senate Bill S6183

Grants employees of employers, which provide services pursuant to the mental hygiene law, protection from retaliatory actions for the reporting of certain violations

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 08 / Jan / 2014
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 29 / Apr / 2014
    • 1ST REPORT CAL.458
  • 30 / Apr / 2014
    • 2ND REPORT CAL.
  • 05 / May / 2014
    • ADVANCED TO THIRD READING
  • 18 / Jun / 2014
    • SUBSTITUTED BY A7909

Summary

Grants employees of employers, which provide services pursuant to the mental hygiene law, protection from retaliatory actions for the reporting of certain violations.

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Bill Details

See Assembly Version of this Bill:
A7909
Versions:
S6183
Legislative Cycle:
2013-2014
Law Section:
Mental Hygiene Law
Laws Affected:
Add ยงยง13.41, 7.45 & 19.43, Ment Hyg L
Versions Introduced in 2013-2014 Legislative Cycle:
A7909

Votes

Sponsor Memo

BILL NUMBER:S6183

TITLE OF BILL: An act to amend the mental hygiene law, in relation to
providing protections to mental hygiene employees from retaliatory
actions from employers

PURPOSE:

To ensure that employees of mental hygiene providers are protected
from employer retaliation for reported abuse, neglect, or maltreatment
to authorities.

SUMMARY OF PROVISIONS:

Section 1 of the bill provides employee protection from employer
retaliation pursuant to the labor law for employees of the Office of
People with Developmental Disabilities programs.

Section 2 of the bill provides employee protection from employer
retaliation pursuant to the labor law for employees of Office of
Mental Health programs.

Section 3 of the bill provides employee protection from employer
retaliation pursuant to the labor law for employees of Office of
Alcoholism and Substance Abuse Services programs.

JUSTIFICATION:

Recently, there have been reports of Mental Hygiene direct care
workers losing employment, being demoted; or suffering other
retaliatory actions simply for reporting abuse, neglect, and
maltreatment to authorities. Employees should not have to fear losing
employment for reporting conditions that are harmful to service
recipients. This bill will ensure that such employees be protected
from employer retaliation in such instances.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:.

Undetermined.

EFFECTIVE DATE:

This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6183

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend  the  mental  hygiene  law,  in  relation  to  providing
  protections  to mental hygiene employees from retaliatory actions from
  employers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The mental hygiene law is amended by adding a new section
13.41 to read as follows:
S 13.41 RETALIATORY PERSONNEL ACTIONS.
  EMPLOYEES OF FACILITIES, PROGRAMS AND  PROVIDERS  OPERATED,  LICENSED,
CERTIFIED, AUTHORIZED OR FUNDED BY THE OFFICE SHALL HAVE PROTECTION FROM
RETALIATORY  ACTION  FROM  EMPLOYERS  AS  PROVIDED FOR IN SECTIONS SEVEN
HUNDRED FORTY AND SEVEN HUNDRED FORTY-ONE OF THE LABOR LAW.
  S 2. The mental hygiene law is amended by adding a new section 7.45 to
read as follows:
S 7.45 RETALIATORY PERSONNEL ACTIONS.
  EMPLOYEES OF FACILITIES, PROGRAMS AND  PROVIDERS  OPERATED,  LICENSED,
CERTIFIED, AUTHORIZED OR FUNDED BY THE OFFICE SHALL HAVE PROTECTION FROM
RETALIATORY  ACTION  FROM  EMPLOYERS  AS  PROVIDED FOR IN SECTIONS SEVEN
HUNDRED FORTY AND SEVEN HUNDRED FORTY-ONE OF THE LABOR LAW.
  S 3. The mental hygiene law is amended by adding a new  section  19.43
to read as follows:
S 19.43 RETALIATORY PERSONNEL ACTIONS.
  EMPLOYEES  OF  FACILITIES,  PROGRAMS AND PROVIDERS OPERATED, LICENSED,
CERTIFIED, AUTHORIZED OR FUNDED BY THE OFFICE SHALL HAVE PROTECTION FROM
RETALIATORY ACTION FROM EMPLOYERS AS  PROVIDED  FOR  IN  SECTIONS  SEVEN
HUNDRED FORTY AND SEVEN HUNDRED FORTY-ONE OF THE LABOR LAW.
  S 4. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11428-01-3

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