Bill Text: NY A05173 | 2023-2024 | General Assembly | Introduced

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Bill Title: Allows certain employees to transfer or receive sick time from a fellow employee.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-06-03 - reported referred to rules [A05173 Detail]

Download: New_York-2023-A05173-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5173

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 3, 2023
                                       ___________

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

        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-e to read as follows:
     3    §  159-e.  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
    24  participating employer in the New York state teachers' retirement system

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05932-01-3
        A. 5173                             2

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