NY State Senate Bill 2019-S8456

Senate Bill S8456

2019-2020 Legislative Session

Provides line of duty sick leave for first responders who are diagnosed with or display symptoms of a pandemic virus

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2020	referred to local government

2019-S8456 (ACTIVE) - Details

See Assembly Version of this Bill:: A10476
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add §92-e, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1618, A2597
2023-2024: S5843, A2046

2019-S8456 (ACTIVE) - Summary

Provides line of duty sick leave for first responders who are diagnosed with or display symptoms of a pandemic virus.

2019-S8456 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8456

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to line of duty
sick leave for first responders due to a pandemic virus

 
PURPOSE:

The intent of this legislation is to assure line of duty sick leave for
frontline/first responders who are diagnosed with or display symptoms of
a pandemic (COVID-19) virus is given during a national or state of emer-
gency.

 
SUMMARY OF PROVISIONS:

Section 1 of the general municipal law is amended by adding section
92-e. Sick leave for officers and employees due to a pandemic virus.
Any police officer as defined by subdivision thirty-four of section 120
of the criminal procedure law, member of and organized fire company or

fire department of a city, town, village or fire district, emergency
medical technician or advanced emergency medical technician as such
terms are defined by section three thousand one of the public health
law, or paramedic who was exposed or came into contact with a pandemic
virus and such individual tests positive for, or displays symptoms of
such pandemic virus, shall, after submitting to his or her employer a
written request for line of duty sick leave, be granted line of duty
sick leave commencing on the date that such employee was diagnosed with
or began displaying symptoms of the pandemic virus. Such officer or
employee shall be compensated at his or her regular rate of pay for
those regular work hours during which such officer or employees is
absent from work hours during which such officer or employee is absent
from work due to his or her diagnosis or symptoms of a pandemic virus.
Such leave shall be provided without loss of an officer or employee's
accrued sick leave.

An employer shall not take any adverse personal action against an
employee regarding such employee's employment or request to utilize line
of duty sick leave. A request for the line of duty sick leave shall be
in writing and include a waiver of the protection afford to the officer
or employee pursuant to the health insurance portability and account-
ability act to allow disclosure of the officers or employees exposure or
contact with a pandemic virus and any medical records concerning such
officers or employees notice of exposure or contact with such pandemic
virus.

Nothing in this section shall limit an employer's power pursuant to any
other provision of law to disclose an officer or employee by termini
nation, reduction in salary, or any other appropriate measure; to termi-
nate an appointee who has not completed his or her probationary term,
and to apply for ordinary or accident disability retirement for an offi-
cer or employee.

Pandemic virus," shall mean a virus this is classified as a pandemic by
the World Health Organization which causes the governor to declare a
state declaration of disaster emergency pursuant to section twenty-eight
of the executive law.

Section 2: The state shall reimburse and public authority or Municipal
Corporation of less than .one million people for the cost of any line of
duty sick leave granted pursuant to this act.

Section 3: This act shall take effect immediately.

 
JUSTIFICATION:

During any crisis or pandemic it is the first responders that are not
able to shelter in place during the nation's health emergency. They
often asked to be out on the streets or within health care facilities
interacting with both healthy New Yorkers and sick ones, often without
adequate protective equipment.

The coronavirus pandemic is impacting nearly every element of public
life, and first responders are increasingly on the frontlines of the
crisis. EMS workers are struggling to keep up with the influx of 9-1-1
calls, police departments are facing a worst-case scenario with large
numbers of the workforce out sick or in quarantine, and already-short-
handed fire departments are keeping communities safe amid volunteer
shortages.

In New York City alone, first responders are getting up to over 75% more
9-1-1 calls than usual, and the pressure and ceaseless nature of the
virus frontlines is taking a toll on even the most veteran workers. EMS
workers reported responding to around 7,000-8,000 9-1-1 calls per day,
up to 75% more than normal call-volume, and instead of the 50-70 cardiac
arrests per day, the current number tallies around 300. Police depart-
ments have been equally hard-hit by COVID-19. On April 3, the New York
City Police Department reported that 1 in 6 NYPD officers were out sick
or in quarantine. While certain action has been addressed in federal
relief legislation, the legislation only adds temporary relief.

