Bill Text: NY A08970 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to sick leave for certain individuals with a qualifying World Trade Center condition and rights of public employers and employees relating thereto.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2020-04-17 - SIGNED CHAP.60 [A08970 Detail]

Download: New_York-2019-A08970-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8970

                   IN ASSEMBLY

                                     January 6, 2020
                                       ___________

        Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
          Committee on Governmental Employees

        AN ACT to amend the civil service, the general  municipal  law  and  the
          administrative code of the city of New York, in relation to the review
          of  certain  claims;  to amend a chapter of the laws of 2019, amending
          the general municipal law and other laws relating to  sick  leave  for
          officers and employees with a qualifying World Trade Center condition,
          as  proposed  in  legislative  bills numbers S.5890-A and A.7819-A, in
          relation to sick leave for certain individuals with a qualifying World
          Trade Center condition and rights of public  employers  and  employees
          relating  thereto;  and  to  repeal  certain  provisions  of the civil
          service law relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 1-a of section 6 of the civil service law, as
     2  added by a chapter of the laws of 2019, amending the  general  municipal
     3  law  and  other  laws  relating to sick leave for officers and employees
     4  with a qualifying World Trade Center condition as proposed  in  legisla-
     5  tive bills numbers S.5890-A and A.7819-A, is REPEALED.
     6    §  2.  Section  7  of the civil service law is amended by adding a new
     7  subdivision 8 to read as follows:
     8    8. The president shall have the power to review claims for  reimburse-
     9  ment  submitted  by  public  authorities or municipal corporations other
    10  than a city with a population of a million or more pursuant  to  section
    11  ninety-two-d  of  the  general  municipal law to determine if such claim
    12  shall be approved, reduced, amended or rejected. Such review and  deter-
    13  mination  shall  be  made in accordance with section ninety-two-d of the
    14  general municipal law.
    15    § 3. Section 92-d of the general municipal law, as amended by  section
    16  1  and  subdivisions  2, 3, 4, 5, 6, 7, and 8 as added by section 2 of a
    17  chapter of the laws of 2019, amending  the  general  municipal  law  and
    18  other  laws  relating  to  sick  leave for officers and employees with a
    19  qualifying World Trade Center  condition,  as  proposed  in  legislative
    20  bills numbers S.5890-A and A.7819-A, is amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03751-07-9
        A. 8970                             2

     1    §  92-d. Sick leave for officers and employees with a qualifying World
     2  Trade Center condition. 1.(a) Notwithstanding any  other  law,  rule  or
     3  regulation  to  the  contrary,  officers  and  employees of the state, a
     4  public authority or any municipal corporation outside of a city  with  a
     5  population  of  one million or more who have filed and received approval
     6  for such filed notice of participation in  World  Trade  Center  rescue,
     7  recovery  or  cleanup  operations  or  was  a participant in World Trade
     8  Center rescue, recovery, or cleanup operations as such term  is  defined
     9  in  section  one hundred sixty-one of the workers' compensation law, who
    10  does not have such filed and approved notice of  participation  and  has
    11  filed  a  notice of participation under section one hundred sixty-two of
    12  the workers' compensation law and is now employed by the state, a public
    13  authority, or any  municipal  corporation,  and  subsequently  [develop]
    14  developed  a  qualifying  World  Trade  Center  condition, as defined in
    15  section two of the retirement and social security law, shall, after  the
    16  receipt  of  a  written  request for line of duty sick leave, be granted
    17  line of duty sick leave commencing on the date that  such  employee  was
    18  diagnosed  with  a qualifying World Trade Center condition regardless of
    19  whether such officer or employee was employed  by  his  or  her  current
    20  employer at the time that such officer or employee participated in World
    21  Trade  Center  rescue,  recovery or cleanup operations.   The officer or
    22  employee shall be compensated at his or her  regular  rate  of  pay  for
    23  those  regular work hours during which the officer or employee is absent
    24  from work due to his or her qualifying  World  Trade  Center  condition.
    25  Such  leave  shall  be provided without loss of an officer or employee's
    26  accrued sick leave.
    27    (b) A public employer shall not  take  any  adverse  personnel  action
    28  against  a  public  employee regarding the employee's employment because
    29  either (i) the employee utilizes, or requests to utilize, sick leave  or
    30  any  other available leave due to a qualifying World Trade Center condi-
    31  tion, as such term is defined in  section  two  of  the  retirement  and
    32  social  security  law,  or  (ii)  the  employee  utilizes or requests to
    33  utilize line of duty sick leave provided by this section.
    34    (c) For purposes of this section, an "adverse personnel action"  means
    35  any  discipline,  including  issuing  a notice of discipline, discharge,
    36  suspension, demotion, penalization, or discrimination against an employ-
    37  ee utilizing line of duty sick leave pursuant to paragraph (a)  of  this
    38  subdivision.
    39    Nothing  in  this section shall [limit an employer's power pursuant to
    40  any other provision of law to  discipline  an  officer  or  employee  by
    41  termination,  reduction  of salary, or any other appropriate measure; to
    42  terminate an appointee who has not completed  his  or  her  probationary
    43  term; and to apply for ordinary or accident disability retirement for an
    44  officer  or  employee]  be  deemed to diminish or impair the rights of a
    45  public employee or employer under any law, rule, regulation  or  collec-
    46  tively  negotiated  agreement  or to prohibit any personnel action which
    47  otherwise would have been taken regardless of any  request  to  use,  or
    48  utilization  of, any sick leave or other available leave due to a quali-
    49  fying World Trade Center condition or request to use, or utilization of,
    50  any line of duty sick leave provided by this section.
    51    2.(a) Notwithstanding any other law, rule or regulation to the contra-
    52  ry, officers and employees of a city with a population of one million or
    53  more who (i) do not receive benefits similar to those provided  by  this
    54  section pursuant to a collectively bargained agreement, section 14-122.1
    55  of  the administrative code of the city of New York, section 15-108.1 of
    56  the administrative code of the city of  New  York,  or  other  statutory
        A. 8970                             3

