N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 380-8.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 380-8.1 - Reinstatement

(a) A covered employee who has received family leave benefits shall be reinstated to his or her employment upon conclusion of his or her leave in accordance with section 203-b of the Workers' Compensation Law, and need not take any action.

(b) In the event the covered employer declines to reinstate the eligible employee, or otherwise violates the provisions of section 203-b or 120 of the Workers' Compensation Law, such employee shall, file with the employer and the chair a formal request on the form prescribed by the chair that the employer come into compliance with the provisions of sections 203-b and 120 of the Workers' Compensation Law.

(c) Within 30 days of the date of a request under subdivision (b) of this section, the covered employer shall either take corrective action or file a formal response to the employee, any attorney or representative who the employee may have retained, and the chair, explaining the reason that corrective action will or will not need to be taken. The failure of the employer to fully complete the formal response in a timely fashion may result in adverse findings and conclusions.

(d) In the event the employer takes corrective action to the satisfaction of the employee, no further action is needed.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 380-8.1

Adopted New York State Register July 19, 2017/Volume XXXIX, Issue 29, eff. 7/19/2017