NY State Senate Bill 2019-S1442

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to civil service and pensions
Jun 20, 2019	committed to rules
Feb 11, 2019	advanced to third reading
Feb 05, 2019	2nd report cal.
Feb 04, 2019	1st report cal.107
Jan 14, 2019	referred to civil service and pensions

Votes

- Feb 4, 2019 - Civil Service And Pensions Committee Vote
  S1442
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: Feb 4, 2019
      
      aye (6)
      
      Addabbo Jr.
      
      Funke
      
      Gounardes
      
      Jackson
      
      Kaminsky
      
      Savino
      
      aye wr (1)
      
      Lanza

2019-S1442 (ACTIVE) - Details

See Assembly Version of this Bill:: A8332
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Add §159-c, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6525
2017-2018: S4097
2021-2022: S5096, A6919
2023-2024: S2011, A5173

2019-S1442 (ACTIVE) - Summary

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

2019-S1442 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1442

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the civil service law, in relation to transfer of sick
time

 
PURPOSE:

To establish that every public employee shall be entitled to transfer
sick time to fellow employees.

 
SUMMARY OF PROVISIONS:

Section 1 amends the civil service law by adding a new section 159-d
providing public employees can transfer sick time to fellow employees.
An employee under the jurisdiction of the state civil service commission
shall only be permitted to receive donated sick time from a fellow
employee under the jurisdiction of the state commission; an employee
under the jurisdiction of a municipal civil service commission shall

only be permitted to receive donated sick time from a fellow employee
under the jurisdiction of the same municipal commission; and an employee
under the jurisdiction of a school district shall only be permitted to
receive donated sick time from a fellow employee under the jurisdiction
of the same school district. A recipient shall only be permitted to
receive and use donated sick time after exhausting all personal sick
time. The employer may reserve the right to require a written referral
from a physician or health care provider or proof of familial emergency.
The terms, rights, privileges or remedies of any employee under any
collective bargaining agreement or employment contract are not to be
superseded or diminished by this act.

Section 2 provides this act shall take effect immediately.

 
EXISTING LAW:

New Law

 
JUSTIFICATION:

Many employees do not receive ample sick time, while others do not need
to use all of the sick time they've accrued. Guaranteeing the transfer
of sick time provides a method for allowing employees who need it to
take more time off while ensuring those additional hours are covered by
healthy colleagues. This is policy that will strengthen the rights of
workers, increasing productivity and generating positive employment
outcomes, with no significant cost.

 
LEGISLATIVE HISTORY:

01/22/16 REFERRED TO CIVIL SERVICE AND PENSIONS

03/07/16 REPORTED AND COMMITTED TO FINANCE

04/15/16 AMEND AND RECOMMIT TO FINANCE

04/15/16 PRINT NUMBER 6525A

05/09/16 AMEND AND RECOMMIT TO FINANCE

05/09/16 PRINT NUMBER 6525B

 
FISCAL IMPLICATIONS:

No significant impact

 
LOCAL FISCAL IMPLICATIONS:

No significant impact

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S1442 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1442
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 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:

   Section 1. The civil service law is amended by adding  a  new  section
 159-c to read as follows:
   §  159-C.  TRANSFER OF SICK TIME. 1. FOR PURPOSES OF THIS SECTION, THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "DONOR" SHALL MEAN AN INDIVIDUAL WHO DONATES SICK TIME TO A FELLOW
 EMPLOYEE;
   (B) "RECIPIENT" SHALL MEAN AN INDIVIDUAL  WHO  RECEIVES  DONATED  SICK
 TIME FROM A FELLOW EMPLOYEE;
   (C)  "FELLOW  EMPLOYEE"  SHALL  MEAN  AN INDIVIDUAL EMPLOYED UNDER THE
 JURISDICTION OF THE SAME CIVIL SERVICE COMMISSION AS ANOTHER;
   (D) "STATE COMMISSION" SHALL HAVE  THE  SAME  MEANING  AS  DEFINED  IN
 SUBDIVISION ONE OF SECTION TWO OF THIS CHAPTER; AND
   (E)  "MUNICIPAL  COMMISSION" SHALL HAVE THE SAME MEANING AS DEFINED IN
 SUBDIVISION FOUR OF SECTION TWO OF THIS CHAPTER.
   2. EVERY PUBLIC OFFICER, EMPLOYEE OF THIS STATE, EMPLOYEE OF ANY COUN-
 TY, EMPLOYEE OF ANY COMMUNITY 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06143-01-9

