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

                                  6525

                            I N  S E N A T E

                            January 22, 2016
                               ___________

Introduced  by  Sen. SANDERS -- 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 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. 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  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 SHALL BE ENTITLED TO TRANSFER
SICK TIME TO A FELLOW  EMPLOYEE  AND  RECEIVE  SICK  TIME  FROM  ANOTHER
EMPLOYEE.  PROVIDED,  HOWEVER, THAT 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 EMERGEN-
CY.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10147-01-5


              

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

                                 6525--A

                            I N  S E N A T E

                            January 22, 2016
                               ___________

Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- reported favorably from said committee and committed to the Commit-
  tee  on  Finance  --  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  IN  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10147-04-6
              

S. 6525--A                          2

SHALL BE ENTITLED TO TRANSFER OR RECEIVE SICK TIME FROM A FELLOW EMPLOY-
EE.
  3.  IN  ORDER  TO  TRANSFER  SUCH SICK TIME THE FOLLOWING RESTRICTIONS
SHALL APPLY:
  (A) AN EMPLOYEE OF THE STATE COMMISSION SHALL  ONLY  BE  PERMITTED  TO
RECEIVE  DONATED  SICK  TIME FROM A FELLOW EMPLOYEE OF THE STATE COMMIS-
SION;
  (B) AN EMPLOYEE OF ANY MUNICIPAL COMMISSION SHALL ONLY BE PERMITTED TO
RECEIVE DONATED SICK TIME FROM A FELLOW EMPLOYEE OF THE  SAME  MUNICIPAL
COMMISSION;
  (C)  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
  (D) 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 DIMINISH THE RIGHTS,
PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE  BARGAINING
AGREEMENT OR EMPLOYMENT CONTRACT.
  S 2. This act shall take effect immediately.