     1  provision  and  (ii)  have  filed  and  received approval for such filed
     2  notice of participation in World Trade Center rescue, recovery or clean-
     3  up operations or was a participant in World Trade Center rescue,  recov-
     4  ery,  or  cleanup  operations  as  such  term  is defined in section one
     5  hundred sixty-one of the workers' compensation law, who  does  not  have
     6  such  filed  and approved notice of participation and has filed a notice
     7  of participation under section one hundred  sixty-two  of  the  workers'
     8  compensation  law  and is now employed by the state, a public authority,
     9  or any municipal corporation, and  subsequently  [develop]  developed  a
    10  qualifying  World  Trade  Center condition, as defined in section two of
    11  the retirement and social security law, shall, after receipt of a  writ-
    12  ten  request  for  line of duty sick leave, be granted line of duty sick
    13  leave commencing on the date that such employee  was  diagnosed  with  a
    14  qualifying World Trade Center condition regardless of whether such offi-
    15  cer  or employee was employed by his or her current employer at the time
    16  that such officer or employee participated in World Trade Center rescue,
    17  recovery or cleanup operations. The officer or employee shall be compen-
    18  sated at his or her regular rate of pay for  those  regular  work  hours
    19  during  which  the officer or employee is absent from work due to his or
    20  her qualifying  World  Trade  Center  condition.  Such  leave  shall  be
    21  provided without loss of an officer or employee's accrued sick leave.
    22    (b)  A  public  employer  shall  not take any adverse personnel action
    23  against a public employee regarding the  employee's  employment  because
    24  either  (i) the employee utilizes, or requests to utilize, sick leave or
    25  any other available leave due to a qualifying World Trade Center  condi-
    26  tion,  as  such  term  is  defined  in section two of the retirement and
    27  social security law, or  (ii)  the  employee  utilizes  or  requests  to
    28  utilize line of duty sick leave provided by this section.
    29    (c)  For purposes of this section, an "adverse personnel action" means
    30  any discipline, including issuing a  notice  of  discipline,  discharge,
    31  suspension, demotion, penalization, or discrimination against an employ-
    32  ee utilizing line of duty sick leave pursuant to subdivision one of this
    33  section.
    34    Nothing  in  this section shall [limit an employer's power pursuant to
    35  another provision of law to discipline an officer or employee by  termi-
    36  nation, reduction of salary, or any other appropriate measure; to termi-
    37  nate  an  appointee  who has not completed his or her probationary term;
    38  and to apply for ordinary or accident disability retirement for an offi-
    39  cer or employee] be deemed to diminish or impair the rights of a  public
    40  employee  or  employer  under  any law, rule, regulation or collectively
    41  negotiated agreement or to prohibit any personnel action which otherwise
    42  would have been taken regardless of any request to use,  or  utilization
    43  of,  any  sick  leave or other available leave due to a qualifying World
    44  Trade Center condition or request to use, or utilization of, any line of
    45  duty sick leave provided by this section.
    46    3. For purposes of this section, "cost" shall mean the number of  days
    47  of  sick  leave that must be restored to an officer or employee pursuant
    48  to subdivision one or two of this section multiplied by such officer  or
    49  employee's  wage  rate  at  the  time  that  such  sick  leave for which
    50  reimbursement is being sought was taken.
    51    4. A request, for line of duty sick leave  shall  be  in  writing  and
    52  include  a  waiver of the protection afforded to the officer or employee
    53  pursuant to the health insurance portability and accountability  act  to
    54  allow disclosure of the officer or employee's approved notice of partic-
    55  ipation  and  any  medical records concerning such officer or employee's
    56  notice of participation or qualifying World Trade  Center  condition  in
        A. 8970                             4

