Assembly Bill A9366

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

                                  9366

                          I N  A S S E M B L Y

                             April 23, 2014
                               ___________

Introduced  by  M.  of  A. DINOWITZ, GOTTFRIED, PAULIN, COLTON, SCHIMEL,
  MOSLEY -- Multi-Sponsored by -- M. of A. CERETTO,  SKARTADOS  --  read
  once and referred to the Committee on Governmental Employees

AN  ACT  to  amend  the  civil service law, in relation to directing the
  granting of excused leave to public officers and public  employees  to
  undertake  cancer screenings; and to repeal certain provisions of such
  law relating thereto

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

  Section 1. Section 159-b of the civil service law, as amended by chap-
ter  566 of the laws of 2006, subdivisions 1 and 2 as amended by chapter
391 of the laws of 2008, is amended to read as follows:
  S 159-b. Excused leave to undertake a screening for  [breast]  cancer.
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
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 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

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

                                                           LBD14702-01-4

A. 9366                             2

participating employer in the New York state teachers' retirement system
for a sufficient period of time, not to exceed  four  hours  PER  CANCER
SCREENING  TYPE,  OR  THE  CUMULATIVE  EQUIVALENT OF TWO FULL-TIME DAYS,
WHICHEVER  IS  LESS  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
is otherwise entitled to.   PROVIDED,  HOWEVER,  THAT  AN  EMPLOYER  MAY
RESERVE THE RIGHT TO REQUIRE THAT ALL EMPLOYEES PROVIDE A WRITTEN REFER-
RAL FROM A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER.
  [3.  The provisions of this section shall not apply to any employee of
a city having a population of one million or more.]
  S 2. Section 159-c of the civil service law is REPEALED.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.