S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2317--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M.  of  A. SIMON, COOK -- Multi-Sponsored by -- M. of A.
   REYES -- read once and  referred  to  the  Committee  on  Governmental
   Employees -- recommitted to the Committee on Governmental Employees in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend  the civil service law, in relation to use of accrued
   sick time, compensation time or vacation time
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  civil service law is amended by adding a new section
 159-d to read as follows:
   § 159-D. PAYMENT IN LIEU OF WORKERS' COMPENSATION PAYMENTS.    1.  ANY
 PUBLIC OFFICER, EMPLOYEE OF THE STATE, COUNTY, COMMUNITY COLLEGE, PUBLIC
 AUTHORITY,  PUBLIC BENEFIT CORPORATION, BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES (BOCES), VOCATIONAL EDUCATION AND EXTENSION BOARD, OR A  SCHOOL
 DISTRICT  ENUMERATED IN SECTION ONE OF CHAPTER FIVE HUNDRED SIXTY-SIX OF
 THE LAWS OF NINETEEN HUNDRED SIXTY-SEVEN, MUNICIPALITY, SCHOOL  DISTRICT
 OR  ANY  EMPLOYEE  OF A PARTICIPATING EMPLOYER IN THE NEW YORK STATE AND
 LOCAL EMPLOYEES' RETIREMENT SYSTEM OR ANY EMPLOYEE  OF  A  PARTICIPATING
 EMPLOYER  IN  THE  NEW  YORK  STATE  TEACHERS'  RETIREMENT SYSTEM WHO IS
 REQUIRED TO SERVE A WAITING PERIOD PURSUANT TO THE WORKERS' COMPENSATION
 LAW, OR WHO IS NOT RECEIVING INDEMNITY  BENEFITS  AS  A  RESULT  OF  THE
 CONTROVERSION  OF  THEIR  CLAIM, MAY USE ANY ACCRUED TIME, INCLUDING BUT
 NOT LIMITED TO, SICK TIME, COMPENSATION TIME, PERSONAL TIME, OR VACATION
 TIME, DURING SUCH WAITING PERIOD.  AN  EMPLOYER  SHALL  NOT  REQUIRE  AN
 EMPLOYEE TO UTILIZE ANY ACCRUED TIME DURING SUCH WAITING PERIOD OR PERI-
 OD OF CONTROVERSION.
   2.  WHERE AN EMPLOYEE HAS USED ACCRUED TIME, INCLUDING BUT NOT LIMITED
 TO SICK TIME, COMPENSATION TIME, PERSONAL TIME OR VACATION TIME, AND  IT
 IS  SUBSEQUENTLY  DETERMINED  THAT NO WAITING PERIOD IS REQUIRED, OR THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01012-03-2
              

 A. 2317--A                          2
 
 EMPLOYEE IS DETERMINED TO HAVE BEEN ENTITLED TO BENEFITS DURING A PERIOD
 OF CONTROVERSION, THE EMPLOYEE SHALL BE ENTITLED TO FULL RESTORATION  OF
 TIME CHARGED.
   3.  THE  PROVISIONS  OF  THIS  SECTION SHALL NOT APPLY TO ANY EMPLOYEE
 SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT. AN  EMPLOYEE  ORGANIZATION
 MAY, PURSUANT TO COLLECTIVE BARGAINING, OPT IN TO THE PROVISIONS OF THIS
 SECTION  ON  BEHALF  OF THOSE PUBLIC EMPLOYEES IT IS EITHER CERTIFIED OR
 RECOGNIZED TO REPRESENT, WITHIN THE MEANING OF ARTICLE FOURTEEN OF  THIS
 CHAPTER,  OR MAY ALTERNATIVELY BARGAIN FOR BENEFITS GREATER OR LESS THAN
 THOSE PROVIDED FOR BY THIS SECTION. AN EMPLOYEE  ORGANIZATION  THAT  HAS
 OPTED  IN  TO THE PROVISIONS OF THIS SECTION MAY, PURSUANT TO COLLECTIVE
 BARGAINING, OPT OUT OF IT AS IS MUTUALLY AGREED UPON BETWEEN THE EMPLOY-
 EE ORGANIZATION AND ANY PUBLIC EMPLOYER.
   4. NOTHING SET FORTH IN THIS SECTION SHALL  BE  CONSTRUED  TO  IMPEDE,
 INFRINGE  OR  DIMINISH  THE RIGHTS AND BENEFITS THAT ACCRUE TO EMPLOYEES
 AND EMPLOYERS THROUGH COLLECTIVE  BARGAINING  AGREEMENTS,  OR  OTHERWISE
 DIMINISH THE INTEGRITY OF THE COLLECTIVE BARGAINING RELATIONSHIP.
   § 2. This act shall take effect immediately.