Assembly Bill A1202

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1202--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by M. of A. SIMON, COOK, BRONSON, WILLIAMS, SAYEGH, McMAHON,
   JACOBSON, LUNSFORD, STERN, LEVENBERG -- Multi-Sponsored by -- M. of A.
   REYES -- 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, 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-e to read as follows:
   §  159-E.    AUTHORIZATION TO USE ACCRUED TIME DURING CERTAIN REQUIRED
 WAITING PERIODS.  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 CHAP-
 TER  FIVE HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED SIXTY-SEVEN,
 MUNICIPALITY, SCHOOL DISTRICT OR ANY EMPLOYEE OF A PARTICIPATING EMPLOY-
 ER 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
 SECTION TWELVE OF 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,  COMPEN-
 SATION  TIME, PERSONAL TIME, OR VACATION TIME, DURING SUCH WAITING PERI-
 OD. AN EMPLOYER SHALL NOT REQUIRE AN EMPLOYEE  TO  UTILIZE  ANY  ACCRUED
 TIME DURING SUCH WAITING PERIOD OR PERIOD 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02733-03-6
              

 A. 1202--A                          2
 
 OF CONTROVERSION, THE EMPLOYEE SHALL BE ENTITLED TO FULL RESTORATION  OF
 TIME CHARGED.
   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 IF IT IS  MUTUALLY  AGREED  UPON  BETWEEN  THE
 EMPLOYEE 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.