Bill Text: NY S06950 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to sick leave for certain individuals with a qualifying World Trade Center condition and rights of public employers and employees relating thereto.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-04-17 - SIGNED CHAP.60 [S06950 Detail]

Download: New_York-2019-S06950-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6950

                               2019-2020 Regular Sessions

                    IN SENATE

                                     January 6, 2019
                                       ___________

        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN  ACT  to  amend  the civil service, the general municipal law and the
          administrative code of the city of New York, in relation to the review
          of certain claims; to amend a chapter of the laws  of  2019,  amending
          the  general  municipal  law and other laws relating to sick leave for
          officers and employees with a qualifying World Trade Center condition,
          as proposed in legislative bills numbers  S.5890-A  and  A.7819-A,  in
          relation to sick leave for certain individuals with a qualifying World
          Trade  Center  condition  and rights of public employers and employees
          relating thereto; and  to  repeal  certain  provisions  of  the  civil
          service law relating thereto

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

     1    Section 1. Subdivision 1-a of section 6 of the civil service  law,  as
     2  added  by  a chapter of the laws of 2019, amending the general municipal
     3  law and other laws relating to sick leave  for  officers  and  employees
     4  with  a  qualifying World Trade Center condition as proposed in legisla-
     5  tive bills numbers S.5890-A and A.7819-A, is REPEALED.
     6    § 2. Section 7 of the civil service law is amended  by  adding  a  new
     7  subdivision 8 to read as follows:
     8    8.  The president shall have the power to review claims for reimburse-
     9  ment submitted by public authorities  or  municipal  corporations  other
    10  than  a  city with a population of a million or more pursuant to section
    11  ninety-two-d of the general municipal law to  determine  if  such  claim
    12  shall  be approved, reduced, amended or rejected. Such review and deter-
    13  mination shall be made in accordance with section  ninety-two-d  of  the
    14  general municipal law.
    15    §  3. Section 92-d of the general municipal law, as amended by section
    16  1 and subdivisions 2, 3, 4, 5, 6, 7, and 8 as added by section  2  of  a
    17  chapter  of  the  laws  of  2019, amending the general municipal law and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03751-07-9
        S. 6950                             2

     1  other laws relating to sick leave for  officers  and  employees  with  a
     2  qualifying  World  Trade  Center  condition,  as proposed in legislative
     3  bills numbers S.5890-A and A.7819-A, is amended to read as follows:
     4    §  92-d. Sick leave for officers and employees with a qualifying World
     5  Trade Center condition. 1.(a) Notwithstanding any  other  law,  rule  or
     6  regulation  to  the  contrary,  officers  and  employees of the state, a
     7  public authority or any municipal corporation outside of a city  with  a
     8  population  of  one million or more who have filed and received approval
     9  for such filed notice of participation in  World  Trade  Center  rescue,
    10  recovery  or  cleanup  operations  or  was  a participant in World Trade
    11  Center rescue, recovery, or cleanup operations as such term  is  defined
    12  in  section  one hundred sixty-one of the workers' compensation law, who
    13  does not have such filed and approved notice of  participation  and  has
    14  filed  a  notice of participation under section one hundred sixty-two of
    15  the workers' compensation law and is now employed by the state, a public
    16  authority, or any  municipal  corporation,  and  subsequently  [develop]
    17  developed  a  qualifying  World  Trade  Center  condition, as defined in
    18  section two of the retirement and social security law, shall, after  the
    19  receipt  of  a  written  request for line of duty sick leave, be granted
    20  line of duty sick leave commencing on the date that  such  employee  was
    21  diagnosed  with  a qualifying World Trade Center condition regardless of
    22  whether such officer or employee was employed  by  his  or  her  current
    23  employer at the time that such officer or employee participated in World
    24  Trade  Center  rescue,  recovery or cleanup operations.   The officer or
    25  employee shall be compensated at his or her  regular  rate  of  pay  for
    26  those  regular work hours during which the officer or employee is absent
    27  from work due to his or her qualifying  World  Trade  Center  condition.
    28  Such  leave  shall  be provided without loss of an officer or employee's
    29  accrued sick leave.
    30    (b) A public employer shall not  take  any  adverse  personnel  action
    31  against  a  public  employee regarding the employee's employment because
    32  either (i) the employee utilizes, or requests to utilize, sick leave  or
    33  any  other available leave due to a qualifying World Trade Center condi-
    34  tion, as such term is defined in  section  two  of  the  retirement  and
    35  social  security  law,  or  (ii)  the  employee  utilizes or requests to
    36  utilize line of duty sick leave provided by this section.
    37    (c) For purposes of this section, an "adverse personnel action"  means
    38  any  discipline,  including  issuing  a notice of discipline, discharge,
    39  suspension, demotion, penalization, or discrimination against an employ-
    40  ee utilizing line of duty sick leave pursuant to paragraph (a)  of  this
    41  subdivision.
    42    Nothing  in  this section shall [limit an employer's power pursuant to
    43  any other provision of law to  discipline  an  officer  or  employee  by
    44  termination,  reduction  of salary, or any other appropriate measure; to
    45  terminate an appointee who has not completed  his  or  her  probationary
    46  term; and to apply for ordinary or accident disability retirement for an
    47  officer  or  employee]  be  deemed to diminish or impair the rights of a
    48  public employee or employer under any law, rule, regulation  or  collec-
    49  tively  negotiated  agreement  or to prohibit any personnel action which
    50  otherwise would have been taken regardless of any  request  to  use,  or
    51  utilization  of, any sick leave or other available leave due to a quali-
    52  fying World Trade Center condition or request to use, or utilization of,
    53  any line of duty sick leave provided by this section.
    54    2.(a) Notwithstanding any other law, rule or regulation to the contra-
    55  ry, officers and employees of a city with a population of one million or
    56  more who (i) do not receive benefits similar to those provided  by  this
        S. 6950                             3

