NY State Senate Bill 2019-S3818

Senate Bill S3818

2019-2020 Legislative Session

Relates to sick leave for officers and employees with a qualifying World Trade Center condition

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Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to local government
Mar 04, 2019	reported and committed to finance
Feb 15, 2019	referred to local government

Votes

- Mar 4, 2019 - Local Government Committee Vote
  S3818
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: Mar 4, 2019
      
      aye (7)
      
      Amedore
      
      Brooks
      
      Gaughran
      
      Harckham
      
      Metzger
      
      Ritchie
      
      Skoufis

co-Sponsors

2019-S3818 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §92-d, Gen Muni L; amd §2, Chap 273 of 2017

2019-S3818 (ACTIVE) - Summary

Relates to sick leave for officers and employees with a qualifying World Trade Center condition.

2019-S3818 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3818

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the general municipal law and to amend
chapter 273 of the laws of 2017 amending the general municipal law
relating to granting sick leave for officers and employees with the
qualifying World Trade Center condition, in relation to sick leave for
officers and employees with a qualifying World Trade Center condition

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill makes some technical corrections to Chapter 273 of the Laws of
2017 and protects employees who use line of duty sick leave from employ-
er retaliation.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends General Municipal Law section 92-d to
make technical corrections and create 3 subdivisions. The current stat-
ute, as amended, is subdivision (a). New subdivision (b) prohibits
employers from taking "an adverse personnel action against an employee

who utilizes or requests to utilize any type of available leave, includ-
ing line of duty sick leave provided by this section, due to a qualify-
ing World Trade Center condition." New subdivision (c) defines an
"adverse personnel action" to be "any discipline including issuing a
notice of discipline, discharge, suspension, demotion, penalization, or
discrimination against an employee utilizing line of duty sick leave
pursuant to subdivision (a) of this section."

Section two of this bill provides a technical amendment to Chapter 273
of the Laws of 2017 by correcting the reimbursement to municipal corpo-
rations from municipal corporations with a population of less than a
million to municipal corporations with a population of a million or
more.

Section three of this bill provides that this act shall take effect
immediately and shall be deemed to have been in full force and effect on
the same date as chapter 273 of the laws of 2017, took effect; and
provided that this act shall apply to all claims for reimbursement filed
pursuant to section 92-d of the general municipal law, as amended by
this act.

 
EXISTING LAW:

Currently, only municipalities with a population of less than a million
will be reimbursed for line of duty sick leave. Additionally, employers
are not prohibited from retaliating against employees who use, or
request to use, leave due to a qualifying World Trade Center Condition.

 
JUSTIFICATION:

In 2017, the Legislature took action to help public employees vt -ti ere
there for New York in its darkest hours. These public employees who
helped with World Trade Center rescue, recovery and cleanup efforts put
aside their personal safety to help us in the wake of the World Trade
Center attack. For the brave first responders who are still employed by
the State, a public authority, or a municipality and are now suffering
from a qualified World Trade Center condition, the Legislature created
line of duty sick leave so that they can receive the medical attention
that they need without having to worry about having enough leave for
their medical appointments.  Unfortunately, many of our World Trade
Center first responders are either not receiving line of duty sick leave
or being retaliated against for using line of duty sick leave. This bill
prohibits employers from retaliating against employees who either use or
request to use line of duty sick leave.  We owe these brave first
responders a debt of gratitude. Their employers should not be denying
their requests to use World Trade Center sick leave and they certainly
should not be taking an adverse personnel action against any first
responder who requests to use or utilizes line of duty sick leave. This
bill will help to ensure that employers act properly toward our World
Trade Center first responders.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on the same date as chapter 273 of the laws of
2017, took effect; and provided that this act shall apply to all claims
for reimbursement filed pursuant to section 92-d of the general munici-
pal law, as amended by this act.

