Bill Text: NY S04162 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to prohibiting discrimination against police, firefighters and emergency medical technicians 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: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO LABOR [S04162 Detail]

Download: New_York-2019-S04162-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4162--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                      March 1, 2019
                                       ___________

        Introduced by Sens. GOUNARDES, COMRIE, GAUGHRAN, KAMINSKY, KAPLAN, SAVI-
          NO -- read twice and ordered printed, and when printed to be committed
          to  the  Committee  on  Labor  --  committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the labor law, in relation to prohibiting discrimination
          against certain police officers, firefighters  and  emergency  medical
          technicians 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, firefighters
     4  and emergency medical technicians for line of duty injuries. 1. As  used
     5  in  this  section  "emergency  medical  technician"  shall mean a person
     6  employed by the fire department of the city of New York in a title whose
     7  duties are those of an emergency medical technician or advanced emergen-
     8  cy medical technician, as those terms are defined in section three thou-
     9  sand one of the public health law, or whose duties  require  the  direct
    10  supervision  of  such  employees  whose duties are those of an emergency
    11  medical technician or advanced emergency medical technician.
    12    2. Notwithstanding anything to the contrary in any other law, rule  or
    13  regulation,  the  City of New York, the New York City police department,
    14  the fire department of the City of New York, and those entities' author-
    15  ized agents, shall not, in any manner penalize or threaten to  penalize,
    16  expressly  or  impliedly,  a uniformed member or members of the New York
    17  City police department or the fire department of the City of  New  York,
    18  including  emergency  medical  technicians,  as to their employment in a
    19  manner, including, but not limited to, a transfer, reassignment, a sche-
    20  duling change, an adverse  evaluation,  a  constructive  dismissal,  the
    21  denial of a promotion, the denial of overtime, placement in or continua-
    22  tion  of  any program intended to monitor a member's performance or sick

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10032-02-9
        S. 4162--A                          2

     1  leave or medical leave status, denial of any other  discretionary  bene-
     2  fit,  or  denial,  suspension  or cancellation of any program or benefit
     3  available to a member or members pursuant  to  a  collective  bargaining
     4  agreement or other agreement between the City of New York or its munici-
     5  pal agencies and a certified employee organization, based in whole or in
     6  part on such members' illness or injury incurred in the line of duty, or
     7  duty  status,  sick  leave  status,  medical  leave status, or number of
     8  occurrences or duration of sick leave or medical leave, relating to  any
     9  illness or injury incurred in the line of duty.
    10    3.  Any  member  or members penalized or threatened to be penalized in
    11  violation of subdivision one of this section may cause to be  instituted
    12  a  grievance  proceeding  pursuant  to  the  provisions  of a collective
    13  bargaining agreement, if any, or may institute a civil action in a court
    14  of competent jurisdiction within one year after the alleged  penalty  or
    15  threat  of penalty took place, or was otherwise discovered by the member
    16  or members, whichever is later.  Any  member  or  members  penalized  in
    17  violation of subdivision one of this section shall have any such penalty
    18  reversed,  shall  be  restored  to their previously assigned position of
    19  employment and shall be compensated by their employer for  any  loss  of
    20  wages  arising  from  such  penalty;  provided,  that  if such member or
    21  members shall cease to be qualified  to  perform  the  duties  of  their
    22  employment they shall not be entitled to be restored to their previously
    23  assigned position of employment.
    24    § 2. This act shall take effect immediately.