S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3726--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2017
                                ___________
 
 Introduced  by  Sens.  MONTGOMERY,  COMRIE,  PERSAUD  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Civil  Service  and  Pensions -- recommitted to the Committee on Civil
   Service and Pensions in accordance with  Senate  Rule  6,  sec.  8  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the civil service law, in relation  to  use  of  accrued
   sick time, compensation time or vacation 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:
   § 159-D. PAYMENT IN LIEU OF WORKERS' COMPENSATION PAYMENTS.  1.  EVERY
 PUBLIC  OFFICER,  EMPLOYEE  OF  THIS  STATE,  COUNTY, COMMUNITY COLLEGE,
 PUBLIC AUTHORITY,  PUBLIC  BENEFIT  CORPORATION,  BOARD  OF  COOPERATIVE
 EDUCATIONAL  SERVICES (BOCES), VOCATIONAL EDUCATION AND EXTENSION BOARD,
 SCHOOL DISTRICT ENUMERATED  IN  SECTION  ONE  OF  CHAPTER  FIVE  HUNDRED
 SIXTY-SIX  OF  THE  LAWS  OF NINETEEN HUNDRED SIXTY-SEVEN, MUNICIPALITY,
 SCHOOL DISTRICT OR PARTICIPATING EMPLOYER IN  THE  NEW  YORK  STATE  AND
 LOCAL  EMPLOYEES'  RETIREMENT  SYSTEM OR A PARTICIPATING EMPLOYER IN THE
 NEW YORK STATE TEACHERS' RETIREMENT  SYSTEM  WHO  HAS  SUFFERED  A  WORK
 RELATED  INJURY SHALL BE ENTITLED TO USE ACCRUED SICK TIME, COMPENSATION
 TIME OR VACATION TIME WHERE ANY SUCH EMPLOYEE IS INJURED BUT HAS NOT YET
 BECOME COVERED UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION LAW.
   2. THE PROVISIONS OF THIS SECTION SHALL NOT  APPLY  TO  ANY  EMPLOYEES
 SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT AS OF THE EFFECTIVE DATE OF
 THIS  SECTION.  AN  EMPLOYEE  ORGANIZATION  MAY,  PURSUANT TO COLLECTIVE
 BARGAINING, OPT IN TO THE PROVISIONS OF THIS SECTION ON BEHALF OF  THOSE
 PUBLIC  EMPLOYEES  IT  IS  EITHER  CERTIFIED OR RECOGNIZED TO REPRESENT,
 WITHIN THE MEANING OF ARTICLE FOURTEEN OF THIS CHAPTER, OR MAY  ALTERNA-
 TIVELY  BARGAIN  FOR BENEFITS GREATER OR LESS THAN THOSE PROVIDED FOR BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00790-03-8

 S. 3726--A                          2
 
 THIS SECTION.  AN  EMPLOYEE  ORGANIZATION  THAT  HAS  OPTED  IN  TO  THE
 PROVISIONS  OF  THIS SECTION MAY, PURSUANT TO COLLECTIVE BARGAINING, OPT
 OUT OF IT AS IS MUTUALLY AGREED UPON BETWEEN THE  EMPLOYEE  ORGANIZATION
 AND ANY PUBLIC EMPLOYER.
   3.  NOTHING  SET  FORTH  IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE,
 INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS THAT  ACCRUE  TO  EMPLOYEES
 AND  EMPLOYERS  THROUGH  COLLECTIVE  BARGAINING AGREEMENTS, OR OTHERWISE
 DIMINISH THE INTEGRITY OF THE COLLECTIVE BARGAINING RELATIONSHIP.
   § 2. This act shall take effect immediately.