NY State Senate Bill 2021-S5096A

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to civil service and pensions
Jun 10, 2021	committed to rules
May 11, 2021	amended on third reading 5096a
Mar 24, 2021	advanced to third reading
Mar 23, 2021	2nd report cal.
Mar 22, 2021	1st report cal.613
Feb 23, 2021	referred to civil service and pensions

Votes

- Mar 22, 2021 - Civil Service And Pensions Committee Vote
  S5096A
  
  4
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: Mar 22, 2021
      
      aye (4)
      
      Addabbo Jr.
      
      Gounardes
      
      Jackson
      
      Savino
      
      aye wr (3)
      
      Akshar
      
      Mannion
      
      Weik

Bill Amendments

Original

A (Active)

2021-S5096 - Details

See Assembly Version of this Bill:: A6919
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Add §159-d, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6525
2017-2018: S4097
2019-2020: S1442, A8332
2023-2024: S2011, A5173

2021-S5096 - Summary

Allows certain employees to transfer or receive sick time from a fellow employee.

2021-S5096 - Sponsor Memo

                                
 
BILL NUMBER: S5096

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the civil service law, in relation to transfer of sick
time

 
PURPOSE:

To establish that every public employee shall be entitled to transfer
sick time to fellow employees.

 
SUMMARY OF PROVISIONS:

Section 1 amends the civil service law by adding a new section 159-d
providing public employees can transfer sick time to fellow employees.
An employee under the jurisdiction of the state civil service commission
shall only be permitted to receive donated sick time from a fellow
employee under the jurisdiction of the state commission; an employee
under the jurisdiction of a municipal civil service commission shall

only be permitted to receive donated sick time from a fellow employee
under the jurisdiction of the same municipal commission; and 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. A recipient shall only be permitted to
receive and use donated sick time after exhausting all personal sick
time. The employer may reserve the right to require a written referral
from a physician or health care provider or proof of familial emergency.
The terms, rights, privileges or remedies of any employee under any
collective bargaining agreement or employment contract are not to be
superseded or diminished by this act.

Section 2 provides this act shall take effect immediately.

 
EXISTING LAW:

New Law

 
JUSTIFICATION:

Many employees do not receive ample sick time, while others do not need
to use all of the sick time they've accrued. Guaranteeing the transfer
of sick time provides a method for allowing employees who need it to
take more time off while ensuring those additional hours are covered by
healthy colleagues. This is policy that will strengthen the rights of
workers, increasing productivity and generating positive employment
outcomes, with no significant cost.

 
LEGISLATIVE HISTORY:

2016 S6525B REPORTED AND COMMITTED TO FINANCE

2017 S4097 REPORTED AND COMMITTED TO FINANCE

2018 S4097 REPORTED AND COMMITTED TO FINANCE

2019 S1442 ADVANCED TO THIRD READING

2019 A8332 referred to governmental employees

2020 S1442 REFERRED TO CIVIL SERVICE AND PENSIONS

2020 A8332 referred to governmental employees

 
FISCAL IMPLICATIONS:

No significant impact

 
LOCAL FISCAL IMPLICATIONS:

No significant impact

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S5096 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5096
 
                        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
 
 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-c to read as follows:
   §  159-C.  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
 YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR ANY EMPLOYEE  OF  A
 PARTICIPATING EMPLOYER IN THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03811-01-1

 S. 5096                             2
 
 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.

2021-S5096A (ACTIVE) - Details

See Assembly Version of this Bill:: A6919
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Add §159-d, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6525
2017-2018: S4097
2019-2020: S1442, A8332
2023-2024: S2011, A5173

2021-S5096A (ACTIVE) - Summary

Allows certain employees to transfer or receive sick time from a fellow employee.

2021-S5096A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5096A

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the civil service law, in relation to transfer of sick
time

 
PURPOSE:

To establish that every public employee shall be entitled to transfer
sick time to fellow employees.

 
SUMMARY OF PROVISIONS:

Section 1 amends the civil service law by adding a new section 159-d
providing public employees can transfer sick time to fellow employees.
An employee under the jurisdiction of the state civil service commission
shall only be permitted to receive donated sick time from a fellow
employee under the jurisdiction of the state commission; an employee
under the jurisdiction of a municipal civil service commission shall

only be permitted to receive donated sick time from a fellow employee
under the jurisdiction of the same municipal commission; and 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. A recipient shall only be permitted to
receive and use donated sick time after exhausting all personal sick
time. The employer may reserve the right to require a written referral
from a physician or health care provider or proof of familial emergency.
The terms, rights, privileges or remedies of any employee under any
collective bargaining agreement or employment contract are not to be
superseded or diminished by this act.

Section 2 provides this act shall take effect immediately.

 
EXISTING LAW:

New Law

 
JUSTIFICATION:

Many employees do not receive ample sick time, while others do not need
to use all of the sick time they've accrued. Guaranteeing the transfer
of sick time provides a method for allowing employees who need it to
take more time off while ensuring those additional hours are covered by
healthy colleagues. This is policy that will strengthen the rights of
workers, increasing productivity and generating positive employment
outcomes, with no significant cost.

 
LEGISLATIVE HISTORY:

2016 S6525B REPORTED AND COMMITTED TO FINANCE

2017 54097 REPORTED AND COMMITTED TO FINANCE

2018 54097 REPORTED AND COMMITTED TO FINANCE

2019 51442 ADVANCED TO THIRD READING

2019 A8332 referred to governmental employees

2020 S1442 REFERRED TO CIVIL SERVICE AND PENSIONS

2020 A8332 referred to governmental employees

 
A-PRINT:

Changed Section 159-c to Section 159-d.

 
FISCAL IMPLICATIONS:

No significant impact

 
LOCAL FISCAL IMPLICATIONS:

No significant impact

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S5096A (ACTIVE) - Bill Text download pdf

                            
 
                     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.

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Senate Bill S5096A

Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Mar 22, 2021 - Civil Service And Pensions Committee Vote

Civil Service And Pensions Committee Vote: Mar 22, 2021

Bill Amendments

2021-S5096 - Details

2021-S5096 - Summary

2021-S5096 - Sponsor Memo

2021-S5096 - Bill Text download pdf

2021-S5096A (ACTIVE) - Details

2021-S5096A (ACTIVE) - Summary

2021-S5096A (ACTIVE) - Sponsor Memo

2021-S5096A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5096A

Share this bill

Sponsored By

James Sanders Jr.

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Bill Amendments

2021-S5096 - Details

2021-S5096 - Summary

2021-S5096 - Sponsor Memo

2021-S5096 - Bill Text download pdf

2021-S5096A (ACTIVE) - Details

2021-S5096A (ACTIVE) - Summary

2021-S5096A (ACTIVE) - Sponsor Memo

2021-S5096A (ACTIVE) - Bill Text download pdf

Comments