NY State Senate Bill 2017-S9033

Senate Bill S9033

2017-2018 Legislative Session

Relates to prohibiting discrimination against police and firefighters injured in the line of duty

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2018	referred to rules

2017-S9033 (ACTIVE) - Details

See Assembly Version of this Bill:: A11259
Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Add §215-d, Lab L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4162, A7641
2021-2022: A9318
2023-2024: A7198

2017-S9033 (ACTIVE) - Summary

Relates to prohibiting discrimination against police and firefighters injured in the line of duty; prohibits the city of New York and the NYC police and fire departments from penalizing members injured in the line of duty in any manner including transfer, denial of promotion, dismissal or any other actions related to a member's medical leave.

2017-S9033 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9033

SPONSOR: GOLDEN
 
TITLE OF BILL:  An act to amend the labor law, in relation to prohib-
iting discrimination against certain police officers and firefighters
for injuries in the line of duty

 
PURPOSE OR GENERAL IDEA OF BILL:

Prohibit the City of New York and its police and fire agencies from
penalizing members of the New York City police department or the fire
department of the City of New York based on illness or injury incurred
in the line of duty.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends the Labor Law to add a new section 215-d
to prohibit the City of New York, the New York City police department
(NYPD), the fire department of the City of New York (FDNY), and their
authorized agents from penalizing or threatening to penalize members of
the NYPD or the FDNY based on the members' illness or injury incurred in

the line of duty, or duty status, sick leave status, medical leave
status, or number of occurrences or duration of sick leave or medical
leave, relating to any illness or injury incurred in the line of duty.

The bill would also provide that any member penalized or threatened to
be penalized may institute a grievance proceeding pursuant to a collec-
tive bargaining agreement or a civil action, within one year after the
penalty or threat thereof occurring or as discovered by the member,
whichever is later. A violation of this prohibition shall be reversed,
and the member shall be restored to his or her previously assigned posi-
tion of employment and shall be compensated by the employer for any loss
of wages arising from such penalty. A member who shall cease to be qual-
ified to perform the duties of their employment shall not be entitled to
be restored to their previously assigned position of employment.

Section two of the bill states that the act shall take effect immediate-
ly.

 
JUSTIFICATION:

Unlike other agencies around New York State, the NYPD and FDNY do not
impose fixed limits on the use sick or medical leave by their uniformed
members. However, both the NYPD and FDNY closely monitor members'
sick/medical leave usage, and impose real and serious employment conse-
quences for any utilization deemed to be excessive.  When making such
determinations, both departments also include instances of sick/medical
leave arising from the recurrence of injuries or illness sustained in
the line of duty.

It is patently unjust and illogical for the NYPD and FDNY to penalize
their members for injuries and illnesses arising from their service to
the City. This bill would correct this injustice by prohibiting the City
of New York, the NYPD and the FDNY from penalizing or threatening to
penalize members' for their use of sick/medical leave arising from line
of duty injury or illness, and would allow members so penalized to seek
relief through collectively-bargained grievance processes or through a
civil action and to have his or her penalty or penalties reversed. This
common-sense solution would reinforce for New York City police officers
and firefighters that their sacrifices are valued and supported by the
City they serve.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S9033 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9033
 
