senate Bill S3398

2013-2014 Legislative Session

Relates to leave for cancer screening; repealer

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to civil service and pensions
Feb 01, 2013 referred to civil service and pensions

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S3398 - Bill Details

Current Committee:
Law Section:
Civil Service Law
Laws Affected:
Amd §159-b, rpld §159-c, Civ Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4922
2009-2010: S7077

S3398 - Bill Texts

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Relates to leave for cancer screening; broadens section to include all types of cancer screening for a period of eight hours.

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BILL NUMBER:S3398

TITLE OF BILL: An act to amend the civil service law, in relation to
leave for cancer screening; and repealing certain provisions of such law
relating thereto

PURPOSE OF BILL: This bill provides New York state employees with a
maximum of eight hours of excused leave annually to obtain a screening
for cancer.

SUMMARY OF PROVISIONS: Amends section 159-b of the Civil Service Law
providing excused leave to undertake a screening for cancer. The current
law provides leave for breast cancer screening (159-b) and prostate
cancer screening (159-c).

This bill amends section 159-b to allow leave for screening for any type
of cancer. It also increases the allowed leave to a maximum of eight
fours from the current four hours.

Repeals section 159-C of the civil service law which is redundant once
this bill is adopted.

JUSTIFICATION: Early detection of cancer is critical to treatment,
survivorship and reduction of costs, but working men and women often
lack the opportunity or incentive to undertake the necessary screening.

New York State would send a powerful message in the fight against cancer
by encouraging its' employees to undertake a cancer screening. Cancer
screening benefits the public as well as the employee by helping to
avoid future medical costs.

The current law allows excused leave only for screening for breast
cancer and prostate cancer. This is not a rational limitation since
early detection and treatment can be beneficial for many types of
cancer. Also, since prostate cancer occurs exclusively among men, this
current statute creates a perception of unequal and discriminatory bene-
fits.

Finally, employees in Some cases have found it difficult to travel to a
doctor's office and complete the necessary cancer screening within the
allowed four hours, hence the reasoning for the bill's increase of
allowed leave time to eight hours.

LEGISLATIVE HISTORY: 2011: S.4922 Referred to Civil Service and
Pensions Committee 2012: S.4922 Referred to Civil Service and Pensions
Committee

FISCAL IMPLICATIONS: None. Costs of paid leave would be offset by
reduced medical expenses.

EFFECTIVE DATE: Shall take effect on the ninetieth day after it becomes
law.

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

                                  3398

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the civil service law, in relation to leave  for  cancer
  screening; and repealing certain provisions of such law relating ther-
  eto

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

  Section 1. The section heading and subdivision 1 of section  159-b  of
the  civil service law, the section heading as amended by chapter 566 of
the laws of 2006 and subdivision 1 as amended by chapter 391 of the laws
of 2008, are amended to read as follows:
  Excused leave to undertake a screening for [breast] cancer. 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 vocational education and
extension board, or a school district enumerated in section one of chap-
ter 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 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.
                                                           LBD08267-01-3

S. 3398                             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]  EIGHT  hours on an annual basis, to undertake a
screening for [breast] cancer.
  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.

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