N.Y. Workers' Compensation Law Section 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 § 204 (Disability and family leave during employment)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 § 204 (Disability and family leave during employment)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 § 207 (Disability while unemployed)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 § 207 (Disability while unemployed)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 § 204 (Disability and family leave during employment)section two hundred four of this article with respect to such employment. * NB Effective until January 1, 2027 * § 203. Employees eligible for benefits under § 204 (Disability and family leave during employment)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 § 204 (Disability and family leave during employment)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 § 204 (Disability and family leave during employment)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 § 207 (Disability while unemployed)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 § 207 (Disability while unemployed)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 § 204 (Disability and family leave during employment)section two hundred four of this article with respect to such employment. * NB Effective January 1, 2027

Source: Section 203 — Employees eligible for benefits under section two hundred four of this article, https://www.­nysenate.­gov/legislation/laws/WKC/203 (updated Feb. 27, 2026; accessed Feb. 28, 2026).

200
Short title 201
Definitions 202
Covered employer 203
Employees eligible for benefits under section two hundred four of this article 203–A
Retaliatory action prohibited for family leave 203–B
Reinstatement following family leave 203–C
Health insurance during family leave 204
Disability and family leave during employment 205
Disabilities, family leave and periods for which benefits are not payable 206
Non-duplication of benefits 207
Disability while unemployed 208
Payment of disability and family leave benefits 209
Contribution of employees for disability and family leave benefits 210
Employer contributions 211
Provision for payment of benefits 212
Voluntary coverage 212–A
Notwithstanding the definition of “employer” and “employment” set forth in section two hundred one of this article and the requirement fo... 212–B
Public employees 213
Non-compliance or default 214
Special fund for disability benefits 215
Commissioner of taxation and finance custodian of fund 216
Disposition of uncommitted balance of employees’ contributions 217
Notice and proof of claim 218
Disability benefit rights inalienable 219
Enforcement of payment in default 220
Penalties 221
Determination of contested claims for disability and family leave benefits 222
Technical rules of evidence or procedure not required 223
Modification of board decisions or orders 224
Appeals 225
Fees for representing employees 226
The insurance contract 227
Actionable injuries in claims for disability benefits 228
Administrative expenses 229
Posting of notice and providing of notice of rights 230
Destruction of records 231
Subpoenas 232
Fees for testimony of physicians, podiatrists, chiropractors, dentists, psychologists and health care providers 233
Inspection of records of employers 234
Disclosures prohibited 235
Exemptions 236
Disposition of accrued benefits upon death 237
Reimbursement for advance payments by employers 238
Payments to minors 239
Representation before the board 240
Non-liability of state 241
Application of other provisions of chapter 242
Separability of provisions
Green check means up to date. Up to date

Verified:
Feb. 28, 2026

Last modified:
Feb. 27, 2026

§ 203. Emps. eligible for benefits under section two hundred four of this article's source at nysenate​.gov

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