New York A 5799: Relates to employment discrimination relating to family leave

Bill Text

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A05799 Summary:

BILL NOA05799 

&nbsp

SAME ASSAME AS S02499

&nbsp

SPONSORSolages

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Amd §§120 & 203-b, Work Comp L

&nbsp

Provides that an employee shall not be required to request reinstatement in order to file a discrimination claim regarding paid family medical leave benefits; permits a private right of action for certain violations as an alternative to a workers' compensation claim; provides for attorneys' fees and costs.

Go to top A05799 Actions:

BILL NOA05799 

&nbsp

02/20/2025referred to labor

01/07/2026referred to labor

Go to topA05799 Committee&nbspVotes:

Go to topA05799 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05799 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5799

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 20, 2025
 ___________

 Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
 tee on Labor

 AN ACT to amend the workers' compensation law, in relation to paid fami-
 ly medical leave

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 120 of the workers' compensation law, as amended by
 2 chapter 61 of the laws of 1989, the section heading as amended by
 3 section 31 of part SS of chapter 54 of the laws of 2016, the opening
 4 paragraph as amended by chapter 105 of the laws of 2019, is amended to
 5 read as follows:
 6 § 120. Discrimination against employees. 1. It shall be unlawful for
 7 any employer or [his or her] their duly authorized agent to discharge or
 8 fail to reinstate pursuant to section two hundred three-b of this chap-
 9 ter, or in any other manner discriminate against an employee as to [his
 10 or her] their employment because such employee has claimed or attempted
 11 to claim compensation from such employer, requested a claim form for
 12 injuries received in the course of employment, or claimed or attempted
 13 to claim any benefits provided under this chapter or because [he or she]
 14 such employee has testified or is about to testify in a proceeding under
 15 this chapter and no other valid reason is shown to exist for such action
 16 by the employer.
 17 2. Any complaint alleging such an unlawful discriminatory practice
 18 must be filed within two years of the commission of such practice. Upon
 19 finding that an employer has violated this section, the board shall make
 20 an order that any employee so discriminated against shall be restored to
 21 employment or otherwise restored to the position or privileges [he or
 22 she] they would have had but for the discrimination, if such rein-
 23 statement is requested by such employee, and shall be compensated by
 24 [his or her] their employer for any loss of compensation arising out of
 25 such discrimination together with such fees or allowances for services

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05173-01-5

 A. 5799 2

 1 rendered by an attorney or licensed representative as fixed by the
 2 board. Any employer who violates this section shall be liable to a
 3 penalty of not less than one hundred dollars or more than five hundred
 4 dollars, as may be determined by the board. All such penalties shall be
 5 paid into the state treasury. All penalties, compensation and fees or
 6 allowances shall be paid solely by the employer. The employer alone and
 7 not [his or her] their carrier shall be liable for such penalties and
 8 payments. Any provision in an insurance policy undertaking to relieve
 9 the employer from liability for such penalties and payments shall be
 10 void.
 11 3. An employer found to be in violation of this section and the
 12 aggrieved employee must report to the board as to the manner of the
 13 employer's compliance within thirty days of receipt of a final determi-
 14 nation. In case of failure to report on compliance, or failure to comply
 15 with an order or penalty of the board within thirty days after the order
 16 or notice of penalty is served, except where timely application to the
 17 board for a modification, rescission, or review of such order or penalty
 18 has been filed under section twenty-three of this chapter