S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5101

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2011
                               ___________

Introduced by M. of A. OAKS, CALHOUN, CROUCH, HAWLEY, MONTESANO, SALADI-
  NO  -- Multi-Sponsored by -- M. of A. BARCLAY, BURLING, BUTLER, CONTE,
  CORWIN, DUPREY, FINCH, FITZPATRICK, JORDAN, KOLB, McDONOUGH,  McLAUGH-
  LIN, J. MILLER, MOLINARO, PALMESANO, RABBITT, RAIA, SAYWARD, THIELE --
  read once and referred to the Committee on Governmental Employees

AN  ACT  to  amend  the  civil service law, in relation to directing the
  granting of excused leave to civil service employees who  are  members
  of  a  volunteer  fire  department  or a volunteer ambulance or rescue
  squad during a state of emergency

  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 88
to read as follows:
  S 88. EXCUSED LEAVE DURING A STATE OF EMERGENCY. 1. EVERY PERSON HOLD-
ING  A POSITION IN THE CIVIL SERVICE WHO IS A MEMBER OF A VOLUNTEER FIRE
DEPARTMENT OR OF A VOLUNTEER AMBULANCE SQUAD SHALL BE ENTITLED TO ABSENT
HIMSELF OR HERSELF AND SHALL BE DEEMED TO HAVE A LEAVE OF  ABSENCE  FROM
HIS  OR  HER  DUTIES OR SERVICE AS SUCH CIVIL SERVICE EMPLOYEE, DURING A
STATE OF EMERGENCY AS DECLARED BY THE FEDERAL, THE STATE OR A  MUNICIPAL
GOVERNMENT,  WHEN  SUCH  CIVIL  SERVICE  EMPLOYEE IS REQUIRED TO PERFORM
DUTIES OR SERVICES FOR SUCH VOLUNTEER DEPARTMENT OR SQUAD AS THE  RESULT
OF THE STATE OF EMERGENCY.
  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 CIVIL SERVICE EMPLOYEE IS OTHERWISE ENTITLED TO.
  3.  EVERY  CIVIL SERVICE EMPLOYEE TAKING SUCH A LEAVE OF ABSENCE SHALL
MAINTAIN A LOG OF ALL VOLUNTEER HOURS  PERFORMED  DURING  THE  STATE  OF
EMERGENCY.  SUCH  LOG SHALL BE SIGNED BY THE EMPLOYEE AND A LINE OFFICER
OF THE VOLUNTEER  ORGANIZATION,  AND  BE  SUBMITTED  TO  THE  EMPLOYEE'S
EMPLOYER.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD04305-01-1