S T A T E O F N E W Y O R K
________________________________________________________________________
10779
I N A S S E M B L Y
May 18, 2018
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the civil service law and the administrative code of the
city of New York, in relation to the rights and working conditions of
emergency medical technicians employed by the New York city fire
department
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
215 to read as follows:
§ 215. EMERGENCY MEDICAL TECHNICIANS RIGHTS AND WORKING CONDITIONS.
1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS UNLESS OTHERWISE SPECIFIED:
(A) "EMERGENCY MEDICAL TECHNICIAN" SHALL MEAN A PERSON EMPLOYED BY THE
FIRE DEPARTMENT OF THE CITY OF NEW YORK IN A TITLE WHOSE DUTIES ARE
THOSE OF AN EMERGENCY MEDICAL TECHNICIAN OR ADVANCED EMERGENCY MEDICAL
TECHNICIAN, AS THOSE TERMS ARE DEFINED IN SECTION THREE THOUSAND ONE OF
THE PUBLIC HEALTH LAW, OR WHOSE DUTIES REQUIRE THE DIRECT SUPERVISION OF
SUCH EMPLOYEES WHOSE DUTIES ARE THOSE OF AN EMERGENCY MEDICAL TECHNICIAN
OR ADVANCED EMERGENCY MEDICAL TECHNICIAN.
(B) "DEPARTMENT" SHALL MEAN THE FIRE DEPARTMENT OF THE CITY OF NEW
YORK.
2. (A) AN EMERGENCY MEDICAL TECHNICIAN ENGAGED IN PREHOSPITAL EMERGEN-
CY MEDICAL SERVICES WHOSE SCHEDULED SHIFT OR HOURS WORKED IS AT LEAST
FOUR HOURS SHALL BE AUTHORIZED AND PERMITTED TO TAKE REST PERIODS THAT,
TO THE EXTENT PRACTICABLE, SHALL BE IN THE MIDDLE OF EACH WORK PERIOD.
THE DURATION OF SUCH AUTHORIZED REST PERIODS SHALL BE BASED ON THE TOTAL
HOURS WORKED DAILY AT THE RATE OF TEN MINUTES REST TIME FOR EVERY FOUR
HOURS WORKED. A REST PERIOD IS NOT REQUIRED FOR AN EMERGENCY MEDICAL
TECHNICIAN WHOSE TOTAL DAILY WORK TIME IS LESS THAN FOUR HOURS. AUTHOR-
IZED REST PERIOD TIME SHALL BE COUNTED AS HOURS WORKED FOR WHICH THERE
SHALL BE NO DEDUCTION FROM WAGES.
(B) DURING THE AUTHORIZED REST PERIOD PROVIDED FOR IN THIS SUBDIVI-
SION, AN EMERGENCY MEDICAL TECHNICIAN SHALL BE RELIEVED OF ALL DUTIES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15786-01-8
A. 10779 2
AND THE DEPARTMENT SHALL RELINQUISH CONTROL OVER THE USE OF SUCH TIME BY
SUCH EMERGENCY MEDICAL TECHNICIAN; PROVIDED, HOWEVER, THAT AN EMERGENCY
MEDICAL TECHNICIAN MAY BE REQUIRED TO MONITOR PAGERS, RADIOS, STATION
ALERT BOXES, INTERCOMS, CELLULAR TELEPHONES, OR OTHER COMMUNICATION
METHODS DURING SUCH TIME.
(C) (I) THE DEPARTMENT MAY INTERRUPT A REST PERIOD AND REQUIRE AN
EMERGENCY MEDICAL TECHNICIAN TO TERMINATE HIS OR HER REST PERIOD AND
RESUME WORK IN THE EVENT OF AN UNFORESEEABLE NATURAL OR MAN-MADE DISAS-
TER.
(II) IN THE EVENT THAT A REST PERIOD IS INTERRUPTED PURSUANT TO
SUBPARAGRAPH (I) OF THIS PARAGRAPH OR NOT PROVIDED TO AN EMERGENCY
MEDICAL TECHNICIAN FOR ANY OTHER REASON, SUCH EMERGENCY MEDICAL TECHNI-
CIAN SHALL BE PAID ONE HOUR OF PAY AT HIS OR HER REGULAR RATE OF COMPEN-
SATION FOR EACH WORKDAY DURING WHICH A REST PERIOD IS INTERRUPTED OR NOT
PROVIDED, AND SHALL BE PROVIDED WITH AN EQUIVALENT REST PERIOD AS SOON
AS PRACTICABLE THEREAFTER DURING SUCH EMERGENCY MEDICAL TECHNICIAN'S
SHIFT.
