NY State Senate Bill S2588A

Archive: Last Bill Status Via A3354 - Signed by Governor

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

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Actions

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 12, 2021	signed chap.77 delivered to governor
Mar 01, 2021	returned to assembly passed senate 3rd reading cal.304 substituted for s2588a
Mar 01, 2021	substituted by a3354b
Feb 10, 2021	advanced to third reading
Feb 09, 2021	2nd report cal.
Feb 08, 2021	1st report cal.304
Feb 01, 2021	print number 2588a
Feb 01, 2021	amend and recommit to civil service and pensions
Jan 22, 2021	referred to civil service and pensions

Votes

view votes

Mar 1, 2021 - floor Vote

A3354B

floor

Aye

Nay

Absent

Excused

Abstained

Feb 8, 2021 - Civil Service and Pensions committee Vote

S2588A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S2588 - Details

See Assembly Version of this Bill:: A3354
Law Section:: Civil Service Law
Laws Affected:: Add §159-c, Civ Serv L; add §196-c, Lab L

S2588 - Summary

Grants time off for public employees to receive a COVID-19 vaccination.

S2588 - Sponsor Memo

 
BILL NUMBER: S2588

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the civil service law, in relation to leave time for
COVID-19 vaccination; and providing for the repeal of such provisions
upon the expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To grant public employees four hours of excused leave to receive the
coronavirus vaccine

 
SUMMARY OF PROVISIONS:

Section one of this bill adds a new section 159-c to the civil service
law to grant public officers or employees four hours leave to receive
the COVID-19 vaccine, unless such officer or employee shall a greater
amount of time under a collectively bargained agreement.

Such leave shall be considered excused and shall not be charged against

any other leave the officer or employee is otherwise entitled to. Noth-
ing in this bill shall be deemed to diminish the integrity of existing
collective bargaining agreements.

Section two provides the effective date and that this act shall expire
and be deemed repealed on December 31st, 2022.

 
JUSTIFICATION:

Many public employees are now authorized to receive the COVID-19 vaccine
within the 1A or 1B categories promulgated by the New York State Depart-
ment of Health. It is vital that these essential civil servants, which
include healthcare workers, emergency medical service personnel, staff
in congregate care facilities, police officers, firefighters,
corrections officers, teachers, and more, receive the vaccine in as
expeditious a manner as possible in order to continue serving on the
frontlines of this pandemic at decreased risk to themselves and their
families.

This legislation would mirror the existing leave of four hours that
civil servants are granted for cancer screening pursuant to Section
159-b of Civil Service Law as well as recent administrative action taken
by the City of New York. Granting public employees official time off to
receive the vaccine without having to exhaust their other piles of leave
will take us one step closer to achieving herd immunity and ending the
war against COVID-19.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

S2588 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2588
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2021
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN  ACT  to  amend  the civil service law, in relation to leave time for
   COVID-19 vaccination; and providing for the repeal of such  provisions
   upon the expiration thereof

