S T A T E O F N E W Y O R K
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1273
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
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Introduced by M. of A. SIMON, ORTIZ, RAIA, MOSLEY -- Multi-Sponsored by
-- M. of A. COOK, PERRY -- read once and referred to the Committee on
Governmental Employees
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
THIS SECTION. AN EMPLOYEE ORGANIZATION THAT HAS OPTED IN TO THE
PROVISIONS OF THIS SECTION MAY, PURSUANT TO COLLECTIVE BARGAINING, OPT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01509-01-9
A. 1273 2
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.