Bill Text: NY A03354 | 2021-2022 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Grants time off for public employees to receive a COVID-19 vaccination.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Passed) 2021-03-12 - signed chap.77 [A03354 Detail]
Download: New_York-2021-A03354-Amended.html
Bill Title: Grants time off for public employees to receive a COVID-19 vaccination.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Passed) 2021-03-12 - signed chap.77 [A03354 Detail]
Download: New_York-2021-A03354-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3354--A 2021-2022 Regular Sessions IN ASSEMBLY January 22, 2021 ___________ Introduced by M. of A. FALL, ABBATE, SILLITTI, SIMON, THIELE, RAJKUMAR -- read once and referred to the Committee on Governmental Employees -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the civil service law and the labor law, in relation to leave time for COVID-19 vaccination; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The civil service law is amended by adding a new section 2 159-c to read as follows: 3 § 159-c. Leave time for COVID-19 vaccination. 1. Every public officer, 4 employee of this state, employee of any county, employee of any communi- 5 ty college, employee of any public authority, employee of any public 6 benefit corporation, employee of any board of cooperative educational 7 services (BOCES), employee of any vocational education and extension 8 board, or a school district enumerated in section one of chapter five 9 hundred sixty-six of the laws of nineteen hundred sixty-seven, employee 10 of any municipality, employee of any school district or any employee of 11 a participating employer in the New York state and local employees' 12 retirement system or any employee of a participating employer in the New 13 York state teachers' retirement system shall be entitled to absent 14 himself or herself and shall be deemed to have a paid leave of absence 15 from his or her duties or service for a sufficient period of time, not 16 to exceed four hours per vaccine injection, unless such officer or 17 employee shall receive a greater number of hours pursuant to a collec- 18 tively bargained agreement or as otherwise authorized by the employer, 19 to be vaccinated for COVID-19. 20 2. The entire period of the leave of absence granted pursuant to this 21 section shall be excused leave and shall not be charged against any 22 other leave such public officer or employee is otherwise entitled to. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08673-06-1A. 3354--A 2 1 3. Nothing in this section shall be deemed to impede, infringe, dimin- 2 ish or impair the rights of a public employee or employer under any law, 3 rule, regulation or collectively negotiated agreement, or the rights and 4 benefits which accrue to employees through collective bargaining agree- 5 ments, or otherwise diminish the integrity of the existing collective 6 bargaining agreement. 7 § 2. The labor law is amended by adding a new section 196-c to read as 8 follows: 9 § 196-c. Leave time for COVID-19 vaccination. 1. Every employee shall 10 be provided a paid leave of absence from his or her employer for a 11 sufficient period of time, not to exceed four hours per vaccine 12 injection, unless such employee shall receive a greater number of hours 13 pursuant to a collectively bargained agreement or as otherwise author- 14 ized by the employer, to be vaccinated for COVID-19. 15 2. The entire period of the leave of absence granted pursuant to this 16 section shall be provided at the employee's regular rate of pay and 17 shall not be charged against any other leave such employee is otherwise 18 entitled to, including sick leave pursuant to section one hundred nine- 19 ty-six-b of this article. 20 3. Nothing in this section shall be deemed to impede, infringe, dimin- 21 ish or impair the rights of an employee or employer under any law, rule, 22 regulation or collectively negotiated agreement, or the rights and bene- 23 fits which accrue to employees through collective bargaining agreements, 24 or otherwise diminish the integrity of the existing collective bargain- 25 ing agreement. 26 § 3. No employer or his or her agent, or the officer or agent of any 27 corporation, partnership, or limited liability company, or any other 28 person, shall discharge, threaten, penalize, or in any other manner 29 discriminate or retaliate against any employee because such employee has 30 exercised his or her rights afforded under this act, including, but not 31 limited to, requesting or obtaining a leave of absence to be vaccinated 32 for COVID-19. 33 § 4. This act shall take effect immediately and shall expire and be 34 deemed repealed December 31, 2022.