(III) AT THE END OF EACH PAY PERIOD, AN EMERGENCY MEDICAL TECHNICIAN
SHALL BE FURNISHED WITH AN ITEMIZED STATEMENT OF THE TOTAL HOURS PAID OR
OWED DUE TO AN INTERRUPTED REST PERIOD OR REST PERIOD THAT WAS NOT
PROVIDED IN ACCORDANCE WITH THIS PARAGRAPH. THIS STATEMENT MAY BE
INCLUDED AS PART OF THE PAYROLL STATEMENT ISSUED FOR THE PAY PERIOD.
3. (A) AN EMERGENCY MEDICAL TECHNICIAN ENGAGED IN PREHOSPITAL EMERGEN-
CY MEDICAL SERVICES FOR A WORK PERIOD OF MORE THAN FIVE HOURS PER DAY
SHALL BE PROVIDED A MEAL PERIOD OF NOT LESS THAN THIRTY MINUTES, EXCEPT
THAT IF THE TOTAL WORK PERIOD PER DAY OF THE EMPLOYEE IS NO MORE THAN
SIX HOURS, THE MEAL PERIOD MAY BE WAIVED BY MUTUAL CONSENT OF BOTH THE
DEPARTMENT AND THE COLLECTIVE BARGAINING REPRESENTATIVE OF THE EMERGENCY
MEDICAL TECHNICIAN.
(B) DURING THE MEAL PERIOD PROVIDED FOR IN THIS SUBDIVISION, AN EMER-
GENCY MEDICAL TECHNICIAN SHALL BE RELIEVED OF ALL DUTIES AND THE DEPART-
MENT SHALL RELINQUISH CONTROL OVER THE USE OF SUCH TIME BY SUCH EMERGEN-
CY MEDICAL TECHNICIAN, EXCEPT THAT AN EMERGENCY MEDICAL TECHNICIAN MAY
BE REQUIRED TO MONITOR PAGERS, RADIOS, STATION ALERT BOXES, INTERCOMS,
CELLULAR TELEPHONES, OR OTHER COMMUNICATION METHODS DURING SUCH TIME.
(C) (I) THE DEPARTMENT MAY INTERRUPT A MEAL PERIOD AND REQUIRE AN
EMERGENCY MEDICAL TECHNICIAN TO TERMINATE THE MEAL PERIOD AND RESUME
WORK IN THE EVENT OF AN UNFORESEEABLE NATURAL OR MAN-MADE DISASTER.
(II) IN THE EVENT THAT A MEAL PERIOD IS INTERRUPTED PURSUANT TO
SUBPARAGRAPH (I) OF THIS PARAGRAPH OR NOT PROVIDED TO AN EMERGENCY
MEDICAL TECHNICIAN FOR ANY OTHER REASON, SUCH EMERGENCY MEDICAL TECHNI-
CIAN SHALL BE PAID ONE HOUR OF PAY AT HIS OR HER REGULAR RATE OF COMPEN-
SATION FOR EACH WORKDAY DURING WHICH THE MEAL PERIOD IS INTERRUPTED OR
NOT PROVIDED AS SCHEDULED, AND SHALL BE PROVIDED WITH AN EQUIVALENT MEAL
PERIOD AS SOON AS PRACTICABLE THEREAFTER DURING SUCH EMERGENCY MEDICAL
TECHNICIAN'S SHIFT.
(III) AT THE END OF EACH PAY PERIOD, AN EMERGENCY MEDICAL TECHNICIAN
SHALL BE FURNISHED WITH AN ITEMIZED STATEMENT OF THE TOTAL HOURS PAID OR
OWED DUE TO AN INTERRUPTED MEAL PERIOD OR A MEAL PERIOD THAT WAS NOT
PROVIDED IN ACCORDANCE WITH THIS PARAGRAPH. THIS STATEMENT MAY BE
INCLUDED AS PART OF THE PAYROLL STATEMENT ISSUED FOR THE PAY PERIOD.
4. AN EMERGENCY MEDICAL TECHNICIAN WHO, FOR PURPOSES OF AWAITING
DISPATCH, IS STATIONED AT A LOCATION WITHIN ONE THOUSAND FEET OF A FIRE-
HOUSE IN USE BY THE DEPARTMENT MAY CHOOSE THE FIREHOUSE AS AN ALTERNATE
LOCATION FOR PERFORMING HIS OR HER DUTIES WHILE AWAITING DISPATCH.
