Bill > S02499

This bill modifies the workers' compensation law to enhance protections for employees taking paid family medical leave. Specifically, the bill clarifies that an employee is not required to request reinstatement to their previous or a comparable position before filing a discrimination claim regarding paid family medical leave benefits. The legislation introduces a new provision allowing employees to pursue a private right of action against employers who violate these protections, as an alternative to filing a complaint with the workers' compensation board. If an employee prevails in such a legal action, they can be awarded compensatory, actual, and punitive damages, as well as injunctive relief, attorneys' fees, and costs. The bill also updates language to be more gender-neutral by replacing gendered pronouns with "their" and expands the definition of discriminatory practices to include actions related to paid family leave benefits. Additionally, the bill allows employees with pending claims before the workers' compensation board to withdraw those claims and instead file a civil action against their employer. The changes aim to provide stronger job protection and legal recourse for employees who take family medical leave, ensuring they cannot be penalized or discriminated against for exercising their leave rights.

Labor and Employment

https://www.nysenate.gov/legislation/bills/2025/S2499