   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-c to read as follows:
   § 159-C. LEAVE TIME FOR COVID-19 VACCINATION. 1. EVERY PUBLIC OFFICER,
 EMPLOYEE OF THIS STATE, EMPLOYEE OF ANY COUNTY, EMPLOYEE OF ANY COMMUNI-
 TY  COLLEGE,  EMPLOYEE  OF  ANY PUBLIC AUTHORITY, EMPLOYEE OF ANY PUBLIC
 BENEFIT CORPORATION, EMPLOYEE OF ANY BOARD  OF  COOPERATIVE  EDUCATIONAL
 SERVICES  (BOCES),  EMPLOYEE  OF  ANY VOCATIONAL EDUCATION AND EXTENSION
 BOARD, OR A SCHOOL DISTRICT ENUMERATED IN SECTION ONE  OF  CHAPTER  FIVE
 HUNDRED  SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED SIXTY-SEVEN, EMPLOYEE
 OF ANY MUNICIPALITY, EMPLOYEE OF ANY SCHOOL DISTRICT OR ANY EMPLOYEE  OF
 A  PARTICIPATING  EMPLOYER  IN  THE  NEW YORK STATE AND LOCAL EMPLOYEES'
 RETIREMENT SYSTEM OR ANY EMPLOYEE OF A PARTICIPATING EMPLOYER IN THE NEW
 YORK STATE TEACHERS' RETIREMENT  SYSTEM  SHALL  BE  ENTITLED  TO  ABSENT
 HIMSELF  OR  HERSELF AND SHALL BE DEEMED TO HAVE A PAID LEAVE OF ABSENCE
 FROM HIS OR HER DUTIES OR SERVICE FOR A SUFFICIENT PERIOD OF  TIME,  NOT
 TO EXCEED FOUR HOURS ON AN ANNUAL BASIS, UNLESS SUCH OFFICER OR EMPLOYEE
 SHALL  RECEIVE  A GREATER NUMBER OF HOURS UNDER A COLLECTIVELY BARGAINED
 AGREEMENT, TO BE VACCINATED FOR COVID-19.
   2. THE ENTIRE PERIOD OF THE LEAVE OF ABSENCE GRANTED PURSUANT TO  THIS
 SECTION  SHALL  BE  EXCUSED  LEAVE  AND SHALL NOT BE CHARGED AGAINST ANY
 OTHER LEAVE SUCH PUBLIC OFFICER OR EMPLOYEE IS OTHERWISE ENTITLED TO.
   3. NOTHING IN THIS SECTION SHALL BE DEEMED TO IMPEDE, INFRINGE, DIMIN-
 ISH OR IMPAIR THE RIGHTS OF A PUBLIC EMPLOYEE OR EMPLOYER UNDER ANY LAW,
 RULE, REGULATION OR COLLECTIVELY NEGOTIATED AGREEMENT, OR THE RIGHTS AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08673-03-1

 S. 2588                             2
 
 BENEFITS WHICH ACCRUE TO EMPLOYEES THROUGH COLLECTIVE BARGAINING  AGREE-
 MENTS,  OR  OTHERWISE  DIMINISH THE INTEGRITY OF THE EXISTING COLLECTIVE
 BARGAINING AGREEMENT.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed December 31, 2022.

Co-Sponsors

view additional co-sponsors

S2588A (ACTIVE) - Details

See Assembly Version of this Bill:: A3354
Law Section:: Civil Service Law
Laws Affected:: Add §159-c, Civ Serv L; add §196-c, Lab L

S2588A (ACTIVE) - Summary

Grants time off for public employees to receive a COVID-19 vaccination.

S2588A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2588A

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the civil service law, in relation to leave time for
COVID-19 vaccination; and providing for the repeal of such provisions
upon the expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To grant employees four hours of excused leave to receive the coronavi-
rus vaccine

 
SUMMARY OF PROVISIONS:

Section one of this bill adds a new section 159-c to the civil service
law to grant public officers or employees four hours leave per injection
to receive the COVID-19 vaccine, unless such officer or employee shall a
greater amount of time under a collectively bargained agreement.

Such leave shall be considered excused and shall not be charged against
any other leave the officer or employee is otherwise entitled to. Noth-
ing in this bill shall be deemed to diminish the integrity of existing
collective bargaining agreements.

Section two of the bill adds mirroring language for private employees in
a new section 196-c of the labor law.

Section three of the bill provides that no employer shall retaliate
against any employee for exercising his or her rights under this act.

Section four provides the effective date and that this act shall expire
and be deemed repealed on December 31st, 2022.

 
JUSTIFICATION:

Many frontline workers are now authorized to receive the COVID-19
vaccine within the 1A or 1B categories promulgated by the New York State
Department of Health. It is vital that these essential employees, which
include healthcare workers, grocery clerks, emergency medical service
personnel, staff in congregate care facilities, police officers, fire-
fighters, corrections officers, teachers, and more, receive the vaccine
in as expeditious a manner as possible in order to decrease the risk of
contagion for themselves and their families while being forced to report
to work.