There are certain agencies that have regulations that state an employee
who reports to work displaying symptoms must be encouraged to voluntar-
ily absent themselves with charge to leave accruals.  Potential motiva-
tors include emphasizing that when sick, absenting oneself helps protect
everyone, including co-workers and patients, and helps ensure they take
a moment to assess their own well-being.  If after encouragement, an
employee refuses to voluntarily absent themselves the employee must be
directed to go home and HR must be immediately notified of the direc-
tive. Once HR is notified, they will provide direction regarding leave
accruals. This legislation intent is to make line of duty sick leave for
first responders due to a pandemic virus permanent in the state of New
York.

 
LEGISLATIVE HISTORY:

New

 
FISCAL IMPLICATIONS:

Yet to be determined

 
EFFECTIVE DATE:

2019-S8456 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8456
 
                             I N  S E N A T E
 
                               June 3, 2020
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal law, in relation to line  of  duty
   sick leave for first responders due to a pandemic virus
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general municipal  law  is  amended  by  adding  a  new
 section 92-e to read as follows:
   § 92-E. SICK LEAVE FOR OFFICERS AND EMPLOYEES DUE TO A PANDEMIC VIRUS.
 1.(A) NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
 ANY POLICE OFFICER AS DEFINED BY SUBDIVISION THIRTY-FOUR OF SECTION 1.20
 OF  THE  CRIMINAL  PROCEDURE LAW, MEMBER OF AN ORGANIZED FIRE COMPANY OR
 FIRE DEPARTMENT OF A CITY, TOWN, VILLAGE  OR  FIRE  DISTRICT,  EMERGENCY
 MEDICAL  TECHNICIAN  OR  ADVANCED  EMERGENCY  MEDICAL TECHNICIAN AS SUCH
 TERMS ARE DEFINED BY SECTION THREE THOUSAND ONE  OF  THE  PUBLIC  HEALTH
 LAW,  OR  PARAMEDIC WHO WAS EXPOSED OR CAME INTO CONTACT WITH A PANDEMIC
 VIRUS AND SUCH INDIVIDUAL TESTS POSITIVE FOR, OR DISPLAYS  SYMPTOMS  OF,
 SUCH  PANDEMIC  VIRUS,  SHALL, AFTER SUBMITTING TO HIS OR HER EMPLOYER A
 WRITTEN REQUEST FOR LINE OF DUTY SICK LEAVE, BE  GRANTED  LINE  OF  DUTY
 SICK  LEAVE COMMENCING ON THE DATE THAT SUCH EMPLOYEE WAS DIAGNOSED WITH
 OR BEGAN DISPLAYING SYMPTOMS OF THE PANDEMIC VIRUS.    SUCH  OFFICER  OR
 EMPLOYEE  SHALL  BE  COMPENSATED  AT  HIS OR HER REGULAR RATE OF PAY FOR
 THOSE REGULAR WORK HOURS DURING WHICH SUCH OFFICER OR EMPLOYEE IS ABSENT
 FROM WORK DUE TO HIS OR HER DIAGNOSIS OR SYMPTOMS OF A  PANDEMIC  VIRUS.
 SUCH  LEAVE  SHALL  BE PROVIDED WITHOUT LOSS OF AN OFFICER OR EMPLOYEE'S
 ACCRUED SICK LEAVE.
   (B) AN EMPLOYER SHALL NOT TAKE ANY ADVERSE PERSONNEL ACTION AGAINST AN
 EMPLOYEE REGARDING SUCH EMPLOYEE'S EMPLOYMENT BECAUSE  EITHER  (I)  SUCH
 EMPLOYEE  UTILIZES,  OR  REQUESTS  TO  UTILIZE,  SICK LEAVE OR ANY OTHER
 AVAILABLE LEAVE DUE TO A PANDEMIC VIRUS, OR (II) SUCH EMPLOYEE  UTILIZES
 OR REQUESTS TO UTILIZE LINE OF DUTY SICK LEAVE PROVIDED BY THIS SECTION.
   2.  (A)  NOTWITHSTANDING  ANY  OTHER  LAW,  RULE  OR REGULATION TO THE
 CONTRARY, ANY POLICE OFFICER AS DEFINED BY  SUBDIVISION  THIRTY-FOUR  OF
 SECTION  1.20 OF THE CRIMINAL PROCEDURE LAW, MEMBER OF AN ORGANIZED FIRE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16131-02-0

