Bill Text: NY S05096 | 2021-2022 | General Assembly | Amended

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Bill Title: Allows certain employees to transfer or receive sick time from a fellow employee.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CIVIL SERVICE AND PENSIONS [S05096 Detail]

Download: New_York-2021-S05096-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5096--A
            Cal. No. 613

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 23, 2021
                                       ___________

        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
          -- reported favorably from said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading

        AN  ACT  to amend the civil service law, in relation to transfer of sick
          time

          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-d to read as follows:
     3    § 159-d. Transfer of sick time. 1. For purposes of this  section,  the
     4  following terms shall have the following meanings:
     5    (a) "donor" shall mean an individual who donates sick time to a fellow
     6  employee;
     7    (b)  "recipient"  shall  mean  an individual who receives donated sick
     8  time from a fellow employee;
     9    (c) "fellow employee" shall mean  an  individual  employed  under  the
    10  jurisdiction of the same civil service commission as another;
    11    (d)  "state  commission"  shall  have  the  same meaning as defined in
    12  subdivision one of section two of this chapter; and
    13    (e) "municipal commission" shall have the same meaning as  defined  in
    14  subdivision four of section two of this chapter.
    15    2. Every public officer, employee of this state, employee of any coun-
    16  ty, employee of any community college, employee of any public authority,
    17  employee  of  any  public  benefit corporation, employee of any board of
    18  cooperative educational services (BOCES),  employee  of  any  vocational
    19  education  and  extension  board,  or  a  school  district enumerated in
    20  section one of chapter five hundred sixty-six of the  laws  of  nineteen
    21  hundred  sixty-seven,  employee  of  any  municipality,  employee of any
    22  school district or any employee of a participating employer in  the  New

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03811-03-1
        S. 5096--A                          2

     1  York  state  and local employees' retirement system or any employee of a
     2  participating employer in the New York state teachers' retirement system
     3  shall be entitled to transfer or receive sick time from a fellow employ-
     4  ee.
     5    3.  In  order  to  transfer  such sick time the following restrictions
     6  shall apply:
     7    (a) An employee under the jurisdiction of the state  commission  shall
     8  only  be  permitted  to receive donated sick time from a fellow employee
     9  under the jurisdiction of the state commission;
    10    (b) An employee under the jurisdiction  of  any  municipal  commission
    11  shall  only  be  permitted  to  receive  donated sick time from a fellow
    12  employee under the jurisdiction of the same municipal commission;
    13    (c) An employee under the jurisdiction of a school district shall only
    14  be permitted to receive donated sick time from a fellow  employee  under
    15  the jurisdiction of the same school district;
    16    (d)  A  recipient  shall  only be permitted to receive and use donated
    17  sick time from a fellow employee if such  recipient  has  exhausted  all
    18  personal sick time. Personal sick time shall be deemed exhausted when an
    19  employee  has  a  balance of zero hours or less than the number of hours
    20  necessary to complete approved sick leave; and
    21    (e) An employer may  reserve  the  right  to  require  that  employees
    22  provide  a  written  referral  from a physician or other duly authorized
    23  health care provider or proof of familial emergency for such sick  leave
    24  to be approved.
    25    4.  Nothing  in  this section shall be deemed to supersede or diminish
    26  the terms, rights, privileges, or remedies of  any  employee  under  any
    27  collective bargaining agreement or employment contract.
    28    § 2. This act shall take effect immediately.