S T A T E O F N E W Y O R K
________________________________________________________________________
8460
2009-2010 Regular Sessions
I N A S S E M B L Y
May 21, 2009
___________
Introduced by M. of A. FIELDS -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the civil service law, in relation to excluding employ-
ees who do not work year round or work seasonally from provisions
relating to breast cancer and prostate cancer screenings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1 and 2 of section 159-b of the civil service
law, as amended by chapter 391 of the laws of 2008, are amended to read
as follows:
1. Every public officer, employee of this state, employee of any coun-
ty, employee of any community college, employee of any public authority,
employee of any public benefit corporation, employee of any board of
cooperative educational services (BOCES), employee of any 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, employee of any municipality, employee of any
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, EXCLUDING EMPLOYEES WHO DO NOT WORK YEAR ROUND OR WORK
SEASONALLY, EXCEPT IN THE CASE OF A MEDICAL EMERGENCY, shall be entitled
to absent himself or herself and shall be deemed to have a paid leave of
absence from his or her duties or service as such public officer or
employee of this state, employee of any county, employee of any communi-
ty college, employee of any public authority, employee of any public
benefit corporation, employee of any board of cooperative educational
services (BOCES), employee of any 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, employee
of any municipality, employee of any school district, or any employee of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11914-01-9
A. 8460 2
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 for a sufficient period of time,
not to exceed four hours on an annual basis, to undertake a screening
for breast cancer.
2. The entire period of the leave of absence granted pursuant to this
section shall be excused leave and shall not be charged against any
other leave such public officer, employee of this state, employee of any
county, employee of any community college, employee of any public
authority, employee of any public benefit corporation, employee of any
board of cooperative educational services (BOCES), employee of any voca-
tional 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, employee of any municipality, employee of any
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, EXCLUDING EMPLOYEES WHO DO NOT WORK YEAR ROUND OR WORK
SEASONALLY, EXCEPT IN THE CASE OF A MEDICAL EMERGENCY, is otherwise
entitled to.
S 2. Subdivisions 1 and 2 of section 159-c of the civil service law,
as amended by chapter 391 of the laws of 2008, are amended to read as
follows:
1. Every public officer, employee of this state, employee of any
county, employee of any community college, employee of any public
authority, employee of any public benefit corporation, employee of any
board of cooperative educational services (BOCES), employee of any voca-
tional 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, employee of any municipality, employee of any
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, EXCLUDING EMPLOYEES WHO DO NOT WORK YEAR ROUND OR WORK
SEASONALLY, EXCEPT IN THE CASE OF A MEDICAL EMERGENCY, shall be entitled
to absent himself and shall be deemed to have a paid leave of absence
from his duties or service as such public officer, employee of this
state, employee of any county, employee of any community college,
employee of any public authority, employee of any public benefit corpo-
ration, employee of any board of cooperative educational services
(BOCES), employee of any 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, employee of any
municipality, employee of any 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 for a sufficient period of time,
not to exceed four hours on an annual basis, to undertake a screening
for prostate cancer.
2. The entire period of the leave of absence granted pursuant to this
section shall be excused leave and shall not be charged against any
other leave such public officer, employee of this state, employee of any
county, employee of any community college, employee of any public
authority, employee of any public benefit corporation, employee of any
board of cooperative educational services (BOCES), employee of any voca-
tional education and extension board, or a school district enumerated in
A. 8460 3
section one of chapter five hundred sixty-six of the laws of nineteen
hundred sixty-seven, employee of any municipality, employee of any
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, EXCLUDING EMPLOYEES WHO DO NOT WORK YEAR ROUND OR WORK
SEASONALLY, EXCEPT IN THE CASE OF A MEDICAL EMERGENCY, is otherwise
entitled to.
S 3. This act shall take effect immediately.