Senate Bill S5096A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5096--A
     Cal. No. 613
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- reported favorably from said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 AN  ACT  to amend the civil service law, in relation to transfer of sick
   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. TRANSFER OF SICK TIME. 1. FOR PURPOSES OF THIS  SECTION,  THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "DONOR" SHALL MEAN AN INDIVIDUAL WHO DONATES SICK TIME TO A FELLOW
 EMPLOYEE;
   (B)  "RECIPIENT"  SHALL  MEAN  AN INDIVIDUAL WHO RECEIVES DONATED SICK
 TIME FROM A FELLOW EMPLOYEE;
   (C) "FELLOW EMPLOYEE" SHALL MEAN  AN  INDIVIDUAL  EMPLOYED  UNDER  THE
 JURISDICTION OF THE SAME CIVIL SERVICE COMMISSION AS ANOTHER;
   (D)  "STATE  COMMISSION"  SHALL  HAVE  THE  SAME MEANING AS DEFINED IN
 SUBDIVISION ONE OF SECTION TWO OF THIS CHAPTER; AND
   (E) "MUNICIPAL COMMISSION" SHALL HAVE THE SAME MEANING AS  DEFINED  IN
 SUBDIVISION FOUR OF SECTION TWO OF THIS CHAPTER.
   2. EVERY PUBLIC OFFICER, EMPLOYEE OF THIS STATE, EMPLOYEE OF ANY COUN-
 TY, EMPLOYEE OF ANY COMMUNITY 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03811-03-1

 S. 5096--A                          2
 
 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 TRANSFER OR RECEIVE SICK TIME FROM A FELLOW EMPLOY-
 EE.
   3.  IN  ORDER  TO  TRANSFER  SUCH SICK TIME THE FOLLOWING RESTRICTIONS
 SHALL APPLY:
   (A) AN EMPLOYEE UNDER THE JURISDICTION OF THE STATE  COMMISSION  SHALL
 ONLY  BE  PERMITTED  TO RECEIVE DONATED SICK TIME FROM A FELLOW EMPLOYEE
 UNDER THE JURISDICTION OF THE STATE COMMISSION;
   (B) AN EMPLOYEE UNDER THE JURISDICTION  OF  ANY  MUNICIPAL  COMMISSION
 SHALL  ONLY  BE  PERMITTED  TO  RECEIVE  DONATED SICK TIME FROM A FELLOW
 EMPLOYEE UNDER THE JURISDICTION OF THE SAME MUNICIPAL COMMISSION;
   (C) AN EMPLOYEE UNDER THE JURISDICTION OF A SCHOOL DISTRICT SHALL ONLY
 BE PERMITTED TO RECEIVE DONATED SICK TIME FROM A FELLOW  EMPLOYEE  UNDER
 THE JURISDICTION OF THE SAME SCHOOL DISTRICT;
   (D)  A  RECIPIENT  SHALL  ONLY BE PERMITTED TO RECEIVE AND USE DONATED
 SICK TIME FROM A FELLOW EMPLOYEE IF SUCH  RECIPIENT  HAS  EXHAUSTED  ALL
 PERSONAL SICK TIME. PERSONAL SICK TIME SHALL BE DEEMED EXHAUSTED WHEN AN
 EMPLOYEE  HAS  A  BALANCE OF ZERO HOURS OR LESS THAN THE NUMBER OF HOURS
 NECESSARY TO COMPLETE APPROVED SICK LEAVE; AND
   (E) AN EMPLOYER MAY  RESERVE  THE  RIGHT  TO  REQUIRE  THAT  EMPLOYEES
 PROVIDE  A  WRITTEN  REFERRAL  FROM A PHYSICIAN OR OTHER DULY AUTHORIZED
 HEALTH CARE PROVIDER OR PROOF OF FAMILIAL EMERGENCY FOR SUCH SICK  LEAVE
 TO BE APPROVED.
   4.  NOTHING  IN  THIS SECTION SHALL BE DEEMED TO SUPERSEDE OR DIMINISH
 THE TERMS, RIGHTS, PRIVILEGES, OR REMEDIES OF  ANY  EMPLOYEE  UNDER  ANY
 COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT CONTRACT.
   § 2. This act shall take effect immediately.