 ities listed in subdivision (b) of this section and who became eligible 13 for paid family leave benefits by working in the employment of a covered 14 employer and worked the employer's normal work week for at least twen- 15 ty-six of the last thirty-nine weeks, and who return to work after an 16 agreed and specified unpaid leave of absence or vacation without pay 17 with the same or different employer, shall be immediately eligible for 18 family leave benefits with the covered employer immediately preceding 19 the period of family leave. In the case of [construction] employees who 20 perform activities listed in subdivision (b) of this section and who are 21 laid-off and receive unemployment benefits, such employees shall be 22 eligible for family leave benefits with the covered employer immediately 23 preceding the period of family leave upon returning to work if they are 24 otherwise qualified by having worked in the employment of a covered 25 employer and worked the employer's normal work week for at least twen- 26 ty-six of the last thirty-nine weeks. An employee who during a period 27 in which such employee is eligible to receive benefits under subdivision 28 two of section two hundred seven of this article returns to employment 29 with a covered employer and an employee who is currently receiving unem- 30 ployment insurance benefits or benefits under section two hundred seven 31 of this article and who returns to employment with a covered employer 32 shall become eligible for disability benefits immediately with respect 33 to such employment. An employee regularly in the employment of a single 34 employer on a work schedule less than the employer's normal work week 35 shall become eligible for disability leave benefits on the twenty-fifth 36 day of such regular employment and for purposes of paid family leave an 37 employer shall become eligible for benefits on the one hundred seventy- 38 fifth day of such regular employment. An employee who is eligible for 39 disability and family leave benefits in the employment of a covered 40 employer shall not be deemed, for the purposes of this article, to have 41 such employment terminated during any period such employee is eligible 42 to receive benefits under section two hundred four of this article with 43 respect to such employment. 44 (b) For the purposes of subdivision (a) of this section, activities 45 include: 46 (i) construction, demolition, reconstruction, excavation, rehabili- 47 tation, repairs, renovations, alterations, or improvements; and 48 (ii) artistic and culture work, including, but not limited to, artis- 49 tic and performing personnel, creative and design personnel, technical 50 and production personnel, and front-of-house support personnel engaged 51 in the production or operation of live theatrical or artistic perform- 52 ances. 53 § 2. This act shall take effect on the same date and in the same 54 manner as section 4 of chapter 72 of the laws of 2026, takes effect.