                             I N  S E N A T E
 
                               June 14, 2018
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the labor law, in relation to prohibiting discrimination
   against certain police officers and firefighters for injuries  in  the
   line of duty
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new section  215-d  to
 read as follows:
   § 215-D. DISCRIMINATION AGAINST CERTAIN POLICE OFFICERS AND FIREFIGHT-
 ERS  FOR  LINE  OF  DUTY  INJURIES.  1.  NOTWITHSTANDING ANYTHING TO THE
 CONTRARY IN ANY OTHER LAW, RULE OR REGULATION, THE CITY OF NEW YORK, THE
 NEW YORK CITY POLICE DEPARTMENT, THE FIRE DEPARTMENT OF THE CITY OF  NEW
 YORK,  AND  THOSE  ENTITIES' AUTHORIZED AGENTS, SHALL NOT, IN ANY MANNER
 PENALIZE OR THREATEN TO PENALIZE, EXPRESSLY OR  IMPLIEDLY,  A  UNIFORMED
 MEMBER  OR  MEMBERS  OF  THE NEW YORK CITY POLICE DEPARTMENT OR THE FIRE
 DEPARTMENT OF THE CITY OF NEW YORK, AS TO THEIR EMPLOYMENT IN A  MANNER,
 INCLUDING,  BUT  NOT  LIMITED TO, A TRANSFER, REASSIGNMENT, A SCHEDULING
 CHANGE, AN ADVERSE EVALUATION, A CONSTRUCTIVE DISMISSAL, THE DENIAL OF A
 PROMOTION, THE DENIAL OF OVERTIME, PLACEMENT IN OR CONTINUATION  OF  ANY
 PROGRAM  INTENDED  TO  MONITOR  A  MEMBER'S PERFORMANCE OR SICK LEAVE OR
 MEDICAL LEAVE STATUS, DENIAL OF  ANY  OTHER  DISCRETIONARY  BENEFIT,  OR
 DENIAL,  SUSPENSION  OR CANCELLATION OF ANY PROGRAM OR BENEFIT AVAILABLE
 TO A MEMBER OR MEMBERS PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT  OR
 OTHER  AGREEMENT  BETWEEN THE CITY OF NEW YORK OR ITS MUNICIPAL AGENCIES
 AND A CERTIFIED EMPLOYEE ORGANIZATION, BASED IN WHOLE OR IN PART ON SUCH
 MEMBERS' ILLNESS OR INJURY INCURRED IN THE LINE OF DUTY, OR DUTY STATUS,
 SICK LEAVE STATUS, MEDICAL LEAVE STATUS, OR  NUMBER  OF  OCCURRENCES  OR
 DURATION  OF  SICK  LEAVE  OR  MEDICAL LEAVE, RELATING TO ANY ILLNESS OR
 INJURY INCURRED IN THE LINE OF DUTY.
   2. ANY MEMBER OR MEMBERS PENALIZED OR THREATENED TO  BE  PENALIZED  IN
 VIOLATION  OF SUBDIVISION ONE OF THIS SECTION MAY CAUSE TO BE INSTITUTED
 A GRIEVANCE PROCEEDING  PURSUANT  TO  THE  PROVISIONS  OF  A  COLLECTIVE
 BARGAINING AGREEMENT, IF ANY, OR MAY INSTITUTE A CIVIL ACTION IN A COURT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16235-01-8

 S. 9033                             2
 
 OF  COMPETENT  JURISDICTION WITHIN ONE YEAR AFTER THE ALLEGED PENALTY OR
 THREAT OF PENALTY TOOK PLACE, OR WAS OTHERWISE DISCOVERED BY THE  MEMBER
 OR  MEMBERS,  WHICHEVER  IS  LATER.  ANY  MEMBER OR MEMBERS PENALIZED IN
 VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL HAVE ANY SUCH PENALTY
 REVERSED,  SHALL  BE  RESTORED  TO THEIR PREVIOUSLY ASSIGNED POSITION OF
 EMPLOYMENT AND SHALL BE COMPENSATED BY THEIR EMPLOYER FOR  ANY  LOSS  OF
 WAGES  ARISING  FROM  SUCH  PENALTY;  PROVIDED,  THAT  IF SUCH MEMBER OR
 MEMBERS SHALL CEASE TO BE QUALIFIED  TO  PERFORM  THE  DUTIES  OF  THEIR
 EMPLOYMENT THEY SHALL NOT BE ENTITLED TO BE RESTORED TO THEIR PREVIOUSLY
 ASSIGNED POSITION OF EMPLOYMENT.
   § 2. This act shall take effect immediately.

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