 S. 8456                             2

 COMPANY OR FIRE DEPARTMENT OF A CITY, TOWN, VILLAGE  OR  FIRE  DISTRICT,
 EMERGENCY MEDICAL TECHNICIAN OR ADVANCED EMERGENCY MEDICAL TECHNICIAN AS
 SUCH  TERMS  ARE  DEFINED  BY  SECTION  THREE THOUSAND ONE OF THE PUBLIC
 HEALTH  LAW,  OR PARAMEDIC, WHO DO NOT RECEIVE BENEFITS SIMILAR TO THOSE
 PROVIDED BY THIS SECTION PURSUANT TO A COLLECTIVELY BARGAINED AGREEMENT,
 SECTION 14-122.1 OF THE ADMINISTRATIVE CODE OF THE  CITY  OF  NEW  YORK,
 SECTION  15-108.1 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, OR
 OTHER STATUTORY PROVISION AND WHO WAS EXPOSED OR CAME INTO CONTACT  WITH
 A  PANDEMIC  VIRUS  AND  SUCH  INDIVIDUAL TESTS POSITIVE FOR OR DISPLAYS
 SYMPTOMS OF SUCH PANDEMIC VIRUS, SHALL, AFTER SUBMITTING TO HIS  OR  HER
 EMPLOYER  A WRITTEN REQUEST FOR LINE OF DUTY SICK LEAVE, BE GRANTED LINE
 OF DUTY SICK LEAVE COMMENCING ON THE DATE THAT SUCH EMPLOYEE  WAS  DIAG-
 NOSED  WITH  OR  BEGAN  DISPLAYING  SYMPTOMS OF THE PANDEMIC VIRUS. SUCH
 OFFICER OR EMPLOYEE SHALL BE COMPENSATED AT HIS OR HER REGULAR  RATE  OF
 PAY  FOR  THOSE REGULAR WORK HOURS DURING WHICH SUCH OFFICER OR EMPLOYEE
 IS ABSENT FROM WORK DUE TO HIS OR HER DIAGNOSIS OR SYMPTOMS OF A PANDEM-
 IC VIRUS. SUCH LEAVE SHALL BE PROVIDED WITHOUT LOSS  OF  AN  OFFICER  OR
 EMPLOYEE'S ACCRUED SICK LEAVE.
   (B) AN EMPLOYER SHALL NOT TAKE ANY ADVERSE PERSONNEL ACTION AGAINST AN
 EMPLOYEE  REGARDING  SUCH  EMPLOYEE'S EMPLOYMENT BECAUSE EITHER (I) SUCH
 EMPLOYEE UTILIZES, OR REQUESTS TO  UTILIZE,  SICK  LEAVE  OR  ANY  OTHER
 AVAILABLE  LEAVE DUE TO A PANDEMIC VIRUS, OR (II) SUCH EMPLOYEE UTILIZES
 OR REQUESTS TO UTILIZE LINE OF DUTY SICK LEAVE PROVIDED BY THIS SECTION.
   3. NOTHING IN THIS SECTION SHALL LIMIT AN EMPLOYER'S POWER PURSUANT TO
 ANY OTHER PROVISION OF LAW TO  DISCIPLINE  AN  OFFICER  OR  EMPLOYEE  BY
 TERMINATION,  REDUCTION  OF SALARY, OR ANY OTHER APPROPRIATE MEASURE; TO
 TERMINATE AN APPOINTEE WHO HAS NOT COMPLETED  HIS  OR  HER  PROBATIONARY
 TERM; AND TO APPLY FOR ORDINARY OR ACCIDENT DISABILITY RETIREMENT FOR AN
 OFFICER OR EMPLOYEE.
   4.  A  REQUEST  FOR  LINE  OF  DUTY SICK LEAVE SHALL BE IN WRITING AND