     1  section pursuant to a collectively bargained agreement, section 14-122.1
     2  of  the administrative code of the city of New York, section 15-108.1 of
     3  the administrative code of the city of  New  York,  or  other  statutory
     4  provision  and  (ii)  have  filed  and  received approval for such filed
     5  notice of participation in World Trade Center rescue, recovery or clean-
     6  up operations or was a participant in World Trade Center rescue,  recov-
     7  ery,  or  cleanup  operations  as  such  term  is defined in section one
     8  hundred sixty-one of the workers' compensation law, who  does  not  have
     9  such  filed  and approved notice of participation and has filed a notice
    10  of participation under section one hundred  sixty-two  of  the  workers'
    11  compensation  law  and is now employed by the state, a public authority,
    12  or any municipal corporation, and  subsequently  [develop]  developed  a
    13  qualifying  World  Trade  Center condition, as defined in section two of
    14  the retirement and social security law, shall, after receipt of a  writ-
    15  ten  request  for  line of duty sick leave, be granted line of duty sick
    16  leave commencing on the date that such employee  was  diagnosed  with  a
    17  qualifying World Trade Center condition regardless of whether such offi-
    18  cer  or employee was employed by his or her current employer at the time
    19  that such officer or employee participated in World Trade Center rescue,
    20  recovery or cleanup operations. The officer or employee shall be compen-
    21  sated at his or her regular rate of pay for  those  regular  work  hours
    22  during  which  the officer or employee is absent from work due to his or
    23  her qualifying  World  Trade  Center  condition.  Such  leave  shall  be
    24  provided without loss of an officer or employee's accrued sick leave.
    25    (b)  A  public  employer  shall  not take any adverse personnel action
    26  against a public employee regarding the  employee's  employment  because
    27  either  (i) the employee utilizes, or requests to utilize, sick leave or
    28  any other available leave due to a qualifying World Trade Center  condi-
    29  tion,  as  such  term  is  defined  in section two of the retirement and
    30  social security law, or  (ii)  the  employee  utilizes  or  requests  to
    31  utilize line of duty sick leave provided by this section.
    32    (c)  For purposes of this section, an "adverse personnel action" means
    33  any discipline, including issuing a  notice  of  discipline,  discharge,
    34  suspension, demotion, penalization, or discrimination against an employ-
    35  ee utilizing line of duty sick leave pursuant to subdivision one of this
    36  section.
    37    Nothing  in  this section shall [limit an employer's power pursuant to
    38  another provision of law to discipline an officer or employee by  termi-
    39  nation, reduction of salary, or any other appropriate measure; to termi-
    40  nate  an  appointee  who has not completed his or her probationary term;
    41  and to apply for ordinary or accident disability retirement for an offi-
    42  cer or employee] be deemed to diminish or impair the rights of a  public
    43  employee  or  employer  under  any law, rule, regulation or collectively
    44  negotiated agreement or to prohibit any personnel action which otherwise
    45  would have been taken regardless of any request to use,  or  utilization
    46  of,  any  sick  leave or other available leave due to a qualifying World
    47  Trade Center condition or request to use, or utilization of, any line of
    48  duty sick leave provided by this section.
    49    3. For purposes of this section, "cost" shall mean the number of  days
    50  of  sick  leave that must be restored to an officer or employee pursuant
    51  to subdivision one or two of this section multiplied by such officer  or
    52  employee's  wage  rate  at  the  time  that  such  sick  leave for which
    53  reimbursement is being sought was taken.
    54    4. A request, for line of duty sick leave  shall  be  in  writing  and
    55  include  a  waiver of the protection afforded to the officer or employee
    56  pursuant to the health insurance portability and accountability  act  to
        S. 6950                             4

