Bill Text: NY A03354 | 2021-2022 | General Assembly | Amended

New York Assembly Bill 3354 (Prior Session Legislation)

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


                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.
                                                                   LBD08673-06-1

        A. 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.