Senate Bill S1027A

2023-2024 Legislative Session

Relates to employment discrimination relating to family leave

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Actions
Votes

Bill Amendments

co-Sponsors

2023-S1027 - Details

See Assembly Version of this Bill:
A6108
Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §§120, 203-a & 203-b, Work Comp L

2023-S1027 - Summary

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.

2023-S1027 - Sponsor Memo

2023-S1027 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1027
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee 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:

   Section 1. Section 120 of the workers' compensation law, as amended by
 chapter 61 of the laws of  1989,  the  section  heading  as  amended  by
 section  31  of  part  SS of chapter 54 of the laws of 2016, the opening
 paragraph as amended by chapter 105 of the laws of 2019, is  amended  to
 read as follows:
   §  120.  Discrimination against employees. 1. It shall be unlawful for
 any employer or his or her duly authorized agent to discharge or fail to
 reinstate pursuant to section two hundred three-b of this chapter, or in
 any other manner discriminate against an  employee  as  to  his  or  her
 employment  because  such  employee  has  claimed  or attempted to claim
 compensation from such employer, requested a  claim  form  for  injuries
 received  in  the course of employment, or claimed or attempted to claim
 any benefits provided under this chapter or because he or she has testi-
 fied or is about to testify in a proceeding under this  chapter  and  no
 other valid reason is shown to exist for such action by the employer.
   2.  Any  complaint  alleging  such an unlawful discriminatory practice
 must be filed within two years of the commission of such practice.  Upon
 finding that an employer has violated this section, the board shall make
 an order that any employee so discriminated against shall be restored to
 employment or otherwise restored to the position or privileges he or she
 would  have  had  but  for  the discrimination, IF SUCH REINSTATEMENT IS
 REQUESTED BY SUCH EMPLOYEE, and shall  be  compensated  by  his  or  her
 employer for any loss of compensation arising out of such discrimination
 together with such fees or allowances for services rendered by an attor-
 ney  or  licensed representative as fixed by the board. Any employer who
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03171-01-3
              

co-Sponsors

2023-S1027A - Details

See Assembly Version of this Bill:
A6108
Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §§120, 203-a & 203-b, Work Comp L

2023-S1027A - Summary

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.

2023-S1027A - Sponsor Memo

2023-S1027A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1027--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sens. GOUNARDES, HOYLMAN-SIGAL, MYRIE, PARKER, SEPULVEDA
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Labor -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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:
 
   Section 1. Section 120 of the workers' compensation law, as amended by
 chapter 61 of the laws of  1989,  the  section  heading  as  amended  by
 section  31  of  part  SS of chapter 54 of the laws of 2016, the opening
 paragraph as amended by chapter 105 of the laws of 2019, is  amended  to
 read as follows:
   §  120.  Discrimination against employees. 1. It shall be unlawful for
 any employer or his or her duly authorized agent to discharge or fail to
 reinstate pursuant to section two hundred three-b of this chapter, or in
 any other manner discriminate against an  employee  as  to  his  or  her
 employment  because  such  employee  has  claimed  or attempted to claim
 compensation from such employer, requested a  claim  form  for  injuries
 received  in  the course of employment, or claimed or attempted to claim
 any benefits provided under this chapter or because he or she has testi-
 fied or is about to testify in a proceeding under this  chapter  and  no
 other valid reason is shown to exist for such action by the employer.
   2.  Any  complaint  alleging  such an unlawful discriminatory practice
 must be filed within two years of the commission of such practice.  Upon
 finding that an employer has violated this section, the board shall make
 an order that any employee so discriminated against shall be restored to
 employment or otherwise restored to the position or privileges he or she
 would  have  had  but  for  the discrimination, IF SUCH REINSTATEMENT IS
 REQUESTED BY SUCH EMPLOYEE, and shall  be  compensated  by  his  or  her
 employer for any loss of compensation arising out of such discrimination
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03171-02-3
              

co-Sponsors

2023-S1027B (ACTIVE) - Details

See Assembly Version of this Bill:
A6108
Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §§120, 203-a & 203-b, Work Comp L

2023-S1027B (ACTIVE) - Summary

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.

2023-S1027B (ACTIVE) - Sponsor Memo

2023-S1027B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1027--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sens. GOUNARDES, BROUK, FERNANDEZ, HOYLMAN-SIGAL, MYRIE,
   PARKER, SEPULVEDA -- read twice and ordered printed, and when  printed
   to  be  committed  to  the Committee on Labor -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  -- recommitted to the Committee on Labor in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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:
 
   Section 1. Section 120 of the workers' compensation law, as amended by
 chapter 61 of the laws of  1989,  the  section  heading  as  amended  by
 section  31  of  part  SS of chapter 54 of the laws of 2016, the opening
 paragraph as amended by chapter 105 of the laws of 2019, is  amended  to
 read as follows:
   §  120.  Discrimination against employees. 1. It shall be unlawful for
 any employer or [his or her] THEIR duly authorized agent to discharge or
 fail to reinstate pursuant to section two hundred three-b of this  chap-
 ter,  or in any other manner discriminate against an employee as to [his
 or her] THEIR employment because such employee has claimed or  attempted
 to  claim  compensation  from  such employer, requested a claim form for
 injuries received in the course of employment, or claimed  or  attempted
 to claim any benefits provided under this chapter or because [he or she]
 SUCH EMPLOYEE has testified or is about to testify in a proceeding under
 this chapter and no other valid reason is shown to exist for such action
 by the employer.
   2.  Any  complaint  alleging  such an unlawful discriminatory practice
 must be filed within two years of the commission of such practice.  Upon
 finding that an employer has violated this section, the board shall make
 an order that any employee so discriminated against shall be restored to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03171-06-4
              

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