A. 10779 3
§ 2. The administrative code of the city of New York is amended by
adding a new section 12-140 to read as follows:
§ 12-140 EMERGENCY MEDICAL TECHNICIANS RIGHTS AND WORKING CONDITIONS.
A. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS UNLESS OTHERWISE SPECIFIED:
(1) "EMERGENCY MEDICAL TECHNICIAN" SHALL MEAN A PERSON EMPLOYED BY THE
FIRE DEPARTMENT OF THE CITY OF NEW YORK IN A TITLE WHOSE DUTIES ARE
THOSE OF AN EMERGENCY MEDICAL TECHNICIAN OR ADVANCED EMERGENCY MEDICAL
TECHNICIAN, AS THOSE TERMS ARE DEFINED IN SECTION THREE THOUSAND ONE OF
THE PUBLIC HEALTH LAW, OR WHOSE DUTIES REQUIRE THE DIRECT SUPERVISION OF
SUCH EMPLOYEES WHOSE DUTIES ARE THOSE OF AN EMERGENCY MEDICAL TECHNICIAN
OR ADVANCED EMERGENCY MEDICAL TECHNICIAN.
(2) "DEPARTMENT" SHALL MEAN THE FIRE DEPARTMENT OF THE CITY OF NEW
YORK.
B. (1) AN EMERGENCY MEDICAL TECHNICIAN ENGAGED IN PREHOSPITAL EMERGEN-
CY MEDICAL SERVICES WHOSE SCHEDULED SHIFT OR HOURS WORKED IS AT LEAST
FOUR HOURS SHALL BE AUTHORIZED AND PERMITTED TO TAKE REST PERIODS THAT,
TO THE EXTENT PRACTICABLE, SHALL BE IN THE MIDDLE OF EACH WORK PERIOD.
THE DURATION OF SUCH AUTHORIZED REST PERIODS SHALL BE BASED ON THE TOTAL
HOURS WORKED DAILY AT THE RATE OF TEN MINUTES REST TIME FOR EVERY FOUR
HOURS WORKED. A REST PERIOD IS NOT REQUIRED FOR AN EMERGENCY MEDICAL
TECHNICIAN WHOSE TOTAL DAILY WORK TIME IS LESS THAN FOUR HOURS. AUTHOR-
IZED REST PERIOD TIME SHALL BE COUNTED AS HOURS WORKED FOR WHICH THERE
SHALL BE NO DEDUCTION FROM WAGES.
(2) DURING THE AUTHORIZED REST PERIOD PROVIDED FOR IN THIS SUBDIVI-
SION, AN EMERGENCY MEDICAL TECHNICIAN SHALL BE RELIEVED OF ALL DUTIES
AND THE DEPARTMENT SHALL RELINQUISH CONTROL OVER THE USE OF SUCH TIME BY
SUCH EMERGENCY MEDICAL TECHNICIAN, PROVIDED, HOWEVER, THAT AN EMERGENCY
MEDICAL TECHNICIAN MAY BE REQUIRED TO MONITOR PAGERS, RADIOS, STATION
ALERT BOXES, INTERCOMS, CELLULAR TELEPHONES, OR OTHER COMMUNICATION
METHODS DURING SUCH TIME.
(3) (I) THE DEPARTMENT MAY INTERRUPT A REST PERIOD AND REQUIRE AN
EMERGENCY MEDICAL TECHNICIAN TO TERMINATE HIS OR HER REST PERIOD AND
RESUME WORK IN THE EVENT OF AN UNFORESEEABLE NATURAL OR MAN-MADE DISAS-
TER.
(II) IN THE EVENT THAT A REST PERIOD IS INTERRUPTED PURSUANT TO
SUBPARAGRAPH (I) OF THIS PARAGRAPH OR NOT PROVIDED TO AN EMERGENCY
MEDICAL TECHNICIAN FOR ANY OTHER REASON, SUCH EMERGENCY MEDICAL TECHNI-
CIAN SHALL BE PAID ONE HOUR OF PAY AT HIS OR HER REGULAR RATE OF COMPEN-
SATION FOR EACH WORKDAY DURING WHICH A REST PERIOD IS INTERRUPTED OR NOT
PROVIDED, AND SHALL BE PROVIDED WITH AN EQUIVALENT REST PERIOD AS SOON
AS PRACTICABLE THEREAFTER DURING SUCH EMERGENCY MEDICAL TECHNICIAN'S
SHIFT.
