Bill Text: NY S03818 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to sick leave for officers and employees with a qualifying World Trade Center condition.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO LOCAL GOVERNMENT [S03818 Detail]

Download: New_York-2019-S03818-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3818
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 15, 2019
                                       ___________
        Introduced by Sens. GOUNARDES, KAMINSKY -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Local Govern-
          ment
        AN  ACT  to  amend the general municipal law and to amend chapter 273 of
          the laws of 2017 amending the general municipal law relating to grant-
          ing sick leave for officers and employees with  the  qualifying  World
          Trade  Center  condition,  in  relation to sick leave for officers and
          employees with a qualifying World Trade Center condition
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  92-d  of  the general municipal law, as added by
     2  chapter 273 of the laws of 2017, is amended to read as follows:
     3    § 92-d. Sick leave for officers and employees with a qualifying  World
     4  Trade Center condition. (a) Notwithstanding any other law, rule or regu-
     5  lation  to  the  contrary, officers and employees of the state, a public
     6  authority or any municipal corporation outside of a city  with  a  popu-
     7  lation  of  one  million  or more who filed a notice of participation in
     8  World Trade Center rescue, recovery or  cleanup  operations  and  subse-
     9  quently develop a qualifying World Trade Center condition, as defined in
    10  section  two  of the retirement and social security law, [while employed
    11  by the state, a public authority or such municipal corporation or public
    12  authority] shall be granted line of duty sick leave  commencing  on  the
    13  date  that  such  employee  was  diagnosed with a qualifying World Trade
    14  Center condition regardless of whether  such  officer  or  employee  was
    15  employed by his or her current employer at the time that such officer or
    16  employee  participated in World Trade Center rescue, recovery or cleanup
    17  operations. The officer or employee shall be compensated at his  or  her
    18  regular  rate of pay for those regular work hours during which the offi-
    19  cer or employee is absent from work due to his or her  qualifying  World
    20  Trade  Center condition. Such leave shall be provided without loss of an
    21  officer or employee's accrued sick leave.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09970-01-9
        S. 3818                             2
     1    (b) A public employer shall not  take  any  adverse  personnel  action
     2  against  a  public  employee regarding the employee's employment because
     3  either (1) the employee utilizes, or requests to utilize, sick leave  or
     4  any  other available leave due to a qualifying World Trade Center condi-
     5  tion,  as  such  term  is  defined  in section two of the retirement and
     6  social security law, or (2) the employee utilizes or requests to utilize
     7  line of duty sick leave provided by this section.
     8    (c) For purposes of this section, an "adverse personnel action"  means
     9  any  discipline,  including  issuing  a notice of discipline, discharge,
    10  suspension, demotion, penalization, or discrimination against an employ-
    11  ee utilizing line of duty sick leave pursuant to subdivision (a) of this
    12  section.
    13    § 2. Section 2 of chapter 273 of the laws of 2017, amending the gener-
    14  al municipal law relating  to  granting  sick  leave  for  officers  and
    15  employees  with a qualifying World Trade Center condition, is amended to
    16  read as follows:
    17    § 2. The state shall  reimburse  any  public  authority  or  municipal
    18  corporation  [of  less  than] other than a city with a population of one
    19  million people for the cost of any line duty sick leave granted pursuant
    20  to this act.
    21    § 3. This act shall take effect immediately and  shall  be  deemed  to
    22  have  been  in  full force and effect on the same date as chapter 273 of
    23  the laws of 2017, took effect; and provided that this act shall apply to
    24  all claims for reimbursement filed  pursuant  to  section  92-d  of  the
    25  general municipal law, as amended by this act.