Bill > A05799

This bill amends the workers' compensation law to strengthen protections for employees taking paid family medical leave. Specifically, the bill eliminates the requirement that an employee must request reinstatement to their former position before filing a discrimination claim. It introduces a new private right of action, allowing employees to sue employers directly for violations related to paid family medical leave benefits, instead of only being able to file a complaint with the workers' compensation board. If an employee prevails in such a lawsuit, they can now seek compensatory, actual, and punitive damages, as well as reasonable attorneys' fees and costs. The bill also clarifies that employees cannot be discriminated against for claiming or attempting to claim family leave benefits, and expands the timeline for filing such complaints to within two years of the discriminatory action. Additionally, the bill provides that employees with pending claims before the workers' compensation board can withdraw those claims and instead file a civil action against their employer. These changes aim to provide more robust legal protections and remedies for employees who experience discrimination related to paid family medical leave.

Labor and Employment

https://www.nysenate.gov/legislation/bills/2025/A5799