The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3354
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M. of A. FALL -- read once and referred to the Committee
   on Governmental Employees
 
 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

 A. 3354                             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.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3354--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M. of A. FALL, ABBATE, SILLITTI, SIMON, THIELE, RAJKUMAR
   -- read once and referred to the Committee on  Governmental  Employees
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the civil service law and the labor law, in relation  to
   leave  time  for COVID-19 vaccination; and providing for the repeal of
   such provisions upon 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.
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08673-06-1

 A. 3354--A                          2
 
   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.
   3. NOTHING IN THIS SECTION SHALL BE DEEMED TO IMPEDE, INFRINGE, DIMIN-
 ISH OR IMPAIR THE RIGHTS OF AN EMPLOYEE OR EMPLOYER UNDER ANY LAW, RULE,
 REGULATION OR COLLECTIVELY NEGOTIATED AGREEMENT, OR THE RIGHTS AND BENE-
 FITS WHICH ACCRUE TO EMPLOYEES THROUGH COLLECTIVE BARGAINING AGREEMENTS,
 OR OTHERWISE DIMINISH THE INTEGRITY OF THE EXISTING COLLECTIVE  BARGAIN-
 ING AGREEMENT.
   §  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.