     1  allow disclosure of the officer or employee's approved notice of partic-
     2  ipation  and  any  medical records concerning such officer or employee's
     3  notice of participation or qualifying World Trade  Center  condition  in
     4  the  possession  of the retirement system or workers' compensation board
     5  in which such officer or employee is a member for the purpose of review-
     6  ing, processing and auditing his or her claim  for  line  of  duty  sick
     7  leave.    Such  waiver  shall  be in the form required by the retirement
     8  system of which he or she is  a  member  or  the  workers'  compensation
     9  board,  along with the application for line of duty sick leave, with his
    10  or her employer.
    11    5. Notwithstanding any provision of law to the contrary, upon  request
    12  from  the  state, public authority or municipal corporation other than a
    13  city with a population of one million or more for a copy of an  approved
    14  notice of participation in World Trade Center rescue, recovery or clean-
    15  up operations for an officer or employee, the retirement system in which
    16  such  officer  or  employee  is  a  member  and to which such officer or
    17  employee filed his or her notice of participation in World Trade  Center
    18  rescue,  recovery or cleanup operations in accordance with paragraph (a)
    19  of subdivision thirty-six of section two of the  retirement  and  social
    20  security  law,  such  retirement system shall provide a verified copy of
    21  such approved notice of participation that includes the date  that  such
    22  notice  was  filed  to such requestor. A copy of such verified notice of
    23  participation shall be filed with any claim for reimbursement  submitted
    24  to  the  civil  service  [commission] department pursuant to subdivision
    25  four of this section. Except as required for filing, review,  and  audit
    26  purposes,  such  verified notice of participation and all copies of such
    27  verified notice shall be confidential  and  not  subject  to  disclosure
    28  pursuant to article six of the public officers law.
    29    6.  A public authority or municipal corporation other than a city with
    30  a population  of  one  million  or  more  shall  submit  any  claim  for
    31  reimbursement  under  this  section  to  the  civil service [commission]
    32  department. In accordance with  subdivision  [one-a]  eight  of  section
    33  [six]  seven  of  the  civil service law, the civil service [commission]
    34  department shall review each claim to determine if such claim  shall  be
    35  approved,  reduced,  amended or rejected and shall notify the submitting
    36  public authority or municipal corporation, within sixty days of  receipt
    37  of such claim, as to its determination. Such public authority or munici-
    38  pal  corporation  shall notify the civil service [commission] department
    39  within thirty days after receipt of  the  civil  service  [commission's]
    40  department's  notification,  as  to  its acceptance or rejection of such
    41  determination. Failure to  so  notify  the  civil  service  [commission]
    42  department  shall  constitute  an  acceptance  of  the determination. If
    43  accepted by such public authority or municipal corporation, such accept-
    44  ance shall constitute the final and conclusive  determination  for  such
    45  claim.  Notwithstanding any other law to the contrary, there shall be no
    46  appeal  of  such  determination  to  the  civil  service  commission. If
    47  rejected by such public authority or municipal corporation, such  public
    48  authority  or  municipal  corporation  [shall resubmit its claim, within
    49  thirty days after receipt of the civil  service  commission's  notifica-
    50  tion,  together  with  its  reasons  for  objection  and  any additional
    51  documentation which may justify its claim. Upon receipt of a resubmitted
    52  claim, the civil service commission shall review such claim  and  within
    53  sixty  days  of receipt of such resubmitted claim, make a final determi-
    54  nation as to the amount to be approved for such claim.  If  such  public
    55  authority  or  municipal  corporation  shall dispute such final determi-
    56  nation it] may commence an action[, within  sixty  days  of  such  final
        S. 6950                             5