 S. 1442                             2
 
 SHALL BE ENTITLED TO TRANSFER OR RECEIVE SICK TIME FROM A FELLOW EMPLOY-
 EE.
   3.  IN  ORDER  TO  TRANSFER  SUCH SICK TIME THE FOLLOWING RESTRICTIONS
 SHALL APPLY:
   (A) AN EMPLOYEE UNDER THE JURISDICTION OF THE STATE  COMMISSION  SHALL
 ONLY  BE  PERMITTED  TO RECEIVE DONATED SICK TIME FROM A FELLOW EMPLOYEE
 UNDER THE JURISDICTION OF THE STATE COMMISSION;
   (B) AN EMPLOYEE UNDER THE JURISDICTION  OF  ANY  MUNICIPAL  COMMISSION
 SHALL  ONLY  BE  PERMITTED  TO  RECEIVE  DONATED SICK TIME FROM A FELLOW
 EMPLOYEE UNDER THE JURISDICTION OF THE SAME MUNICIPAL COMMISSION;
   (C) AN EMPLOYEE UNDER THE JURISDICTION OF A SCHOOL DISTRICT SHALL ONLY
 BE PERMITTED TO RECEIVE DONATED SICK TIME FROM A FELLOW  EMPLOYEE  UNDER
 THE JURISDICTION OF THE SAME SCHOOL DISTRICT;
   (D)  A  RECIPIENT  SHALL  ONLY BE PERMITTED TO RECEIVE AND USE DONATED
 SICK TIME FROM A FELLOW EMPLOYEE IF SUCH  RECIPIENT  HAS  EXHAUSTED  ALL
 PERSONAL SICK TIME. PERSONAL SICK TIME SHALL BE DEEMED EXHAUSTED WHEN AN
 EMPLOYEE  HAS  A  BALANCE OF ZERO HOURS OR LESS THAN THE NUMBER OF HOURS
 NECESSARY TO COMPLETE APPROVED SICK LEAVE; AND
   (E) AN EMPLOYER MAY  RESERVE  THE  RIGHT  TO  REQUIRE  THAT  EMPLOYEES
 PROVIDE  A  WRITTEN  REFERRAL  FROM A PHYSICIAN OR OTHER DULY AUTHORIZED
 HEALTH CARE PROVIDER OR PROOF OF FAMILIAL EMERGENCY FOR SUCH SICK  LEAVE
 TO BE APPROVED.
   4.  NOTHING  IN  THIS SECTION SHALL BE DEEMED TO SUPERSEDE OR DIMINISH
 THE TERMS, RIGHTS, PRIVILEGES, OR REMEDIES OF  ANY  EMPLOYEE  UNDER  ANY
 COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT CONTRACT.
   § 2. This act shall take effect immediately.

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Senate Bill S1442

Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Feb 4, 2019 - Civil Service And Pensions Committee Vote

Civil Service And Pensions Committee Vote: Feb 4, 2019

2019-S1442 (ACTIVE) - Details

2019-S1442 (ACTIVE) - Summary

2019-S1442 (ACTIVE) - Sponsor Memo

2019-S1442 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1442

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Sponsored By

James Sanders Jr.

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

2019-S1442 (ACTIVE) - Details

2019-S1442 (ACTIVE) - Summary

2019-S1442 (ACTIVE) - Sponsor Memo

2019-S1442 (ACTIVE) - Bill Text download pdf

Comments