S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2499
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 21, 2025
                                ___________
 
 Introduced by Sens. GOUNARDES, BROUK, FERNANDEZ, HOYLMAN-SIGAL, JACKSON,
   MYRIE,  PARKER,  SEPULVEDA -- 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] 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
 employment or otherwise restored to the position or  privileges  [he  or
 she]  THEY  would  have  had  but  for the discrimination, IF SUCH REIN-
 STATEMENT IS REQUESTED BY SUCH EMPLOYEE, and  shall  be  compensated  by
 [his  or her] THEIR employer for any loss of compensation arising out of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05173-01-5
              

 S. 2499                             2
 
 such discrimination together with such fees or allowances  for  services
 rendered  by  an  attorney  or  licensed  representative as fixed by the
 board. Any employer who violates this  section  shall  be  liable  to  a
 penalty  of  not less than one hundred dollars or more than five hundred
 dollars, as may be determined by the board. All such penalties shall  be
 paid  into  the  state treasury. All penalties, compensation and fees or
 allowances shall be paid solely by the employer. The employer alone  and
 not  [his  or  her] THEIR carrier shall be liable for such penalties and
 payments.  Any provision in an insurance policy undertaking  to  relieve
 the  employer  from  liability  for such penalties and payments shall be
 void.
   3. An employer found to be  in  violation  of  this  section  and  the
 aggrieved  employee  must  report  to  the board as to the manner of the
 employer's compliance within thirty days of receipt of a final  determi-
 nation. In case of failure to report on compliance, or failure to comply
 with an order or penalty of the board within thirty days after the order
 or  notice  of penalty is served, except where timely application to the
 board for a modification, rescission, or review of such order or penalty
 has been filed under section twenty-three of this chapter, the chair  in
 any  such  case  or,  on  the chair's consent, any party may enforce the
 order or penalty in a like manner as an award of compensation.
   4. PURSUANT WITH THE PROVISIONS OF SECTION TWO HUNDRED THREE-B OF THIS
 CHAPTER, AN EMPLOYEE SHALL NOT BE REQUIRED TO REQUEST  REINSTATEMENT  TO
 SUCH  EMPLOYEE'S FORMER POSITION OF EMPLOYMENT BEFORE FILING A COMPLAINT
 OF UNLAWFUL DISCRIMINATORY PRACTICE AS DESCRIBED IN THIS SECTION.
   5. AS AN ALTERNATIVE TO FILING A COMPLAINT WITH THE  BOARD  AS  HEREIN
 PROVIDED,  AN EMPLOYEE MAY BRING AN ACTION AGAINST ANY COVERED EMPLOYER,
 AS DESCRIBED IN SECTION TWO HUNDRED TWO OF THIS  CHAPTER,  WHO  VIOLATES
 THE  PROVISIONS  OF  THIS SECTION OR SECTION TWO HUNDRED THREE-B OF THIS
 CHAPTER, BY OR ON BEHALF OF AN EMPLOYEE, AS  THAT  TERM  IS  DEFINED  IN
 SUBDIVISION  FIVE  OF  SECTION  TWO HUNDRED ONE OF THIS CHAPTER, WHO HAS
 CLAIMED OR ATTEMPTED TO CLAIM PAID FAMILY LEAVE  BENEFITS.  A  PLAINTIFF
 WHO  PREVAILS  ON  A  CLAIM  ALLEGING  A VIOLATION OF THIS SECTION OR OF
 SECTION TWO HUNDRED THREE-B OF THIS CHAPTER WITH REGARDS TO PAID  FAMILY
 LEAVE  SHALL  BE ENTITLED TO COMPENSATORY, ACTUAL, AND PUNITIVE DAMAGES,
 INJUNCTIVE RELIEF, REASONABLE ATTORNEYS' FEES AND COSTS, AND OTHER  SUCH
 REMEDIES AS A COURT MAY DEEM APPROPRIATE.
   6.  AN  EMPLOYEE WITH A PENDING CLAIM BEFORE THE BOARD WHERE A FINDING
 HAS NOT YET BEEN ISSUED AS OF THE EFFECTIVE  DATE  OF  THIS  SUBDIVISION
 SHALL  BE PERMITTED TO WITHDRAW SUCH CLAIM AND FILE THE ACTION DESCRIBED
 IN SUBDIVISION FIVE OF THIS SECTION AGAINST A COVERED EMPLOYER.
   § 2. Section 203-b of the  workers'  compensation  law,  as  added  by
 section  4  of  part SS of chapter 54 of the laws of 2016, is amended to
 read as follows:
   § 203-b. Reinstatement following family leave. Any  eligible  employee
 of  a covered employer who takes leave under this article shall be enti-
 tled, on return from such leave, to be restored by the employer  to  the
 position of employment held by the employee when the leave commenced, or
 to be restored to a comparable position with comparable employment bene-
 fits, pay and other terms and conditions of employment, PROVIDED, HOWEV-
 ER,  THAT  SUCH ELIGIBLE EMPLOYEE SHALL NOT BE REQUIRED TO REQUEST REIN-
 STATEMENT TO ANY SUCH POSITION. The taking of  family  leave  shall  not
 result  in  the loss of any employment benefit accrued prior to the date
 on which the leave commenced. Nothing in this section shall be construed
 to entitle any restored employee to the  accrual  of  any  seniority  or
 employment benefits during any period of leave, or any right, benefit or
 S. 2499                             3
 
 position to which the employee would have been entitled had the employee
 not  taken  the  leave.  FURTHERMORE,  NOTHING  IN THIS SECTION SHALL BE
 CONSTRUED TO REQUIRE AN  EMPLOYEE  TO  REQUEST  REINSTATEMENT  TO  THEIR
 FORMER POSITION OF EMPLOYMENT, OR TO A COMPARABLE POSITION WITH COMPARA-
 BLE  EMPLOYMENT BENEFITS, PAY, AND OTHER TERMS AND CONDITIONS OF EMPLOY-
 MENT, BEFORE INITIATING A COMPLAINT AGAINST A COVERED EMPLOYER  PURSUANT
 TO THE PROVISIONS OF SECTION ONE HUNDRED TWENTY OF THIS CHAPTER.
   §  3.  This  act  shall take effect immediately and shall apply to all
 complaints and actions filed on or after such effective date;  provided,
 however,  that  the  provisions  of  subdivision 6 of section 120 of the
 workers' compensation law added by section one of this act  shall  apply
 to claims pending before the workers' compensation board where a finding
 has not yet been issued as of the effective date of this act.