Senate Bill S4255

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4255
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced  by  Sen.  ASHBY  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal law, in relation to allowing first
   responders who are diagnosed with post-traumatic  stress  disorder  to
   request line of duty sick leave

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general municipal  law  is  amended  by  adding  a  new
 section 92-e to read as follows:
   § 92-E. SICK LEAVE FOR FIRST RESPONDERS WITH PTSD. 1.  NOTWITHSTANDING
 ANY  OTHER  LAW,  RULE, OR REGULATION TO THE CONTRARY, A FIRST RESPONDER
 INCLUDING A FIREFIGHTER, POLICE OFFICER, OR EMERGENCY MEDICAL  PERSONNEL
 WHO  IS  AN  EMPLOYEE OF THE STATE, A PUBLIC AUTHORITY, OR ANY MUNICIPAL
 CORPORATION, WHO IS DIAGNOSED WITH POST-TRAUMATIC STRESS DISORDER  BY  A
 PSYCHIATRIST  LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THE
 EDUCATION LAW WHICH ARISES FROM SUCH FIRST  RESPONDER'S  PERFORMANCE  OF
 HIS OR HER DUTIES, SHALL, AFTER SUBMITTING A WRITTEN REQUEST FOR LINE OF
 DUTY  SICK  LEAVE,  BE GRANTED LINE OF DUTY SICK LEAVE COMMENCING ON THE
 DATE THAT SUCH FIRST RESPONDER WAS DIAGNOSED WITH POST-TRAUMATIC  STRESS
 DISORDER. THE FIRST RESPONDER SHALL BE COMPENSATED AT HIS OR HER REGULAR
 RATE OF PAY FOR THOSE REGULAR WORK HOURS DURING WHICH SUCH FIRST RESPON-
 DER  IS  ABSENT  FROM  WORK  DUE  TO HIS OR HER DIAGNOSED POST-TRAUMATIC
 STRESS DISORDER. SUCH LEAVE SHALL BE PROVIDED WITHOUT THE  LOSS  OF  THE
 FIRST RESPONDER'S ACCRUED SICK LEAVE OR VACATION LEAVE.
   2.  AN  EMPLOYER SHALL NOT TAKE ANY ADVERSE PERSONNEL ACTION AGAINST A
 FIRST RESPONDER REGARDING  SUCH  FIRST  RESPONDER'S  EMPLOYMENT  BECAUSE
 EITHER  (I)  THE  FIRST RESPONDER UTILIZES, OR REQUESTS TO UTILIZE, SICK
 LEAVE OR ANY OTHER  AVAILABLE  LEAVE  DUE  TO  DIAGNOSED  POST-TRAUMATIC
 STRESS  DISORDER,  OR  (II)  THE FIRST RESPONDER UTILIZES OR REQUESTS TO
 UTILIZE LINE OF DUTY SICK LEAVE PROVIDED BY THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06262-01-3
 S. 4255                             2
              

 
   3. FOR PURPOSES OF THIS SECTION, AN "ADVERSE PERSONNEL  ACTION"  MEANS
 ANY  DISCIPLINE,  INCLUDING  ISSUING  A NOTICE OF DISCIPLINE, DISCHARGE,
 SUSPENSION, DEMOTION, PENALIZATION, OR DISCRIMINATION AGAINST AN EMPLOY-
 EE UTILIZING LINE OF DUTY SICK LEAVE PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION.
   §  2.  The  state  shall  reimburse  any public authority or municipal
 corporation of less than one million people for the cost of any line  of
 duty sick leave granted pursuant to this act.
   §  3.  This act shall take effect immediately; provided, however, that
 any employee who is currently employed by the state,  public  authority,
 or  municipal  corporation  who  has  been diagnosed with post-traumatic
 stress disorder and is using sick  leave  due  to  such  disorder  shall
 receive  a  restoration  of such sick leave retroactive to the date such
 employee was diagnosed with post-traumatic stress disorder.