Union Construction Workers To Get Expanded Access To Paid Family Leave
If your clients include unionized construction contractors, prepare now to help them meet new Paid Family Leave (PFL) benefits requirements taking effect this winter. Two recently-enacted state laws expand construction workers’ eligibility for PFL benefits.
Effective January 1, 2027, “employees who perform construction, demolition, reconstruction, excavation, rehabilitation, repairs, renovations, alterations, or improvements for multiple employers pursuant to a collective bargaining agreement” are eligible for PFL benefits with their current employer if
- They were employed, and
- They worked the current employer’s normal work week for at least 26 of the last 39 weeks with any covered employer that is a party to a collective bargaining agreement.
In addition, construction workers who were eligible for PFL benefits and:
- Who worked the current employer’s normal work week for at least 26 of the last 39 weeks and
- Who return to work after an agreed and specified unpaid leave of absence or vacation without pay with the current or a different employer …
are immediately eligible for PFL benefits with the current employer.
Lastly, construction workers who are laid off and receive unemployment benefits are eligible for PFL benefits with the current employer if
- They are otherwise qualified because they worked for any covered employer and
- They worked the current employer’s normal work week for at least 26 of the last 39 weeks.
Construction employees will also be entitled to maintain existing union health plans or fund benefits in force while out on paid family leave.
According to the original sponsor’s memo submitted by Assemblymember Harry Bronson (D – Monroe County):
“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 consecutive weeks to qualify for benefits. 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.”
Bronson intended his bill to remedy that situation. The original law took effect December 19, 2025, but a subsequent law amending it pushed the effective date back to January 1, 2027.
You may want to consider advising your clients who may be affected by these changes to update their Disability Benefits Law/Paid Family Leave insurance policies for the coming year.
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