     1  the  possession  of the retirement system or workers' compensation board
     2  in which such officer or employee is a member for the purpose of review-
     3  ing, processing and auditing his or her claim  for  line  of  duty  sick
     4  leave.    Such  waiver  shall  be in the form required by the retirement
     5  system of which he or she is  a  member  or  the  workers'  compensation
     6  board,  along with the application for line of duty sick leave, with his
     7  or her employer.
     8    5. Notwithstanding any provision of law to the contrary, upon  request
     9  from  the  state, public authority or municipal corporation other than a
    10  city with a population of one million or more for a copy of an  approved
    11  notice of participation in World Trade Center rescue, recovery or clean-
    12  up operations for an officer or employee, the retirement system in which
    13  such  officer  or  employee  is  a  member  and to which such officer or
    14  employee filed his or her notice of participation in World Trade  Center
    15  rescue,  recovery or cleanup operations in accordance with paragraph (a)
    16  of subdivision thirty-six of section two of the  retirement  and  social
    17  security  law,  such  retirement system shall provide a verified copy of
    18  such approved notice of participation that includes the date  that  such
    19  notice  was  filed  to such requestor. A copy of such verified notice of
    20  participation shall be filed with any claim for reimbursement  submitted
    21  to  the  civil  service  [commission] department pursuant to subdivision
    22  four of this section. Except as required for filing, review,  and  audit
    23  purposes,  such  verified notice of participation and all copies of such
    24  verified notice shall be confidential  and  not  subject  to  disclosure
    25  pursuant to article six of the public officers law.
    26    6.  A public authority or municipal corporation other than a city with
    27  a population  of  one  million  or  more  shall  submit  any  claim  for
    28  reimbursement  under  this  section  to  the  civil service [commission]
    29  department. In accordance with  subdivision  [one-a]  eight  of  section
    30  [six]  seven  of  the  civil service law, the civil service [commission]
    31  department shall review each claim to determine if such claim  shall  be
    32  approved,  reduced,  amended or rejected and shall notify the submitting
    33  public authority or municipal corporation, within sixty days of  receipt
    34  of such claim, as to its determination. Such public authority or munici-
    35  pal  corporation  shall notify the civil service [commission] department
    36  within thirty days after receipt of  the  civil  service  [commission's]
    37  department's  notification,  as  to  its acceptance or rejection of such
    38  determination. Failure to  so  notify  the  civil  service  [commission]
    39  department  shall  constitute  an  acceptance  of  the determination. If
    40  accepted by such public authority or municipal corporation, such accept-
    41  ance shall constitute the final and conclusive  determination  for  such
    42  claim.  Notwithstanding any other law to the contrary, there shall be no
    43  appeal  of  such  determination  to  the  civil  service  commission. If
    44  rejected by such public authority or municipal corporation, such  public
    45  authority  or  municipal  corporation  [shall resubmit its claim, within
    46  thirty days after receipt of the civil  service  commission's  notifica-
    47  tion,  together  with  its  reasons  for  objection  and  any additional
    48  documentation which may justify its claim. Upon receipt of a resubmitted
    49  claim, the civil service commission shall review such claim  and  within
    50  sixty  days  of receipt of such resubmitted claim, make a final determi-
    51  nation as to the amount to be approved for such claim.  If  such  public
    52  authority  or  municipal  corporation  shall dispute such final determi-
    53  nation it] may commence an action[, within  sixty  days  of  such  final
    54  determination,  in  the court of claims which shall have jurisdiction to
    55  adjudicate the claim and enter judgment, which judgment shall be a final
    56  determination for purposes of this  section  and  shall  be  payable  in
        A. 8970                             5