     1  determination,  in  the court of claims which shall have jurisdiction to
     2  adjudicate the claim and enter judgment, which judgment shall be a final
     3  determination for purposes of this  section  and  shall  be  payable  in
     4  accordance  with  the provisions of this section] in accordance with the
     5  provisions of article seventy-eight of the civil practice law and rules.
     6    7. The civil service [commission] department shall certify all  claims
     7  for  which  a  final  determination  has  been  made.  The civil service
     8  [commission] department shall submit all certified claims [to the  comp-
     9  troller of the department of audit and control] for payment on or before
    10  the  first  day  of  the immediately succeeding month during which  such
    11  claim was certified.
    12    8. All claims certified by the civil service  [commission]  department
    13  shall  be  paid monthly [and shall be paid upon a warrant from the comp-
    14  troller].
    15    § 4. Section 12-140 of the administrative code  of  the  city  of  New
    16  York,  as  added  by a chapter of the laws of 2019, amending the general
    17  municipal law and other laws relating to sick  leave  for  officers  and
    18  employees with a qualifying World Trade Center condition, as proposed in
    19  legislative  bills  numbers S.5890-A and A.7819-A, is amended to read as
    20  follows:
    21    § 12-140 Line of duty sick leave for World Trade Center rescue, recov-
    22  ery or cleanup operations.  (a) Notwithstanding any other law,  rule  or
    23  regulation  to  the  contrary,  officers  and employees of a city with a
    24  population of one million or more who (i) do not receive benefits  simi-
    25  lar  to  those  provided  by  this  section  pursuant  to a collectively
    26  bargained agreement, section 14-122.1 of this code, section 15-108.1  of
    27  this  code,  or  other  statutory  provision and (ii) filed and received
    28  approval for such filed notice of participation in  World  Trade  Center
    29  rescue,  recovery  or  cleanup  operations or was a participant in World
    30  Trade Center rescue, recovery, or cleanup operations  as  such  term  is
    31  defined  in  section  one hundred sixty-one of the workers' compensation
    32  law, who does not have such filed and approved notice  of  participation
    33  and  has  filed  a  notice  of  participation  under section one hundred
    34  sixty-two of the workers' compensation law and is now employed by a city
    35  with a population of one million or  more,  and  subsequently  [develop]
    36  developed  a  qualifying  World  Trade  Center  condition, as defined in
    37  section two of the retirement and  social  security  law,  shall,  after
    38  receipt  of  a  written  request for line of duty sick leave, be granted
    39  line of duty sick leave commencing on the date that  such  employee  was
    40  diagnosed  with  a qualifying World Trade Center condition regardless of
    41  whether such officer or employee was employed  by  his  or  her  current
    42  employer at the time that such officer or employee participated in World
    43  Trade  Center  rescue,  recovery  or  cleanup operations. The officer or
    44  employee shall be compensated at his or her  regular  rate  of  pay  for
    45  those  regular work hours during which the officer or employee is absent
    46  from work. Such leave shall be provided without loss of  an  officer  or
    47  employee's accrued sick leave.
    48    (b)  A  public  employer  shall  not take any adverse personnel action
    49  against a public employee regarding the  employee's  employment  because
    50  either  (i) the employee utilizes, or requests to utilize, sick leave or
    51  any other available leave due to a qualifying World Trade Center  condi-
    52  tion,  as  such  term  is  defined  in section two of the retirement and
    53  social security law, or  (ii)  the  employee  utilizes  or  requests  to
    54  utilize line of duty sick leave provided by this section.
    55    (c)  For purposes of this section, an "adverse personnel action" means
    56  any discipline, including issuing a  notice  of  discipline,  discharge,
        S. 6950                             6

     1  suspension, demotion, penalization, or discrimination against an employ-
     2  ee utilizing line of duty sick leave pursuant to subdivision (a) of this
     3  section.    Nothing  in  this  section  shall [limit an employer's power
     4  pursuant to another provision of law to discipline an officer or employ-
     5  ee  by  termination, reduction of salary, or any other appropriate meas-
     6  ure; to terminate an appointee who has not completed his or  her  proba-
     7  tionary   term;  and  to  apply  for  ordinary  or  accident  disability
     8  retirement for an officer or employee] be deemed to diminish  or  impair
     9  the  rights  of a public employee or employer under any law, rule, regu-
    10  lation or collectively negotiated agreement or to prohibit any personnel
    11  action which otherwise would have been taken regardless of  any  request
    12  to  use,  or utilization of, any sick leave or other available leave due
    13  to a qualifying World Trade Center  condition  or  request  to  use,  or
    14  utilization of, any line of duty sick leave provided by this section.
    15    §  5. Section 6 of a chapter of the laws of 2019, amending the general
    16  municipal law and other laws relating to sick  leave  for  officers  and
    17  employees with a qualifying World Trade Center condition, as proposed in
    18  legislative  bills  numbers S.5890-A and A.7819-A, is amended to read as
    19  follows:
    20    § 6. The commissioner of the department of civil service[, in  consul-
    21  tation with the state comptroller and the commissioner of the department
    22  of  taxation and finance, shall] may promulgate rules and regulations to
    23  assist with the implementation of section 92-d of the general  municipal
    24  law.   [Such rules and regulations shall be issued no later than 90 days
    25  after this act shall have  become  a  law.]  Notwithstanding  any  other
    26  provisions  to  the  contrary in the state administrative procedure act,
    27  such rules and regulations may be adopted  on  an  emergency  basis  [if
    28  necessary to meet such 90-day deadline].
    29    §  6.  This  act  shall  take  effect on the same date and in the same
    30  manner as a chapter of the laws of 2019, amending the general  municipal
    31  law  and  other  laws  relating to sick leave for officers and employees
    32  with a qualifying World Trade Center condition, as proposed in  legisla-
    33  tive bills numbers S.5890-A and A.7819-A, takes effect.