Labor & Employment (Workers' Compensation)

This bill allows public employees in New York (including state, county, school district, and retirement system workers) to use accrued sick, vacation, or personal time during waiting periods for workers' compensation benefits or when their claim is disputed. Employers cannot force employees to use this time during such periods, and if an employee later qualifies for benefits, they get their used time fully restored. The law does not apply to employees covered by collective bargaining agreements unless their union specifically opts in to these provisions. It preserves existing collective bargaining rights while ensuring employees don't lose accrued time during workers' comp processing delays.

This bill increases short-term disability and family leave benefits for eligible New York workers. It phases in higher weekly benefit rates (from 50% to 67% of average weekly wage) and extends maximum benefit periods (from 8-10 weeks to 12 weeks) over time, starting in 2018. These changes apply to employees taking leave for disability or qualifying family care needs under New York's workers' compensation law. The bill requires employers to maintain health benefits during leave and prohibits retaliation for taking leave. The superintendent of financial services may delay benefit increases if needed to maintain program stability.

This bill strengthens protections for workers who file workplace injury claims. It prohibits employers from firing, punishing, or threatening to report immigration status against employees who claim workers' compensation benefits, request claim forms, or testify in related proceedings. Key mechanisms include requiring employers to reinstate affected workers, pay lost wages, and face penalties of $500-$2,500 per violation (paid directly by the employer, not insurers). The law applies to all employees covered under New York’s workers’ compensation system.