N.Y. Workers' Compensation Law Section 203-B
Reinstatement following family leave

Any eligible employee of a covered employer who takes leave under this article shall be entitled, on return from such leave, to be restored by the employer to the position of employment held by the employee when the leave commenced, or to be restored to a comparable position with comparable employment benefits, pay and other terms and conditions of employment. The taking of family leave shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced. Nothing in this section shall be construed to entitle any restored employee to the accrual of any seniority or employment benefits during any period of leave, or any right, benefit or position to which the employee would have been entitled had the employee not taken the leave.

Source: Section 203-B — Reinstatement following family leave, https://www.­nysenate.­gov/legislation/laws/WKC/203-B (updated Apr. 8, 2016; accessed Jan. 31, 2026).

200
Short title 201
Definitions 202
Covered employer 203
Employees eligible for benefits under section two hundred four of this article 203–A
Retaliatory action prohibited for family leave 203–B
Reinstatement following family leave 203–C
Health insurance during family leave 204
Disability and family leave during employment 205
Disabilities, family leave and periods for which benefits are not payable 206
Non-duplication of benefits 207
Disability while unemployed 208
Payment of disability and family leave benefits 209
Contribution of employees for disability and family leave benefits 210
Employer contributions 211
Provision for payment of benefits 212
Voluntary coverage 212–A
Notwithstanding the definition of “employer” and “employment” set forth in section two hundred one of this article and the requirement fo... 212–B
Public employees 213
Non-compliance or default 214
Special fund for disability benefits 215
Commissioner of taxation and finance custodian of fund 216
Disposition of uncommitted balance of employees’ contributions 217
Notice and proof of claim 218
Disability benefit rights inalienable 219
Enforcement of payment in default 220
Penalties 221
Determination of contested claims for disability and family leave benefits 222
Technical rules of evidence or procedure not required 223
Modification of board decisions or orders 224
Appeals 225
Fees for representing employees 226
The insurance contract 227
Actionable injuries in claims for disability benefits 228
Administrative expenses 229
Posting of notice and providing of notice of rights 230
Destruction of records 231
Subpoenas 232
Fees for testimony of physicians, podiatrists, chiropractors, dentists, psychologists and health care providers 233
Inspection of records of employers 234
Disclosures prohibited 235
Exemptions 236
Disposition of accrued benefits upon death 237
Reimbursement for advance payments by employers 238
Payments to minors 239
Representation before the board 240
Non-liability of state 241
Application of other provisions of chapter 242
Separability of provisions
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Verified:
Jan. 31, 2026

Last modified:
Apr. 8, 2016

§ 203-B. Reinstatement following family leave's source at nysenate​.gov

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