     1  accordance  with  the provisions of this section] in accordance with the
     2  provisions of article seventy-eight of the civil practice law and rules.
     3    7.  The civil service [commission] department shall certify all claims
     4  for which a  final  determination  has  been  made.  The  civil  service
     5  [commission]  department shall submit all certified claims [to the comp-
     6  troller of the department of audit and control] for payment on or before
     7  the first day of the immediately succeeding month  during  which    such
     8  claim was certified.
     9    8.  All  claims certified by the civil service [commission] department
    10  shall be paid monthly [and shall be paid upon a warrant from  the  comp-
    11  troller].
    12    §  4.  Section  12-140  of  the administrative code of the city of New
    13  York, as added by a chapter of the laws of 2019,  amending  the  general
    14  municipal  law  and  other  laws relating to sick leave for officers and
    15  employees with a qualifying World Trade Center condition, as proposed in
    16  legislative bills numbers S.5890-A and A.7819-A, is amended to  read  as
    17  follows:
    18    § 12-140 Line of duty sick leave for World Trade Center rescue, recov-
    19  ery  or  cleanup operations.  (a) Notwithstanding any other law, rule or
    20  regulation to the contrary, officers and employees  of  a  city  with  a
    21  population  of one million or more who (i) do not receive benefits simi-
    22  lar to those  provided  by  this  section  pursuant  to  a  collectively
    23  bargained  agreement, section 14-122.1 of this code, section 15-108.1 of
    24  this code, or other statutory provision  and  (ii)  filed  and  received
    25  approval  for  such  filed notice of participation in World Trade Center
    26  rescue, recovery or cleanup operations or was  a  participant  in  World
    27  Trade  Center  rescue,  recovery,  or cleanup operations as such term is
    28  defined in section one hundred sixty-one of  the  workers'  compensation
    29  law,  who  does not have such filed and approved notice of participation
    30  and has filed a  notice  of  participation  under  section  one  hundred
    31  sixty-two of the workers' compensation law and is now employed by a city
    32  with  a  population  of  one million or more, and subsequently [develop]
    33  developed a qualifying World  Trade  Center  condition,  as  defined  in
    34  section  two  of  the  retirement  and social security law, shall, after
    35  receipt of a written request for line of duty  sick  leave,  be  granted
    36  line  of  duty  sick leave commencing on the date that such employee was
    37  diagnosed with a qualifying World Trade Center condition  regardless  of
    38  whether  such  officer  or  employee  was employed by his or her current
    39  employer at the time that such officer or employee participated in World
    40  Trade Center rescue, recovery or  cleanup  operations.  The  officer  or
    41  employee  shall  be  compensated  at  his or her regular rate of pay for
    42  those regular work hours during which the officer or employee is  absent
    43  from  work.  Such  leave shall be provided without loss of an officer or
    44  employee's accrued sick leave.
    45    (b) A public employer shall not  take  any  adverse  personnel  action
    46  against  a  public  employee regarding the employee's employment because
    47  either (i) the employee utilizes, or requests to utilize, sick leave  or
    48  any  other available leave due to a qualifying World Trade Center condi-
    49  tion, as such term is defined in  section  two  of  the  retirement  and
    50  social  security  law,  or  (ii)  the  employee  utilizes or requests to
    51  utilize line of duty sick leave provided by this section.
    52    (c) For purposes of this section, an "adverse personnel action"  means
    53  any  discipline,  including  issuing  a notice of discipline, discharge,
    54  suspension, demotion, penalization, or discrimination against an employ-
    55  ee utilizing line of duty sick leave pursuant to subdivision (a) of this
    56  section.   Nothing in this section  shall  [limit  an  employer's  power
        A. 8970                             6

     1  pursuant to another provision of law to discipline an officer or employ-
     2  ee  by  termination, reduction of salary, or any other appropriate meas-
     3  ure; to terminate an appointee who has not completed his or  her  proba-
     4  tionary   term;  and  to  apply  for  ordinary  or  accident  disability
     5  retirement for an officer or employee] be deemed to diminish  or  impair
     6  the  rights  of a public employee or employer under any law, rule, regu-
     7  lation or collectively negotiated agreement or to prohibit any personnel
     8  action which otherwise would have been taken regardless of  any  request
     9  to  use,  or utilization of, any sick leave or other available leave due
    10  to a qualifying World Trade Center  condition  or  request  to  use,  or
    11  utilization of, any line of duty sick leave provided by this section.
    12    §  5. Section 6 of a chapter of the laws of 2019, amending the general
    13  municipal law and other laws relating to sick  leave  for  officers  and
    14  employees with a qualifying World Trade Center condition, as proposed in
    15  legislative  bills  numbers S.5890-A and A.7819-A, is amended to read as
    16  follows:
    17    § 6. The commissioner of the department of civil service[, in  consul-
    18  tation with the state comptroller and the commissioner of the department
    19  of  taxation and finance, shall] may promulgate rules and regulations to
    20  assist with the implementation of section 92-d of the general  municipal
    21  law.   [Such rules and regulations shall be issued no later than 90 days
    22  after this act shall have  become  a  law.]  Notwithstanding  any  other
    23  provisions  to  the  contrary in the state administrative procedure act,
    24  such rules and regulations may be adopted  on  an  emergency  basis  [if
    25  necessary to meet such 90-day deadline].
    26    §  6.  This  act  shall  take  effect on the same date and in the same
    27  manner as a chapter of the laws of 2019, amending the general  municipal
    28  law  and  other  laws  relating to sick leave for officers and employees
    29  with a qualifying World Trade Center condition, as proposed in  legisla-
    30  tive bills numbers S.5890-A and A.7819-A, takes effect.