This legislation would mirror the existing leave of four hours that
civil servants are granted for cancer screening pursuant to Section
159-b of Civil Service Law as well as recent administrative action taken
by the City of New York. Granting public and private employees official
time off to receive the vaccine without having to exhaust their other
piles of leave will take us one step closer to achieving herd immunity
and ending the war against COVID-19.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

S2588A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2588--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2021
                                ___________
 
 Introduced  by Sens. GOUNARDES, BROUK, HINCHEY, REICHLIN-MELNICK, RIVERA
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Civil Service and Pensions --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee

 AN ACT to amend the civil service law, in relation  to  leave  time  for
   COVID-19  vaccination; and providing for the repeal of such provisions
   upon the expiration thereof
 
   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-c to read as follows:
   § 159-C. LEAVE TIME FOR COVID-19 VACCINATION. 1. EVERY PUBLIC OFFICER,
 EMPLOYEE OF THIS STATE, EMPLOYEE OF ANY COUNTY, EMPLOYEE OF ANY COMMUNI-
 TY COLLEGE, EMPLOYEE OF ANY PUBLIC AUTHORITY,  EMPLOYEE  OF  ANY  PUBLIC
 BENEFIT  CORPORATION,  EMPLOYEE  OF ANY BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES (BOCES), EMPLOYEE OF ANY  VOCATIONAL  EDUCATION  AND  EXTENSION
 BOARD,  OR  A  SCHOOL DISTRICT ENUMERATED IN SECTION ONE OF CHAPTER FIVE
 HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED SIXTY-SEVEN,  EMPLOYEE
 OF  ANY MUNICIPALITY, EMPLOYEE OF ANY SCHOOL DISTRICT OR ANY EMPLOYEE OF
 A PARTICIPATING EMPLOYER IN THE NEW  YORK  STATE  AND  LOCAL  EMPLOYEES'
 RETIREMENT SYSTEM OR ANY EMPLOYEE OF A PARTICIPATING EMPLOYER IN THE NEW
 YORK  STATE  TEACHERS'  RETIREMENT  SYSTEM  SHALL  BE ENTITLED TO ABSENT
 HIMSELF OR HERSELF AND SHALL BE DEEMED TO HAVE A PAID LEAVE  OF  ABSENCE
 FROM  HIS  OR HER DUTIES OR SERVICE FOR A SUFFICIENT PERIOD OF TIME, NOT
 TO EXCEED FOUR HOURS PER  VACCINE  INJECTION,  UNLESS  SUCH  OFFICER  OR
 EMPLOYEE  SHALL  RECEIVE A GREATER NUMBER OF HOURS PURSUANT TO A COLLEC-
 TIVELY BARGAINED AGREEMENT OR AS OTHERWISE AUTHORIZED BY  THE  EMPLOYER,
 TO BE VACCINATED FOR COVID-19.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08673-09-1

