S T A T E O F N E W Y O R K
________________________________________________________________________
8456
I N S E N A T E
June 3, 2020
___________
Introduced by Sen. SANDERS -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to amend the general municipal law, in relation to line of duty
sick leave for first responders due to a pandemic virus
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general municipal law is amended by adding a new
section 92-e to read as follows:
§ 92-E. SICK LEAVE FOR OFFICERS AND EMPLOYEES DUE TO A PANDEMIC VIRUS.
1.(A) NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
ANY POLICE OFFICER AS DEFINED BY SUBDIVISION THIRTY-FOUR OF SECTION 1.20
OF THE CRIMINAL PROCEDURE LAW, MEMBER OF AN ORGANIZED FIRE COMPANY OR
FIRE DEPARTMENT OF A CITY, TOWN, VILLAGE OR FIRE DISTRICT, EMERGENCY
MEDICAL TECHNICIAN OR ADVANCED EMERGENCY MEDICAL TECHNICIAN AS SUCH
TERMS ARE DEFINED BY SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH
LAW, OR PARAMEDIC WHO WAS EXPOSED OR CAME INTO CONTACT WITH A PANDEMIC
VIRUS AND SUCH INDIVIDUAL TESTS POSITIVE FOR, OR DISPLAYS SYMPTOMS OF,
SUCH PANDEMIC VIRUS, SHALL, AFTER SUBMITTING TO HIS OR HER EMPLOYER A
WRITTEN REQUEST FOR LINE OF DUTY SICK LEAVE, BE GRANTED LINE OF DUTY
SICK LEAVE COMMENCING ON THE DATE THAT SUCH EMPLOYEE WAS DIAGNOSED WITH
OR BEGAN DISPLAYING SYMPTOMS OF THE PANDEMIC VIRUS. SUCH OFFICER OR
EMPLOYEE SHALL BE COMPENSATED AT HIS OR HER REGULAR RATE OF PAY FOR
THOSE REGULAR WORK HOURS DURING WHICH SUCH OFFICER OR EMPLOYEE IS ABSENT
FROM WORK DUE TO HIS OR HER DIAGNOSIS OR SYMPTOMS OF A PANDEMIC VIRUS.
SUCH LEAVE SHALL BE PROVIDED WITHOUT LOSS OF AN OFFICER OR EMPLOYEE'S
ACCRUED SICK LEAVE.
(B) AN EMPLOYER SHALL NOT TAKE ANY ADVERSE PERSONNEL ACTION AGAINST AN
EMPLOYEE REGARDING SUCH EMPLOYEE'S EMPLOYMENT BECAUSE EITHER (I) SUCH
EMPLOYEE UTILIZES, OR REQUESTS TO UTILIZE, SICK LEAVE OR ANY OTHER
AVAILABLE LEAVE DUE TO A PANDEMIC VIRUS, OR (II) SUCH EMPLOYEE UTILIZES
OR REQUESTS TO UTILIZE LINE OF DUTY SICK LEAVE PROVIDED BY THIS SECTION.
2. (A) NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE
CONTRARY, ANY POLICE OFFICER AS DEFINED BY SUBDIVISION THIRTY-FOUR OF
SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, MEMBER OF AN ORGANIZED FIRE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16131-02-0
S. 8456 2
COMPANY OR FIRE DEPARTMENT OF A CITY, TOWN, VILLAGE OR FIRE DISTRICT,
EMERGENCY MEDICAL TECHNICIAN OR ADVANCED EMERGENCY MEDICAL TECHNICIAN AS
SUCH TERMS ARE DEFINED BY SECTION THREE THOUSAND ONE OF THE PUBLIC
HEALTH LAW, OR PARAMEDIC, WHO DO NOT RECEIVE BENEFITS SIMILAR TO THOSE
PROVIDED BY THIS SECTION PURSUANT TO A COLLECTIVELY BARGAINED AGREEMENT,
SECTION 14-122.1 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK,
SECTION 15-108.1 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, OR
OTHER STATUTORY PROVISION AND WHO WAS EXPOSED OR CAME INTO CONTACT WITH
A PANDEMIC VIRUS AND SUCH INDIVIDUAL TESTS POSITIVE FOR OR DISPLAYS
SYMPTOMS OF SUCH PANDEMIC VIRUS, SHALL, AFTER SUBMITTING TO HIS OR HER
EMPLOYER A WRITTEN REQUEST FOR LINE OF DUTY SICK LEAVE, BE GRANTED LINE
OF DUTY SICK LEAVE COMMENCING ON THE DATE THAT SUCH EMPLOYEE WAS DIAG-
NOSED WITH OR BEGAN DISPLAYING SYMPTOMS OF THE PANDEMIC VIRUS. SUCH
OFFICER OR EMPLOYEE SHALL BE COMPENSATED AT HIS OR HER REGULAR RATE OF
PAY FOR THOSE REGULAR WORK HOURS DURING WHICH SUCH OFFICER OR EMPLOYEE
IS ABSENT FROM WORK DUE TO HIS OR HER DIAGNOSIS OR SYMPTOMS OF A PANDEM-
IC VIRUS. SUCH LEAVE SHALL BE PROVIDED WITHOUT LOSS OF AN OFFICER OR
EMPLOYEE'S ACCRUED SICK LEAVE.
