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 Jul. 20, 2024).

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

Accessed:
Jul. 20, 2024

Last modified:
Apr. 8, 2016

§ 203-B’s source at nysenate​.gov

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