 INCLUDE A WAIVER OF THE PROTECTION AFFORDED TO THE OFFICER  OR  EMPLOYEE
 PURSUANT  TO  THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT TO
 ALLOW DISCLOSURE OF THE OFFICERS OR EMPLOYEE'S EXPOSURE OR CONTACT  WITH
 A  PANDEMIC  VIRUS AND SUCH POLICE OFFICER'S OR EMPLOYEE'S POSITIVE TEST
 FOR SUCH PANDEMIC VIRUS AND ANY MEDICAL RECORDS  CONCERNING  SUCH  OFFI-
 CER'S  OR  EMPLOYEE'S  NOTICE  OF EXPOSURE OR CONTACT WITH SUCH PANDEMIC
 VIRUS AND SUCH POLICE OFFICER'S OR EMPLOYEE'S  POSITIVE  TEST  FOR  SUCH
 PANDEMIC  VIRUS IN THE POSSESSION OF THE RETIREMENT SYSTEM IN WHICH SUCH
 OFFICER OR EMPLOYEE IS A MEMBER FOR THE PURPOSE OF REVIEWING, PROCESSING
 AND AUDITING HIS OR HER CLAIM FOR LINE OF DUTY SICK LEAVE.  SUCH  WAIVER
 SHALL  BE  IN  THE FORM REQUIRED BY THE RETIREMENT SYSTEM OF WHICH HE OR
 SHE IS A MEMBER, ALONG WITH THE APPLICATION FOR LINE OF DUTY SICK LEAVE,
 WITH HIS OR HER EMPLOYER.
   5. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A)  "ADVERSE  PERSONNEL  ACTION" SHALL MEAN ANY DISCIPLINE, INCLUDING
 ISSUING A NOTICE OF DISCIPLINE, DISCHARGE, SUSPENSION, DEMOTION, PENALI-
 ZATION, OR DISCRIMINATION AGAINST AN EMPLOYEE  UTILIZING  LINE  OF  DUTY
 SICK  LEAVE  PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OR SUBDIVISION
 TWO OF THIS SECTION.
   (B) "COST" SHALL MEAN THE NUMBER OF DAYS OF SICK LEAVE  THAT  MUST  BE
 RESTORED TO AN OFFICER OR EMPLOYEE PURSUANT TO SUBDIVISION ONE OR TWO OF
 THIS  SECTION  MULTIPLIED BY SUCH OFFICER OR EMPLOYEE'S WAGE RATE AT THE
 TIME THAT SUCH SICK LEAVE FOR WHICH REIMBURSEMENT IS  BEING  SOUGHT  WAS
 TAKEN.

 S. 8456                             3
 
   (C)  "PANDEMIC  VIRUS"  SHALL MEAN A VIRUS (I) THAT IS CLASSIFIED AS A
 PANDEMIC BY THE WORLD HEALTH ORGANIZATION; AND  (II)  WHICH  CAUSES  THE
 GOVERNOR  TO  DECLARE A STATE DECLARATION OF DISASTER EMERGENCY PURSUANT
 TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW.
   §  2.  The  state  shall  reimburse  any public authority or municipal
 corporation of less than one million people for the cost of any line  of
 duty sick leave granted pursuant to this act.
   § 3. This act shall take effect immediately.

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