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

                                10012--A

                          I N  A S S E M B L Y

                               May 4, 2016
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on  Governmental  Employees  --  committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the civil service law, in relation to transfer  of  sick
  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:
  S  159-D.  TRANSFER OF SICK TIME. 1. FOR PURPOSES OF THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "DONOR" SHALL MEAN AN INDIVIDUAL WHO DONATES SICK TIME TO A FELLOW
EMPLOYEE;
  (B) "RECIPIENT" SHALL MEAN AN INDIVIDUAL  WHO  RECEIVES  DONATED  SICK
TIME FROM A FELLOW EMPLOYEE;
  (C)  "FELLOW  EMPLOYEE"  SHALL  MEAN  AN INDIVIDUAL EMPLOYED UNDER THE
JURISDICTION OF THE SAME CIVIL SERVICE COMMISSION AS ANOTHER;
  (D) "STATE COMMISSION" SHALL HAVE  THE  SAME  MEANING  AS  DEFINED  IN
SUBDIVISION ONE OF SECTION TWO OF THIS CHAPTER; AND
  (E)  "MUNICIPAL  COMMISSION" SHALL HAVE THE SAME MEANING AS DEFINED IN
SUBDIVISION FOUR OF SECTION TWO OF THIS CHAPTER.
  2. 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 TRANSFER OR RECEIVE SICK TIME FROM A FELLOW EMPLOY-
EE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10147-10-6
              

A. 10012--A                         2

  3.  IN  ORDER  TO  TRANSFER  SUCH SICK TIME THE FOLLOWING RESTRICTIONS
SHALL APPLY:
  (A)  AN  EMPLOYEE UNDER THE JURISDICTION OF THE STATE COMMISSION SHALL
ONLY BE PERMITTED TO RECEIVE DONATED SICK TIME FROM  A  FELLOW  EMPLOYEE
UNDER THE JURISDICTION OF THE STATE COMMISSION;
  (B)  AN  EMPLOYEE  UNDER  THE JURISDICTION OF ANY MUNICIPAL COMMISSION
SHALL ONLY BE PERMITTED TO RECEIVE  DONATED  SICK  TIME  FROM  A  FELLOW
EMPLOYEE UNDER THE JURISDICTION OF THE SAME MUNICIPAL COMMISSION;
  (C) AN EMPLOYEE UNDER THE JURISDICTION OF A SCHOOL DISTRICT SHALL ONLY
BE  PERMITTED  TO RECEIVE DONATED SICK TIME FROM A FELLOW EMPLOYEE UNDER
THE JURISDICTION OF THE SAME SCHOOL DISTRICT;
  (D) A RECIPIENT SHALL ONLY BE PERMITTED TO  RECEIVE  AND  USE  DONATED
SICK  TIME  FROM  A  FELLOW EMPLOYEE IF SUCH RECIPIENT HAS EXHAUSTED ALL
PERSONAL SICK TIME. PERSONAL SICK TIME SHALL BE DEEMED EXHAUSTED WHEN AN
EMPLOYEE HAS A BALANCE OF ZERO HOURS OR LESS THAN THE  NUMBER  OF  HOURS
NECESSARY TO COMPLETE APPROVED SICK LEAVE; AND
  (E)  AN  EMPLOYER  MAY  RESERVE  THE  RIGHT  TO REQUIRE THAT EMPLOYEES
PROVIDE A WRITTEN REFERRAL FROM A PHYSICIAN  OR  OTHER  DULY  AUTHORIZED
HEALTH  CARE PROVIDER OR PROOF OF FAMILIAL EMERGENCY FOR SUCH SICK LEAVE
TO BE APPROVED.
  4. NOTHING IN THIS SECTION SHALL BE DEEMED TO  SUPERSEDE  OR  DIMINISH
THE  TERMS,  RIGHTS,  PRIVILEGES,  OR REMEDIES OF ANY EMPLOYEE UNDER ANY
COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT CONTRACT.
  S 2. This act shall take effect immediately.