senate Bill S7160

2013-2014 Legislative Session

Grants excused leave to public officers, employees of the state, county, municipality or school district to undertake screening for cancer; 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
Jun 20, 2014 committed to rules
Jun 02, 2014 advanced to third reading
May 29, 2014 2nd report cal.
May 28, 2014 1st report cal.992
May 01, 2014 referred to civil service and pensions

Votes

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May 28, 2014 - Civil Service and Pensions committee Vote

S7160
8
1
committee
8
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Civil Service and Pensions Committee Vote: May 28, 2014

nay (1)
aye wr (2)

Co-Sponsors

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S7160 - Bill Details

See Assembly Version of this Bill:
A9366
Current Committee:
Law Section:
Civil Service Law
Laws Affected:
Amd §159-b, rpld §159-c, Civ Serv L

S7160 - Bill Texts

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Grants excused leave to public officers, employees of the state, county, municipality or school district to undertake screening for cancer.

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BILL NUMBER:S7160

TITLE OF BILL: 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

PURPOSE:

The purpose of this legislation is to encourage people to be screened
regularly for all types of cancer by providing time off from work,
thereby increasing the number of cancers caught at an early stage and
improving public health.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Section 159-b of the Civil Service Law to
entitle any employee of the state, any county, municipality, school
district, community college, public authorities public benefit
corporations, any board of cooperative educational services (BOCES),
vocational education and extension board, participating employers in
the New York state and local employees' retirement system, or of a
participating employer in the New York state teachers' retirement
system to have a paid leave of absence from his or her duties or
service 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 annual basis, to undertake a screening for
cancer. It also provides that an employer may reserve the right to
require all employees provide a written referral from a physician or
other duty authorized health care provider.

Section 2 repeals Section 159-c of the Civil Service Law Section 3
sets the effective date.

JUSTIFICATION:

Cancer, in all its forms, is one the most deadly diseases that human
beings face today. There are over 200 types of cancer, which can
affect 60 organs throughout the human body. In 2012, cancer caused 8.2
million deaths worldwide. In 2013 in New York State alone, 34,240 New
Yorkers lost their lives to 10 different types of cancer, such as
brain, breast, colon, rectum, and liver cancers to name a few. The
chances for survival and the effective treatment of cancer are much
higher when cancers are detected at early stages. It is important that
employees are provided with the necessary time in order to receive
proper screenings for cancer.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

To be determined by state and local governments. However, preventative
cancer screening can detect problems in their early stages and prevent
more serious medical conditions which have an adverse effect on
workers productivity, whereby increasing overall costs to the state.


EFFECTIVE DATE::

Ninetieth day after it becomes 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.

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

                                  7160

                            I N  S E N A T E

                               May 1, 2014
                               ___________

Introduced  by  Sen.  HANNON -- 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  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
participating employer in the New York state teachers' retirement system

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14702-01-4

S. 7160                             2

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.

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