Albany Moves Toward Paid Leave Parity for Unionized Construction Workforce, by Keith J. Gutstein, Esq. and Rashmee Sinha, Esq., 10-28-2025

Legislation that would significantly expand access to Paid Family Leave (PFL) benefits for unionized construction workers in New York State has passed both the Assembly and Senate and now awaits the Governor’s consideration.

The proposal A4727/S50 aims to close long-recognized coverage gaps affecting construction workers who perform project-based work for multiple employers under a collective bargaining agreement (CBA). The measure would make PFL available to qualifying workers engaged in construction, demolition, reconstruction, excavation, rehabilitation, repairs, renovations, alterations, or improvements for multiple employers.

This legislative update marks a critical shift in how eligibility for PFL is determined for construction workers operating under CBAs, and employers should take steps now to understand its potential implications.

Current Law

Under existing law, most employees become eligible for PFL after 26 consecutive weeks of employment with the same employer.  Workers who separate, are laid off, or move between employers must typically restart the eligibility clock.  This rule disproportionately affects union construction workers, whose employment often shifts among multiple project-based employers, often never reaching the 26-week threshold with any single employer.  Different criteria apply to part-time employees and more on eligibility can be found here.

Key Changes Under S50/A4727

The new bill addresses this gap by redefining eligibility criteria for the construction sector. Key provisions include:

• Construction workers covered by a CBA and performing qualifying work for multiple employers would be eligible for PFL benefits if they have completed 26 weeks of covered employment within the preceding 39 weeks, regardless of whether that work was performed for one or several employers. In other words, the “26 in 39” rule allows construction workers to aggregate weeks worked across multiple employers over a 39-week window, rather than requiring all 26 weeks with one employer.
• Time spent on an agreed unpaid leave of absence, vacation without pay or layoff would not reset eligibility if the worker returns to covered employment.
• Employees who receive unemployment benefits during periods of layoff could still qualify for PFL upon reemployment, provided they meet the 26-in-39-week requirement.

Employer and Plan Administrator Considerations

Unionized construction employers, joint funds, and third-party plan administrators should take proactive steps to prepare for this anticipated change:

1. Review and update CBAs: to reflect the amended PFL eligibility standards during upcoming bargaining cycles
2. Coordinate with Carriers: Employers should verify that their Paid Family Leave insurance carriers can accurately track and apply the new 26-in-39-week eligibility standard across multiple employers.
3. Update Employee Communications: Inform eligible employees about the change through updated onboarding materials, union bulletins, or training sessions.
4. Monitor Compliance: Employers must ensure accurate recordkeeping of employment duration across different worksites and signatory employers to support eligibility determinations.

What’s Next

The legislation awaits signature by the Governor, who is expected to review the measure in the coming legislative session.  Employers, labor organizations, and administrators should continue monitoring developments and begin evaluating operational readiness should the bill be enacted.

Authors:  Keith J. Gutstein, Chair of KD’s Labor and Employment Law Practice Group and Co-Managing Partner of the Long Island Office and Partner Rashmee Sinha