Senate Bill S5619

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5619
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2025
                                ___________
 
 Introduced  by  Sens.  ASHBY, WALCZYK -- 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
 SUCH FIRST RESPONDER'S DUTIES, SHALL, AFTER SUBMITTING A WRITTEN REQUEST
 FOR LINE OF DUTY SICK LEAVE, BE GRANTED LINE OF DUTY SICK LEAVE COMMENC-
 ING  ON THE DATE THAT SUCH FIRST RESPONDER WAS DIAGNOSED WITH POST-TRAU-
 MATIC STRESS DISORDER. THE FIRST RESPONDER SHALL BE COMPENSATED AT  SUCH
 FIRST  RESPONDER'S  REGULAR  RATE  OF  PAY  FOR THOSE REGULAR WORK HOURS
 DURING WHICH SUCH FIRST RESPONDER IS ABSENT FROM WORK DUE TO SUCH  FIRST
 RESPONDER'S  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.
                                                            LBD03592-01-5
              

 S. 5619                             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.