Bill Text: NY A01705 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Relates to use of accrued sick time, compensation time or vacation time.

Spectrum: Strong Partisan Bill (Democrat 15-1)

Status: (Introduced) 2024-01-03 - referred to governmental employees [A01705 Detail]

Download: New_York-2023-A01705-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          1705

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced  by M. of A. SIMON, COOK, BRONSON, WILLIAMS, SAYEGH, McMAHON,
          JACOBSON, LUNSFORD, STERN, JEAN-PIERRE -- Multi-Sponsored by -- M.  of
          A.  REYES  --  read once and referred to the Committee on Governmental
          Employees

        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:

     1    Section 1. The civil service law is amended by adding  a  new  section
     2  159-e to read as follows:
     3    §  159-e.  Payment  in lieu of workers' compensation payments.  1. Any
     4  public officer, employee of the state, county, community college, public
     5  authority, public benefit corporation, board of cooperative  educational
     6  services  (BOCES), vocational education and extension board, or a school
     7  district enumerated in section one of chapter five hundred sixty-six  of
     8  the  laws of nineteen hundred sixty-seven, municipality, school district
     9  or any employee of a participating employer in the New  York  state  and
    10  local  employees'  retirement  system or any employee of a participating
    11  employer in the New  York  state  teachers'  retirement  system  who  is
    12  required to serve a waiting period pursuant to the workers' compensation
    13  law,  or  who  is  not  receiving  indemnity benefits as a result of the
    14  controversion of their claim, may use any accrued  time,  including  but
    15  not limited to, sick time, compensation time, personal time, or vacation
    16  time,  during  such  waiting  period.  An  employer shall not require an
    17  employee to utilize any accrued time during such waiting period or peri-
    18  od of controversion.
    19    2. Where an employee has used accrued time, including but not  limited
    20  to  sick time, compensation time, personal time or vacation time, and it
    21  is subsequently determined that no waiting period is  required,  or  the
    22  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.
                                                                   LBD02818-01-3
        A. 1705                             2

     1  of  controversion, the employee shall be entitled to full restoration of
     2  time charged.
     3    3.  The  provisions  of  this  section shall not apply to any employee
     4  subject to a collective bargaining agreement. An  employee  organization
     5  may, pursuant to collective bargaining, opt in to the provisions of this
     6  section  on  behalf  of those public employees it is either certified or
     7  recognized to represent, within the meaning of article fourteen of  this
     8  chapter,  or may alternatively bargain for benefits greater or less than
     9  those provided for by this section. An employee  organization  that  has
    10  opted  in  to the provisions of this section may, pursuant to collective
    11  bargaining, opt out of it as is mutually agreed upon between the employ-
    12  ee organization and any public employer.
    13    4. Nothing set forth in this section shall  be  construed  to  impede,
    14  infringe  or  diminish  the rights and benefits that accrue to employees
    15  and employers through collective  bargaining  agreements,  or  otherwise
    16  diminish the integrity of the collective bargaining relationship.
    17    § 2. This act shall take effect immediately.