2019-S3818 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3818
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2019
                                ___________
 
 Introduced by Sens. GOUNARDES, KAMINSKY -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Local Govern-
   ment
 
 AN  ACT  to  amend the general municipal law and to amend chapter 273 of
   the laws of 2017 amending the general municipal law relating to grant-
   ing sick leave for officers and employees with  the  qualifying  World
   Trade  Center  condition,  in  relation to sick leave for officers and
   employees with a qualifying World Trade Center condition
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  92-d  of  the general municipal law, as added by
 chapter 273 of the laws of 2017, is amended to read as follows:
   § 92-d. Sick leave for officers and employees with a qualifying  World
 Trade Center condition. (A) Notwithstanding any other law, rule or regu-
 lation  to  the  contrary, officers and employees of the state, a public
 authority or any municipal corporation outside of a city  with  a  popu-
 lation  of  one  million  or more who filed a notice of participation in
 World Trade Center rescue, recovery or  cleanup  operations  and  subse-
 quently develop a qualifying World Trade Center condition, as defined in
 section  two  of the retirement and social security law, [while employed
 by the state, a public authority or such municipal corporation or public
 authority] shall be granted line of duty sick leave  commencing  on  the
 date  that  such  employee  was  diagnosed with a qualifying World Trade
 Center condition regardless of whether  such  officer  or  employee  was
 employed by his or her current employer at the time that such officer or
 employee  participated in World Trade Center rescue, recovery or cleanup
 operations. The officer or employee shall be compensated at his  or  her
 regular  rate of pay for those regular work hours during which the offi-
 cer or employee is absent from work DUE TO HIS OR HER  QUALIFYING  WORLD
 TRADE  CENTER CONDITION. Such leave shall be provided without loss of an
 officer or employee's accrued sick leave.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09970-01-9

 S. 3818                             2
 
   (B) A PUBLIC EMPLOYER SHALL NOT  TAKE  ANY  ADVERSE  PERSONNEL  ACTION
 AGAINST  A  PUBLIC  EMPLOYEE REGARDING THE EMPLOYEE'S EMPLOYMENT BECAUSE
 EITHER (1) THE EMPLOYEE UTILIZES, OR REQUESTS TO UTILIZE, SICK LEAVE  OR
 ANY  OTHER AVAILABLE LEAVE DUE TO A QUALIFYING WORLD TRADE CENTER CONDI-
 TION,  AS  SUCH  TERM  IS  DEFINED  IN SECTION TWO OF THE RETIREMENT AND
 SOCIAL SECURITY LAW, OR (2) THE EMPLOYEE UTILIZES OR REQUESTS TO UTILIZE
 LINE OF DUTY SICK LEAVE PROVIDED BY THIS SECTION.
   (C) FOR PURPOSES OF THIS SECTION, AN "ADVERSE PERSONNEL ACTION"  MEANS
 ANY  DISCIPLINE,  INCLUDING  ISSUING  A NOTICE OF DISCIPLINE, DISCHARGE,
 SUSPENSION, DEMOTION, PENALIZATION, OR DISCRIMINATION AGAINST AN EMPLOY-
 EE UTILIZING LINE OF DUTY SICK LEAVE PURSUANT TO SUBDIVISION (A) OF THIS
 SECTION.
   § 2. Section 2 of chapter 273 of the laws of 2017, amending the gener-
 al municipal law relating  to  granting  sick  leave  for  officers  and
 employees  with a qualifying World Trade Center condition, is amended to
 read as follows:
   § 2. The state shall  reimburse  any  public  authority  or  municipal
 corporation  [of  less  than] OTHER THAN A CITY WITH A POPULATION OF one
 million people for the cost of any line duty sick leave granted pursuant
 to this act.
   § 3. This act shall take effect immediately and  shall  be  deemed  to
 have  been  in  full force and effect on the same date as chapter 273 of
 the laws of 2017, took effect; and provided that this act shall apply to
 all claims for reimbursement filed  pursuant  to  section  92-d  of  the
 general municipal law, as amended by this act.

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Senate Bill S3818

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Sponsored By

Andrew Gounardes