New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter V - Workers' Compensation
Subchapter H - Disability Benefits
Article 1 - Regulations Under Disability Benefits Law
Part 359 - Employees Who Are Eligible For Benefits Provided By Their Employers
Section 359.2 - Employees who acquire eligibility during employment

Universal Citation: 12 NY Comp Codes Rules and Regs § 359.2

Current through Register Vol. 46, No. 12, March 20, 2024

(a) An employee of a covered employer is eligible for disability benefits to be provided by his employer for disabilities that occur during his employment with such employer and during the first four weeks after his employment with the covered employer terminates, provided the employee has been either:

(1) in employment, as defined in section 355.3 of this Title, of one or more covered employers for at least four consecutive workweeks immediately preceding disability or such termination of employment; or

(2) in employment during the work period usual to and available during such four consecutive weeks in any trade or business in which he is regularly employed and in which hiring from day to day of such employees is the usual employment practice; or

(3) in regular employment of a single employer on a work schedule less than the employer's normal workweek; such a part-time employee shall acquire eligibility on the 25th day of such regular employment.

(b) Eligibility shall continue during the first four weeks following termination of employment regardless of whether the employee performs work for remuneration or profit for a noncovered employer. If, during such four-week period, the employee performs any work for remuneration or profit for another covered employer, the employee shall be eligible immediately on employment for benefits to be provided by such employer.

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