(B) AN EMPLOYER SHALL NOT TAKE ANY ADVERSE PERSONNEL ACTION AGAINST AN
EMPLOYEE REGARDING SUCH EMPLOYEE'S EMPLOYMENT BECAUSE EITHER (I) SUCH
EMPLOYEE UTILIZES, OR REQUESTS TO UTILIZE, SICK LEAVE OR ANY OTHER
AVAILABLE LEAVE DUE TO A PANDEMIC VIRUS, OR (II) SUCH EMPLOYEE UTILIZES
OR REQUESTS TO UTILIZE LINE OF DUTY SICK LEAVE PROVIDED BY THIS SECTION.
3. NOTHING IN THIS SECTION SHALL LIMIT AN EMPLOYER'S POWER PURSUANT TO
ANY OTHER PROVISION OF LAW TO DISCIPLINE AN OFFICER OR EMPLOYEE BY
TERMINATION, REDUCTION OF SALARY, OR ANY OTHER APPROPRIATE MEASURE; TO
TERMINATE AN APPOINTEE WHO HAS NOT COMPLETED HIS OR HER PROBATIONARY
TERM; AND TO APPLY FOR ORDINARY OR ACCIDENT DISABILITY RETIREMENT FOR AN
OFFICER OR EMPLOYEE.
4. A REQUEST FOR LINE OF DUTY SICK LEAVE SHALL BE IN WRITING AND
INCLUDE A WAIVER OF THE PROTECTION AFFORDED TO THE OFFICER OR EMPLOYEE
PURSUANT TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT TO
ALLOW DISCLOSURE OF THE OFFICERS OR EMPLOYEE'S EXPOSURE OR CONTACT WITH
A PANDEMIC VIRUS AND SUCH POLICE OFFICER'S OR EMPLOYEE'S POSITIVE TEST
FOR SUCH PANDEMIC VIRUS AND ANY MEDICAL RECORDS CONCERNING SUCH OFFI-
CER'S OR EMPLOYEE'S NOTICE OF EXPOSURE OR CONTACT WITH SUCH PANDEMIC
VIRUS AND SUCH POLICE OFFICER'S OR EMPLOYEE'S POSITIVE TEST FOR SUCH
PANDEMIC VIRUS IN THE POSSESSION OF THE RETIREMENT SYSTEM IN WHICH SUCH
OFFICER OR EMPLOYEE IS A MEMBER FOR THE PURPOSE OF REVIEWING, PROCESSING
AND AUDITING HIS OR HER CLAIM FOR LINE OF DUTY SICK LEAVE. SUCH WAIVER
SHALL BE IN THE FORM REQUIRED BY THE RETIREMENT SYSTEM OF WHICH HE OR
SHE IS A MEMBER, ALONG WITH THE APPLICATION FOR LINE OF DUTY SICK LEAVE,
WITH HIS OR HER EMPLOYER.
5. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(A) "ADVERSE PERSONNEL ACTION" SHALL MEAN ANY DISCIPLINE, INCLUDING
ISSUING A NOTICE OF DISCIPLINE, DISCHARGE, SUSPENSION, DEMOTION, PENALI-
ZATION, OR DISCRIMINATION AGAINST AN EMPLOYEE UTILIZING LINE OF DUTY
SICK LEAVE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OR SUBDIVISION
TWO OF THIS SECTION.
(B) "COST" SHALL MEAN THE NUMBER OF DAYS OF SICK LEAVE THAT MUST BE
RESTORED TO AN OFFICER OR EMPLOYEE PURSUANT TO SUBDIVISION ONE OR TWO OF
THIS SECTION MULTIPLIED BY SUCH OFFICER OR EMPLOYEE'S WAGE RATE AT THE
TIME THAT SUCH SICK LEAVE FOR WHICH REIMBURSEMENT IS BEING SOUGHT WAS
TAKEN.
S. 8456 3
(C) "PANDEMIC VIRUS" SHALL MEAN A VIRUS (I) THAT IS CLASSIFIED AS A
PANDEMIC BY THE WORLD HEALTH ORGANIZATION; AND (II) WHICH CAUSES THE
GOVERNOR TO DECLARE A STATE DECLARATION OF DISASTER EMERGENCY PURSUANT
TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW.
§ 2. The state shall reimburse any public authority or municipal
corporation of less than one million people for the cost of any line of
duty sick leave granted pursuant to this act.
§ 3. This act shall take effect immediately.