Bill Text: NY A04646 | 2021-2022 | General Assembly | Introduced

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Bill Title: Allows first responders who are diagnosed with post-traumatic stress disorder to request line of duty sick leave.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2022-04-26 - held for consideration in governmental employees [A04646 Detail]

Download: New_York-2021-A04646-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4646

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2021
                                       ___________

        Introduced  by M. of A. ASHBY -- read once and referred to the Committee
          on Governmental Employees

        AN ACT to amend the general municipal law, in relation to allowing first
          responders who are diagnosed with post-traumatic  stress  disorder  to
          request line of duty sick leave

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general municipal  law  is  amended  by  adding  a  new
     2  section 92-e to read as follows:
     3    § 92-e. Sick leave for first responders with PTSD. 1.  Notwithstanding
     4  any  other  law,  rule, or regulation to the contrary, a first responder
     5  including a firefighter, police officer, or emergency medical  personnel
     6  who  is  an  employee of the state, a public authority, or any municipal
     7  corporation, who is diagnosed with post-traumatic stress disorder  by  a
     8  psychiatrist  licensed pursuant to article one hundred thirty-one of the
     9  education law which arises from such first  responder's  performance  of
    10  his or her duties, shall, after submitting a written request for line of
    11  duty  sick  leave,  be granted line of duty sick leave commencing on the
    12  date that such first responder was diagnosed with post-traumatic  stress
    13  disorder. The first responder shall be compensated at his or her regular
    14  rate of pay for those regular work hours during which such first respon-
    15  der  is  absent  from  work  due  to his or her diagnosed post-traumatic
    16  stress disorder. Such leave shall be provided without the  loss  of  the
    17  first responder's accrued sick leave or vacation leave.
    18    2.  An  employer shall not take any adverse personnel action against a
    19  first responder regarding  such  first  responder's  employment  because
    20  either  (i)  the  first responder utilizes, or requests to utilize, sick
    21  leave or any other  available  leave  due  to  diagnosed  post-traumatic
    22  stress  disorder,  or  (ii)  the first responder utilizes or requests to
    23  utilize line of duty sick leave provided by this section.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06334-01-1
        A. 4646                             2

     1    3. For purposes of this section, an "adverse personnel  action"  means
     2  any  discipline,  including  issuing  a notice of discipline, discharge,
     3  suspension, demotion, penalization, or discrimination against an employ-
     4  ee utilizing line of duty sick leave pursuant to subdivision one of this
     5  section.
     6    §  2.  The  state  shall  reimburse  any public authority or municipal
     7  corporation of less than one million people for the cost of any line  of
     8  duty sick leave granted pursuant to this act.
     9    §  3.  This act shall take effect immediately; provided, however, that
    10  any employee who is currently employed by the state,  public  authority,
    11  or  municipal  corporation  who  has  been diagnosed with post-traumatic
    12  stress disorder and is using sick  leave  due  to  such  disorder  shall
    13  receive  a  restoration  of such sick leave retroactive to the date such
    14  employee was diagnosed with post-traumatic stress disorder.