New York 2025-2026 Regular Session

New York Assembly Bill A05799

Introduced
2/20/25  
Refer
2/20/25  

Caption

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.

Summary

Bill A05799 amends the workers' compensation law in New York to enhance protections for employees regarding paid family medical leave. Specifically, it prohibits employers from requiring employees to request reinstatement before filing a discrimination complaint related to paid family leave benefits. The bill also allows employees to pursue a private right of action against employers for violations, which includes the potential for compensatory, actual, and punitive damages, as well as attorneys' fees and costs.

Impact

The bill significantly impacts state laws by strengthening the rights of employees who take paid family leave. It modifies existing provisions that previously required employees to request reinstatement before filing discrimination claims, thereby streamlining the process for employees seeking justice. This change could lead to increased accountability for employers and may result in a rise in claims filed by employees who feel discriminated against for taking family leave.

Sentiment

The sentiment surrounding Bill A05799 appears to be supportive among advocates for workers' rights, as it aims to protect employees from discrimination related to family leave. However, there may be concerns from employers regarding the potential for increased litigation and liability, which could lead to pushback from business groups during discussions.

Contention

Notable points of contention include the balance between employee protections and the potential burdens placed on employers. Some stakeholders may argue that the bill could lead to frivolous lawsuits or increased costs for businesses, while proponents emphasize the need for stronger protections for employees taking family leave. The debate may center around the implications of allowing private lawsuits versus relying solely on workers' compensation claims.

Companion Bills

NY S02499

Same As 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.

Previously Filed As

NY S01027

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.

NY S02499

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.

NY HB456

Provides relative to claims for benefits under workers' compensation

NY HB4415

Relating to waiver of immunity in certain employment discrimination actions in connection with a workers' compensation claim.

NY HB299

Relative to the award of attorneys' fees and costs in workers' compensation claims.

NY A08483

Provides that no entity shall receive fees for services rendered in a veterans' benefits matter until certain notice has been provided to the claimant; provides for the type of notice that shall be provided to claimants; defines terms; makes technical corrections.

NY HB1018

To Create The Strong Families Act; And To Create An Income Tax Credit For Employers That Provide Paid Family And Medical Leave For Certain Employees.

NY SF109

A bill for an act relating to a family leave and medical leave insurance program that provides for paid, job-protected leave for certain family leave and medical leave reasons for eligible employees of specified employers.

NY SF2239

A bill for an act relating to a family leave and medical leave insurance program that provides for paid, job-protected leave for certain family leave and medical leave reasons for eligible employees of specified employers.

NY HF2631

A bill for an act relating to a family leave and medical leave insurance program that provides for paid, job-protected leave for certain family leave and medical leave reasons for eligible employees of specified employers.

Similar Bills

No similar bills found.