Bill Text: NY A07198 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to prohibiting discrimination against police and firefighters injured in the line of duty; prohibits the City of New York and the NYC police and fire departments from penalizing members injured in the line of duty in any manner including transfer, denial of promotion, dismissal or any other actions related to a member's medical leave.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to labor [A07198 Detail]

Download: New_York-2023-A07198-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7198

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 12, 2023
                                       ___________

        Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
          Committee on Labor

        AN ACT to amend the labor law, in relation to prohibiting discrimination
          against certain police officers and firefighters for injuries  in  the
          line of duty

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The labor law is amended by adding a new section  215-d  to
     2  read as follows:
     3    § 215-d. Discrimination against certain police officers and firefight-
     4  ers  for  line  of  duty  injuries.  1.  Notwithstanding anything to the
     5  contrary in any other law, rule or regulation, the City of New York, the
     6  New York City police department, the fire department of the City of  New
     7  York,  and  those  entities' authorized agents, shall not, in any manner
     8  penalize or threaten to penalize, expressly or  impliedly,  a  uniformed
     9  member  or  members  of  the New York City police department or the fire
    10  department of the City of New York, as to their employment in a  manner,
    11  including,  but  not  limited to, a transfer, reassignment, a scheduling
    12  change, an adverse evaluation, a constructive dismissal, the denial of a
    13  promotion, the denial of overtime, placement in or continuation  of  any
    14  program  intended  to  monitor  a  member's performance or sick leave or
    15  medical leave status, denial of  any  other  discretionary  benefit,  or
    16  denial,  suspension  or cancellation of any program or benefit available
    17  to a member or members pursuant to a collective bargaining agreement  or
    18  other  agreement  between the City of New York or its municipal agencies
    19  and a certified employee organization, based in whole or in part on such
    20  members' illness or injury incurred in the line of duty, or duty status,
    21  sick leave status, medical leave status, or  number  of  occurrences  or
    22  duration  of  sick  leave  or  medical leave, relating to any illness or
    23  injury incurred in the line of duty.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11343-01-3
        A. 7198                             2

     1    2. Any member or members penalized or threatened to  be  penalized  in
     2  violation  of subdivision one of this section may cause to be instituted
     3  a grievance proceeding  pursuant  to  the  provisions  of  a  collective
     4  bargaining agreement, if any, or may institute a civil action in a court
     5  of  competent  jurisdiction within one year after the alleged penalty or
     6  threat of penalty took place, or was otherwise discovered by the  member
     7  or  members,  whichever  is  later.  Any  member or members penalized in
     8  violation of subdivision one of this section shall have any such penalty
     9  reversed, shall be restored to their  previously  assigned  position  of
    10  employment  and  shall  be compensated by their employer for any loss of
    11  wages arising from such  penalty;  provided,  that  if  such  member  or
    12  members  shall  cease  to  be  qualified  to perform the duties of their
    13  employment they shall not be entitled to be restored to their previously
    14  assigned position of employment.
    15    § 2. This act shall take effect immediately.