S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2588--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2021
                                ___________
 
 Introduced  by Sens. GOUNARDES, BROUK, HINCHEY, REICHLIN-MELNICK, RIVERA
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Civil Service and Pensions --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee

 AN ACT to amend the civil service law, in relation  to  leave  time  for
   COVID-19  vaccination; and providing for the repeal of such provisions
   upon the expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  civil service law is amended by adding a new section
 159-c to read as follows:
   § 159-C. LEAVE TIME FOR COVID-19 VACCINATION. 1. EVERY PUBLIC OFFICER,
 EMPLOYEE OF THIS STATE, EMPLOYEE OF ANY COUNTY, EMPLOYEE OF ANY COMMUNI-
 TY COLLEGE, EMPLOYEE OF ANY PUBLIC AUTHORITY,  EMPLOYEE  OF  ANY  PUBLIC
 BENEFIT  CORPORATION,  EMPLOYEE  OF ANY BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES (BOCES), EMPLOYEE OF ANY  VOCATIONAL  EDUCATION  AND  EXTENSION
 BOARD,  OR  A  SCHOOL DISTRICT ENUMERATED IN SECTION ONE OF CHAPTER FIVE
 HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED SIXTY-SEVEN,  EMPLOYEE
 OF  ANY MUNICIPALITY, EMPLOYEE OF ANY SCHOOL DISTRICT OR ANY EMPLOYEE OF
 A PARTICIPATING EMPLOYER IN THE NEW  YORK  STATE  AND  LOCAL  EMPLOYEES'
 RETIREMENT SYSTEM OR ANY EMPLOYEE OF A PARTICIPATING EMPLOYER IN THE NEW
 YORK  STATE  TEACHERS'  RETIREMENT  SYSTEM  SHALL  BE ENTITLED TO ABSENT
 HIMSELF OR HERSELF AND SHALL BE DEEMED TO HAVE A PAID LEAVE  OF  ABSENCE
 FROM  HIS  OR HER DUTIES OR SERVICE FOR A SUFFICIENT PERIOD OF TIME, NOT
 TO EXCEED FOUR HOURS PER  VACCINE  INJECTION,  UNLESS  SUCH  OFFICER  OR
 EMPLOYEE  SHALL  RECEIVE A GREATER NUMBER OF HOURS PURSUANT TO A COLLEC-
 TIVELY BARGAINED AGREEMENT OR AS OTHERWISE AUTHORIZED BY  THE  EMPLOYER,
 TO BE VACCINATED FOR COVID-19.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08673-09-1

              

 S. 2588--A                          2
 
   2.  THE ENTIRE PERIOD OF THE LEAVE OF ABSENCE GRANTED PURSUANT TO THIS
 SECTION SHALL BE EXCUSED LEAVE AND SHALL  NOT  BE  CHARGED  AGAINST  ANY
 OTHER LEAVE SUCH PUBLIC OFFICER OR EMPLOYEE IS OTHERWISE ENTITLED TO.
   3. NOTHING IN THIS SECTION SHALL BE DEEMED TO IMPEDE, INFRINGE, DIMIN-
 ISH OR IMPAIR THE RIGHTS OF A PUBLIC EMPLOYEE OR EMPLOYER UNDER ANY LAW,
 RULE, REGULATION OR COLLECTIVELY NEGOTIATED AGREEMENT, OR THE RIGHTS AND
 BENEFITS  WHICH ACCRUE TO EMPLOYEES THROUGH COLLECTIVE BARGAINING AGREE-
 MENTS, OR OTHERWISE DIMINISH THE INTEGRITY OF  THE  EXISTING  COLLECTIVE
 BARGAINING AGREEMENT.
   § 2. The labor law is amended by adding a new section 196-c to read as
 follows:
   §  196-C. LEAVE TIME FOR COVID-19 VACCINATION. 1. EVERY EMPLOYEE SHALL
 BE PROVIDED A PAID LEAVE OF ABSENCE FROM  HIS  OR  HER  EMPLOYER  FOR  A
 SUFFICIENT  PERIOD  OF  TIME,  NOT  TO  EXCEED  FOUR  HOURS  PER VACCINE
 INJECTION, UNLESS SUCH EMPLOYEE SHALL RECEIVE A GREATER NUMBER OF  HOURS
 PURSUANT  TO  A COLLECTIVELY BARGAINED AGREEMENT OR AS OTHERWISE AUTHOR-
 IZED BY THE EMPLOYER, TO BE VACCINATED FOR COVID-19.
   2. THE ENTIRE PERIOD OF THE LEAVE OF ABSENCE GRANTED PURSUANT TO  THIS
 SECTION  SHALL  BE  PROVIDED  AT  THE EMPLOYEE'S REGULAR RATE OF PAY AND
 SHALL NOT BE CHARGED AGAINST ANY OTHER LEAVE SUCH EMPLOYEE IS  OTHERWISE
 ENTITLED  TO, INCLUDING SICK LEAVE PURSUANT TO SECTION ONE HUNDRED NINE-
 TY-SIX-B OF THIS ARTICLE, OR ANY LEAVE PROVIDED PURSUANT TO A COLLECTIVE
 BARGAINING AGREEMENT.
   3. THE PROVISIONS OF THIS  SECTION  MAY  BE  WAIVED  BY  A  COLLECTIVE
 BARGAINING  AGREEMENT,  PROVIDED  THAT  FOR  SUCH WAIVER TO BE VALID, IT
 SHALL EXPLICITLY REFERENCE THIS SECTION OF LAW.
   § 3. No employer or his or her agent, or the officer or agent  of  any
 corporation,  partnership,  or  limited  liability company, or any other
 person, shall discharge, threaten, penalize,  or  in  any  other  manner
 discriminate or retaliate against any employee because such employee has
 exercised  his or her rights afforded under this act, including, but not
 limited to, requesting or obtaining a leave of absence to be  vaccinated
 for COVID-19.
   §  4.  This  act shall take effect immediately and shall expire and be
 deemed repealed December 31, 2022.