S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6328
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 22, 2021
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- 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  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. ANY
 PUBLIC OFFICER, EMPLOYEE OF THE STATE, COUNTY, COMMUNITY COLLEGE, PUBLIC
 AUTHORITY, PUBLIC BENEFIT CORPORATION, BOARD OF COOPERATIVE  EDUCATIONAL
 SERVICES  (BOCES), 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, MUNICIPALITY, 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  WHO  IS
 REQUIRED TO SERVE A WAITING PERIOD PURSUANT TO THE WORKERS' COMPENSATION
 LAW,  OR  WHO  IS  NOT  RECEIVING  INDEMNITY BENEFITS AS A RESULT OF THE
 CONTROVERSION OF THEIR CLAIM, MAY USE ANY ACCRUED  TIME,  INCLUDING  BUT
 NOT LIMITED TO, SICK TIME, COMPENSATION TIME, PERSONAL TIME, OR VACATION
 TIME,  DURING  SUCH  WAITING  PERIOD.  AN  EMPLOYER SHALL NOT REQUIRE AN
 EMPLOYEE TO UTILIZE ANY ACCRUED TIME DURING SUCH WAITING PERIOD OR PERI-
 OD OF CONTROVERSION.
   2. WHERE AN EMPLOYEE HAS USED ACCRUED TIME, INCLUDING BUT NOT  LIMITED
 TO  SICK TIME, COMPENSATION TIME, PERSONAL TIME OR VACATION TIME, AND IT
 IS SUBSEQUENTLY DETERMINED THAT NO WAITING PERIOD IS  REQUIRED,  OR  THE
 EMPLOYEE IS DETERMINED TO HAVE BEEN ENTITLED TO BENEFITS DURING A PERIOD
 OF  CONTROVERSION, THE EMPLOYEE SHALL BE ENTITLED TO FULL RESTORATION OF
 TIME CHARGED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01012-02-1
              

 S. 6328                             2
 
   3. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  ANY  EMPLOYEE
 SUBJECT  TO  A COLLECTIVE BARGAINING AGREEMENT. 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 ALTERNATIVELY 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 OUT OF IT AS IS MUTUALLY AGREED UPON BETWEEN THE EMPLOY-
 EE ORGANIZATION AND ANY PUBLIC EMPLOYER.
   4.  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.