Bill Text: NY S06525 | 2015-2016 | General Assembly | Amended


Bill Title: Relates to transfer of sick time.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-05-09 - PRINT NUMBER 6525B [S06525 Detail]

Download: New_York-2015-S06525-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         6525--B
                    IN SENATE
                                    January 22, 2016
                                       ___________
        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
          -- reported favorably from said committee and committed to the Commit-
          tee  on  Finance  --  committee  discharged,  bill  amended,   ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN ACT to amend the civil service law, in relation to transfer  of  sick
          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-d to read as follows:
     3    §  159-d.  Transfer of sick time. 1. For purposes of this section, the
     4  following terms shall have the following meanings:
     5    (a) "donor" shall mean an individual who donates sick time to a fellow
     6  employee;
     7    (b) "recipient" shall mean an individual  who  receives  donated  sick
     8  time from a fellow employee;
     9    (c)  "fellow  employee"  shall  mean  an individual employed under the
    10  jurisdiction of the same civil service commission as another;
    11    (d) "state commission" shall have  the  same  meaning  as  defined  in
    12  subdivision one of section two of this chapter; and
    13    (e)  "municipal  commission" shall have the same meaning as defined in
    14  subdivision four of section two of this chapter.
    15    2. Every public officer, employee of this state, employee of any coun-
    16  ty, employee of any community college, employee of any public authority,
    17  employee of any public benefit corporation, employee  of  any  board  of
    18  cooperative  educational  services  (BOCES),  employee of any vocational
    19  education and extension  board,  or  a  school  district  enumerated  in
    20  section  one  of  chapter five hundred sixty-six of the laws of nineteen
    21  hundred sixty-seven, employee  of  any  municipality,  employee  of  any
    22  school  district  or any employee of a participating employer in the New
    23  York state and local employees' retirement system or any employee  of  a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10147-08-6

        S. 6525--B                          2
     1  participating employer in the New York state teachers' retirement system
     2  shall be entitled to transfer or receive sick time from a fellow employ-
     3  ee.
     4    3.  In  order  to  transfer  such sick time the following restrictions
     5  shall apply:
     6    (a) An employee under the jurisdiction of the state  commission  shall
     7  only  be  permitted  to receive donated sick time from a fellow employee
     8  under the jurisdiction of the state commission;
     9    (b) An employee under the jurisdiction  of  any  municipal  commission
    10  shall  only  be  permitted  to  receive  donated sick time from a fellow
    11  employee under the jurisdiction of the same municipal commission;
    12    (c) An employee under the jurisdiction of a school district shall only
    13  be permitted to receive donated sick time from a fellow  employee  under
    14  the jurisdiction of the same school district;
    15    (d)  A  recipient  shall  only be permitted to receive and use donated
    16  sick time from a fellow employee if such  recipient  has  exhausted  all
    17  personal sick time. Personal sick time shall be deemed exhausted when an
    18  employee  has  a  balance of zero hours or less than the number of hours
    19  necessary to complete approved sick leave; and
    20    (e) An employer may  reserve  the  right  to  require  that  employees
    21  provide  a  written  referral  from a physician or other duly authorized
    22  health care provider or proof of familial emergency for such sick  leave
    23  to be approved.
    24    4.  Nothing  in  this section shall be deemed to supersede or diminish
    25  the terms, rights, privileges, or remedies of  any  employee  under  any
    26  collective bargaining agreement or employment contract.
    27    § 2. This act shall take effect immediately.
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