Senate Bill S4373

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4373
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2025
                                ___________
 
 Introduced  by Sens. COMRIE, ADDABBO, BRISPORT, CLEARE, COONEY, JACKSON,
   PALUMBO -- read twice and ordered printed,  and  when  printed  to  be
   committed to the Committee on Transportation
 
 AN  ACT  to amend the public authorities law, in relation to protections
   for employees of the metropolitan transportation authority or contrac-
   tors of Nassau and Suffolk counties providing public transportation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public  authorities  law  is amended by adding a new
 section 1279-m to read as follows:
   § 1279-M. TRANSPORTATION CARRIER EMPLOYEE ATTENDANCE POLICIES. 1.  FOR
 THE PURPOSES OF THIS SECTION, "EMPLOYEE" MEANS A PERSON EMPLOYED BY  THE
 METROPOLITAN  TRANSPORTATION AUTHORITY, A SUBORDINATE AGENCY, AUTHORITY,
 OR CORPORATION OF SUCH AUTHORITY, OR A CONTRACTOR  OF  THE  COUNTIES  OF
 NASSAU AND SUFFOLK PROVIDING PUBLIC TRANSPORTATION.
   2.  NO  EMPLOYEE SHALL BE SUBJECT TO DISCIPLINARY ACTION BY THE METRO-
 POLITAN TRANSPORTATION AUTHORITY, A SUBORDINATE  AGENCY,  AUTHORITY,  OR
 CORPORATION OF SUCH AUTHORITY, OR A CONTRACTOR OF THE COUNTIES OF NASSAU
 AND  SUFFOLK  ENGAGED  IN  PROVIDING PUBLIC TRANSPORTATION FOR ANY DOCU-
 MENTED PAID OR UNPAID PERIOD OF ABSENCE  FROM  THEIR  POSITION  IF  SUCH
 PERIOD OF ABSENCE IS DIRECTLY RELATED TO THE FOLLOWING:
   (A) ON-DUTY OR OFF-DUTY INJURY;
   (B) OCCUPATIONALLY RELATED OR NON-OCCUPATIONALLY RELATED ILLNESS;
   (C) CONTAGIOUS OR NON-CONTAGIOUS INFECTION;
   (D) CHRONIC MEDICAL CONDITION; OR
   (E) ANY APPOINTMENT WITH A DOCTOR, SURGEON, DENTIST, OR OTHER LICENSED
 TREATMENT  PROVIDER  IN CONNECTION WITH THE DIAGNOSIS OR TREATMENT OF AN
 ON-DUTY OR OFF-DUTY INJURY, OCCUPATIONALLY RELATED OR NON-OCCUPATIONALLY
 RELATED ILLNESS, CONTAGIOUS OR NON-CONTAGIOUS INFECTION, AND/OR  CHRONIC
 MEDICAL CONDITION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05850-01-5
 S. 4373                             2
              

 
   3.  THE  METROPOLITAN  TRANSPORTATION AUTHORITY, SUBORDINATE AGENCIES,
 AUTHORITIES, OR CORPORATIONS OF SUCH AUTHORITY, AND CONTRACTORS  OF  THE
 COUNTIES  OF  NASSAU AND SUFFOLK ENGAGED IN PROVIDING PUBLIC TRANSPORTA-
 TION SHALL NOT:
   (A) TAKE ANY ACTIONS WHICH MAY INHIBIT THE ABILITY OF AN EMPLOYEE FROM
 SEEKING  DIAGNOSTIC  AND/OR TREATMENT SERVICES FOR ANY OF THE CONDITIONS
 LISTED IN SUBDIVISION TWO OF THIS SECTION. SUCH ACTIONS INCLUDE, BUT ARE
 NOT LIMITED TO, REQUIRING SUCH EMPLOYEES TO REMAIN  AT  THEIR  PLACE  OF
 RESIDENCE  AND  PENALIZING SUCH EMPLOYEES FOR THE PURPOSES OF PREVENTING
 SUCH EMPLOYEES FROM  RECEIVING  IN-PERSON  DIAGNOSTIC  AND/OR  TREATMENT
 SERVICES  BY  A  LICENSED  DOCTOR,  SURGEON, PHARMACIST, DENTIST, OR ANY
 OTHER LICENSED PROVIDER OF SUCH SERVICES;
   (B) SUBJECT AN EMPLOYEE TO ANY  DISCIPLINARY  ACTION  FOR  FAILURE  TO
 REPORT  FOR  DUTY  DURING  A STATE OF EMERGENCY DECLARED BY THE GOVERNOR
 PURSUANT TO EXECUTIVE ORDER DURING WHICH ACCESS TO THE INTERSTATE  HIGH-
 WAYS  WITHIN  THE  COUNTIES OF SUFFOLK, NASSAU, QUEENS, KINGS, RICHMOND,
 NEW YORK, BRONX, WESTCHESTER, PUTNAM, DUTCHESS,  ROCKLAND,  ORANGE,  AND
 ULSTER ARE RESTRICTED PURSUANT TO AN ORDER OF A LAW ENFORCEMENT AGENCY;
   (C) APPLY ANY LATENESS OR PERIOD OF ABSENCE OF AN EMPLOYEE TOWARDS ANY
 POLICY  ON  EMPLOYEE  ATTENDANCE DURING A STATE OF EMERGENCY DECLARED BY
 THE GOVERNOR PURSUANT TO EXECUTIVE ORDER; OR
   (D) SUBJECT AN EMPLOYEE TO DISCIPLINARY ACTION FOR FAILURE  TO  REPORT
 FOR  DUTY  AS  A  RESULT  OF SUCH EMPLOYEE BEING COMPELLED BY SUMMONS OR
 SUBPOENA TO APPEAR IN EITHER A FEDERAL COURT  OR  ANY  COURT  UNDER  THE
 UNIFIED  COURT  SYSTEM  OF  THE STATE OF NEW YORK AS EITHER A DEFENDANT,
 PLAINTIFF, OR WITNESS IN ANY LEGAL PROCEEDING. THIS PARAGRAPH SHALL ALSO
 APPLY TO DEPOSITIONS IN CONNECTION WITH A LEGAL  ACTION  IN  WHICH  SUCH
 EMPLOYEE HAS BEEN COMPELLED BY SUBPOENA TO GIVE TESTIMONY.
   4.  THE  METROPOLITAN  TRANSPORTATION AUTHORITY, SUBORDINATE AGENCIES,
 AUTHORITIES, OR CORPORATIONS OF SUCH AUTHORITY, AND CONTRACTORS  OF  THE
 COUNTIES  OF  NASSAU AND SUFFOLK ENGAGED IN PROVIDING PUBLIC TRANSPORTA-
 TION SHALL MODIFY ALL ATTENDANCE-BASED DISCIPLINARY  POLICIES  CURRENTLY
 IN  EFFECT  TO COMPLY WITH THIS SECTION WITHIN NINETY DAYS OF THE EFFEC-
 TIVE DATE OF THIS SECTION.
   § 2. This act shall take effect immediately.