Bill Text: NY S08538 | 2021-2022 | 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 8-0)

Status: (Introduced - Dead) 2022-03-09 - REFERRED TO LABOR [S08538 Detail]

Download: New_York-2021-S08538-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8538

                    IN SENATE

                                      March 9, 2022
                                       ___________

        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed to be committed 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.
    24    2.  Any  member  or members penalized or threatened to be penalized in
    25  violation of subdivision one of this section may cause to be  instituted
    26  a  grievance  proceeding  pursuant  to  the  provisions  of a collective
    27  bargaining agreement, if any, or may institute a civil action in a court

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11435-01-1
        S. 8538                             2

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