 S. 2588--A                          2
 
   2.  THE ENTIRE PERIOD OF THE LEAVE OF ABSENCE GRANTED PURSUANT TO THIS
 SECTION SHALL BE EXCUSED LEAVE AND SHALL  NOT  BE  CHARGED  AGAINST  ANY
 OTHER LEAVE SUCH PUBLIC OFFICER OR EMPLOYEE IS OTHERWISE ENTITLED TO.
   3. NOTHING IN THIS SECTION SHALL BE DEEMED TO IMPEDE, INFRINGE, DIMIN-
 ISH OR IMPAIR THE RIGHTS OF A PUBLIC EMPLOYEE OR EMPLOYER UNDER ANY LAW,
 RULE, REGULATION OR COLLECTIVELY NEGOTIATED AGREEMENT, OR THE RIGHTS AND
 BENEFITS  WHICH ACCRUE TO EMPLOYEES THROUGH COLLECTIVE BARGAINING AGREE-
 MENTS, OR OTHERWISE DIMINISH THE INTEGRITY OF  THE  EXISTING  COLLECTIVE
 BARGAINING AGREEMENT.
   § 2. The labor law is amended by adding a new section 196-c to read as
 follows:
   §  196-C. LEAVE TIME FOR COVID-19 VACCINATION. 1. EVERY EMPLOYEE SHALL
 BE PROVIDED A PAID LEAVE OF ABSENCE FROM  HIS  OR  HER  EMPLOYER  FOR  A
 SUFFICIENT  PERIOD  OF  TIME,  NOT  TO  EXCEED  FOUR  HOURS  PER VACCINE
 INJECTION, UNLESS SUCH EMPLOYEE SHALL RECEIVE A GREATER NUMBER OF  HOURS
 PURSUANT  TO  A COLLECTIVELY BARGAINED AGREEMENT OR AS OTHERWISE AUTHOR-
 IZED BY THE EMPLOYER, TO BE VACCINATED FOR COVID-19.
   2. THE ENTIRE PERIOD OF THE LEAVE OF ABSENCE GRANTED PURSUANT TO  THIS
 SECTION  SHALL  BE  PROVIDED  AT  THE EMPLOYEE'S REGULAR RATE OF PAY AND
 SHALL NOT BE CHARGED AGAINST ANY OTHER LEAVE SUCH EMPLOYEE IS  OTHERWISE
 ENTITLED  TO, INCLUDING SICK LEAVE PURSUANT TO SECTION ONE HUNDRED NINE-
 TY-SIX-B OF THIS ARTICLE, OR ANY LEAVE PROVIDED PURSUANT TO A COLLECTIVE
 BARGAINING AGREEMENT.
   3. THE PROVISIONS OF THIS  SECTION  MAY  BE  WAIVED  BY  A  COLLECTIVE
 BARGAINING  AGREEMENT,  PROVIDED  THAT  FOR  SUCH WAIVER TO BE VALID, IT
 SHALL EXPLICITLY REFERENCE THIS SECTION OF LAW.
   § 3. No employer or his or her agent, or the officer or agent  of  any
 corporation,  partnership,  or  limited  liability company, or any other
 person, shall discharge, threaten, penalize,  or  in  any  other  manner
 discriminate or retaliate against any employee because such employee has
 exercised  his or her rights afforded under this act, including, but not
 limited to, requesting or obtaining a leave of absence to be  vaccinated
 for COVID-19.
   §  4.  This  act shall take effect immediately and shall expire and be
 deemed repealed December 31, 2022.

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The New York State Senate

senate Bill S2588A

Sponsored By

Archive: Last Bill Status Via A3354 - Signed by Governor

Your Voice

Actions

Votes

Mar 1, 2021 - floor Vote

Floor Vote: Mar 1, 2021

Feb 8, 2021 - Civil Service and Pensions committee Vote

Civil Service and Pensions Committee Vote: Feb 8, 2021

Bill Amendments

Co-Sponsors

S2588 - Details

S2588 - Summary

S2588 - Sponsor Memo

S2588 - Bill Text download pdf

Co-Sponsors

S2588A (ACTIVE) - Details

S2588A (ACTIVE) - Summary

S2588A (ACTIVE) - Sponsor Memo

S2588A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2588A

Share this bill

Sponsored By

Archive: Last Bill Status Via A3354 - Signed by Governor

Your Voice

Actions

Votes

Mar 1, 2021 - floor Vote

Floor Vote: Mar 1, 2021

Feb 8, 2021 - Civil Service and Pensions committee Vote

Civil Service and Pensions Committee Vote: Feb 8, 2021

Bill Amendments

Co-Sponsors

S2588 - Details

S2588 - Summary

S2588 - Sponsor Memo

S2588 - Bill Text download pdf

Co-Sponsors

S2588A (ACTIVE) - Details

S2588A (ACTIVE) - Summary

S2588A (ACTIVE) - Sponsor Memo

S2588A (ACTIVE) - Bill Text download pdf

Comments