(III) AT THE END OF EACH PAY PERIOD, AN EMERGENCY MEDICAL TECHNICIAN
SHALL BE FURNISHED WITH AN ITEMIZED STATEMENT OF THE TOTAL HOURS PAID OR
OWED DUE TO AN INTERRUPTED REST PERIOD OR REST PERIOD THAT WAS NOT
PROVIDED IN ACCORDANCE WITH THIS PARAGRAPH. THIS STATEMENT MAY BE
INCLUDED AS PART OF THE PAYROLL STATEMENT ISSUED FOR THE PAY PERIOD.
C. (1) AN EMERGENCY MEDICAL TECHNICIAN ENGAGED IN PREHOSPITAL EMERGEN-
CY MEDICAL SERVICES FOR A WORK PERIOD OF MORE THAN FIVE HOURS PER DAY
SHALL BE PROVIDED A MEAL PERIOD OF NOT LESS THAN THIRTY MINUTES, EXCEPT
THAT IF THE TOTAL WORK PERIOD PER DAY OF THE EMPLOYEE IS NO MORE THAN
SIX HOURS, THE MEAL PERIOD MAY BE WAIVED BY MUTUAL CONSENT OF BOTH THE
DEPARTMENT AND THE COLLECTIVE BARGAINING REPRESENTATIVE OF THE EMERGENCY
MEDICAL TECHNICIAN.
A. 10779 4
(2) DURING THE MEAL PERIOD PROVIDED FOR IN THIS SUBDIVISION, AN EMER-
GENCY MEDICAL TECHNICIAN SHALL BE RELIEVED OF ALL DUTIES AND THE DEPART-
MENT SHALL RELINQUISH CONTROL OVER THE USE OF SUCH TIME BY SUCH EMERGEN-
CY MEDICAL TECHNICIAN, EXCEPT THAT AN EMERGENCY MEDICAL TECHNICIAN MAY
BE REQUIRED TO MONITOR PAGERS, RADIOS, STATION ALERT BOXES, INTERCOMS,
CELLULAR TELEPHONES, OR OTHER COMMUNICATION METHODS DURING SUCH TIME.
(3) (I) THE DEPARTMENT MAY INTERRUPT A MEAL PERIOD AND REQUIRE AN
EMERGENCY MEDICAL TECHNICIAN TO TERMINATE THE MEAL PERIOD AND RESUME
WORK IN THE EVENT OF AN UNFORESEEABLE NATURAL OR MAN-MADE DISASTER.
(II) IN THE EVENT THAT A MEAL PERIOD IS INTERRUPTED PURSUANT TO
SUBPARAGRAPH (I) OF THIS PARAGRAPH OR NOT PROVIDED TO AN EMERGENCY
MEDICAL TECHNICIAN FOR ANY OTHER REASON, SUCH EMERGENCY MEDICAL TECHNI-
CIAN SHALL BE PAID ONE HOUR OF PAY AT HIS OR HER REGULAR RATE OF COMPEN-
SATION FOR EACH WORKDAY DURING WHICH THE MEAL PERIOD IS INTERRUPTED OR
NOT PROVIDED AS SCHEDULED, AND SHALL BE PROVIDED WITH AN EQUIVALENT MEAL
PERIOD AS SOON AS PRACTICABLE THEREAFTER DURING SUCH EMERGENCY MEDICAL
TECHNICIAN'S SHIFT.
(III) AT THE END OF EACH PAY PERIOD, AN EMERGENCY MEDICAL TECHNICIAN
SHALL BE FURNISHED WITH AN ITEMIZED STATEMENT OF THE TOTAL HOURS PAID OR
OWED DUE TO AN INTERRUPTED MEAL PERIOD OR A MEAL PERIOD THAT WAS NOT
PROVIDED IN ACCORDANCE WITH THIS PARAGRAPH. THIS STATEMENT MAY BE
INCLUDED AS PART OF THE PAYROLL STATEMENT ISSUED FOR THE PAY PERIOD.
D. AN EMERGENCY MEDICAL TECHNICIAN WHO, FOR PURPOSES OF AWAITING
DISPATCH, IS STATIONED AT A LOCATION WITHIN ONE THOUSAND FEET OF A FIRE-
HOUSE IN USE BY THE DEPARTMENT MAY CHOOSE THE FIREHOUSE AS AN ALTERNATE
LOCATION FOR PERFORMING HIS OR HER DUTIES WHILE AWAITING DISPATCH.
§ 3. This act shall take effect immediately.