Bill Text: NY A07641 | 2019-2020 | General Assembly | Introduced
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 20-0)
Status: (Introduced - Dead) 2020-01-08 - referred to labor [A07641 Detail]
Download: New_York-2019-A07641-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7641 2019-2020 Regular Sessions IN ASSEMBLY May 14, 2019 ___________ Introduced by M. of A. ABBATE -- 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. LBD10032-01-9A. 7641 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.
